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Employers’ Competence of Email Supervision and
Right of Termination
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Att. Yesim Tokgoz
Employers must provide convenient working places and condi-
tions for their employees by taking advantage of many possibilities.
For this purpose, employers provide personal computers and e-mail
addresses for their employees; however, these personal computers and
e-mails may be supervised by the employers. As a result of these super-
visions, if an employee’s action breaches the commitment to perform
properly or subordinately towards its employer is determined, the
employer has the right to terminate the employment agreement for just
cause. This article focuses on employers’ competence of supervision
over e-mails and the right of immediate termination for just cause as a
result of their right to govern.
Employment Agreements and Subordinancy
Pursuant to the Article 8/1 of Labor Law numbered 4857 (“Law”),
an “
employment agreement is an agreement whereby one party (the
employee) undertakes to perform work in subordination to the other
party (the employer) who undertakes to pay him remuneration.
” As is
clear from this definition, employment agreements are formed by three
subjects, which are performance, remuneration and subordinancy. The
main difference between employment agreements and remaining
agreements is subordinancy. Within this scope, the employee is bound
by the orders and instructions of its employer, and is supervised by
him
1
. Thus, the employer has the right to govern and control, and the
employee has the obligation to adhere to the employer’s orders and
instructions.
312
NEWSLETTER 2015
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Article of August 2015
1
Prof. Dr. Nuri Çelik
, İş Hukuku Dersleri, Yenilenmiş 25. Baskı, Beta Yayınları, İstanbul 2013,
p. 86.