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Employer’s Right to Govern
The right to govern allows the employee to give instructions in
accordance with laws, collective labor agreements, and employment
agreements to regulate the work and the behavior of employees in the
workplace
2
.
Generally, employment agreements regulate work roughly. Non-
regulated work is filled within the scope of employer’s right to govern.
Nevertheless, employers should use this right justly by treating
employees who are equal, equitably. Hence, the duties of employees
must be clearly defined, and they must work within the scope of these
definitions. Furthermore, “personnel regulations” or “workplace
instructions” that are formed by the employer, and which include the
working place rules, must be disclosed to the employees.
As an example to these regulations, some companies prohibit
access to various internet addresses so that the employees do not ‘surf’
in social media during working hours. This prohibition is a reflection
of the employer’s right to govern; therefore, it is legal. Likewise,
employers may prohibit making personal phone calls, unless it is an
emergency, or certainly necessary for work.
Employer’s Right to Supervise
As a natural result of the right to govern, employers have the right
to supervise their employees to determine whether their orders and
instructions are being followed. Supervision is necessary to provide the
layout of the working place. Employers may use different methods for
supervision, such as examination of the files, or performance tests.
Reviews of the files are made through computers and e-mails since all
communications are realized via the internet. Pursuant to the principle
of good faith, employers must inform their employees prior to these
kinds of reviews, and the supervision must be made openly. However,
in accordance with the decisions of the Court of Cassation, employers
are competent to utilize their right to supervise at will.
LABOR LAW
313
2
Prof Dr. Sarper Süzek
, İş Hukuku, 3. Bası, Beta Yayınları, İstanbul 2006, p. 61.