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ulate the use of the computers, internet and telephone calls, and dis-

close them to their employees; unfortunately, these types of regulations

are uncommon in Turkey.

Conclusion

Within the scope of employment agreements, employers have the

right to govern and supervise. Employers are competent to monitor

computer and e-mail accounts as provided by them to their employees

for the performance of the work and instructions that were provided

under the right to govern by the employer. Even though the principle

of good faith is such that the employer would provide notice of moni-

toring, pursuant to Decision Numbered 2009/447 E., employers may

use this right at will. In the event the employer determines a reason reg-

ulated under Article 25 of the Law as a result of its supervision, it may

terminate the employment agreement with immediate effect for just

cause. In this case, the employee shall not be entitled to severance and

notice pay; therefore, employees must be very mindful when they use

such computers and e-mail accounts and to avoid any actions that may

be deemed as a breach of the commitment to perform properly and

subordinately.

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NEWSLETTER 2015