Change in working conditions

In this study, the replacement of workers' working conditions, is examining the scope of Article 22 of the Labor Law. "Changing working conditions and termination of the labor contract" entitled edge Article 22 of the 4857 Act has been applied by the enforcement area. According to the Article 22 of the Labor Law, if the employer actualises an essential change in working conditions, it has to be notified by written declaration. If the worker accepts the offer by written declaration within 6 working days, the employer may carry out the essential changes in the contract. In case the worker did not accept the change, the employer can terminate the labor contract if there is a valid reason for the change or for the termination of the labor contract. Thus, the onus of termination is laid burden of proof to the employer in employment relationship in case the essential change didn't actualise. In this situtation, the workers who are subject to job security can terminate the labor contract in accordance with Article 17 and 21 of the Labor Law. The workers who are not subject to job security can demand compensation for bad faith damages, notice and severance pay when the conditions are suitable. Also in our study, change in reserved terms and the control of these terms which are the most common method of change in working conditions were examined because of the importance of the subject. Thus, the appropriate methods of changing procedure of working conditions and its effects to the employment relationship are explained. In addition, the legal consequences of the changes which are inappropriate to these methods are explained.