Variation dismissal in Turkish and English Law

Due to social and economic developments, business life and employment relations are of dynamic nature and employment relations should be open to variation. This need of variation gives ability to employer in order to make some changes in the terms and conditions of the employment relation yet, it does not mean that employer could worsen the conditions of the employee which brings us to the point that there are limits in regard to the wishes of employer. Due to the nature of the employment relation, there is conflict of interest between employer and employee. There is need to regulate the scope of the variation of terms and conditions of the employment contract since the employer should not be given that much of power which could harm or worsen the conditions of the employee. Because of this reason variation are only be allowed in some conditions and there is need for employee's approval. Variation of terms and conditions of employment contract is of importance since it is one of the most debatable topics in employment relation. It is regulated by Employment Code 4857 Art. 22. There is a need for explicit and written approval of the employee so that employer can make the change of terms and conditions of employment relation yet, in some specific conditions, if the employee does not approve the change, this gives employer the right to dismiss the employee. In this paper, first, terms and conditions of the employment is explained. Second, procedure of the variation proposal third, approval or refusal of the proposal by the employee are explained in detail. Also conditions of variation dismissal by the employer and remedies of unfair dismissal regarding employment security are explained. Last section of this paper, comparison is made between English and Turkish law in regard to the variation terms and conditions of the employment contract. This work consists of three parts. First, terms and conditions of employment relation; second, types of variation, conceptional explanation of dismissal, scope of related provisions, conditions of such dismissal, proposal of the variation by the employer, dismissal by the employer regarding variation of terms and conditions of the employment contract and remedies; third, dismissal concept in English law, similarities and differences between Turkish and English law regarding the variation of employment contract are explained. Key Words: Terms and conditions, employment relation, employment contract, variation of terms and conditions, variation of contract, remedies, dismissal