Under the personal right consideration surveillance and monitoring of the employee

Personal Rights of the Employee has absolute qualification and in this respect, owner of the right can claim his/her right against anyone. While information technologies develop standing\ risk of intervention to private life also increase and it is getting difficult to draw a line between common life and private life. Especially in Labor Law it is harder to divide them, because employee must also follow the order of the employer. In Turkish Law, there are not any regulations directly related with this issue. Therefore, authors and courts must develop criterion to make a division and protect the personal rights. Employers use a few different methods to protect their own interests. Surveillance and Monitoring of the employee is at the top of the list that employers use. Surveillance through e-mails, internet usage, phone interception, GPS and monitoring with cameras are the most used ways by employers. In this context, there is a conflict of interest between employers` property rights and employee`s personal rights. Thus, a balance between these interests must be found. Employers must be restricted with some rules and principles while they are using one of these methods. In order to decide these rules and principles, positive and negative effects of these methods on employees must be taken into consideration. In this thesis, firstly, terms of person, personality, and personal rights are defined and national and international resources in this respect explained. Secondly, ways of surveillance and monitoring, their effects and conditions of legal surveillance and monitoring have been analyzed. Finally, results of the illegal surveillance and monitoring have been explained.