Disciplinary penalties within the frame of employer's management right in Turkish labor law
2021
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Advisor: Doç. Dr. Özgür Oğuz
Abstract (EN)
The employer's management right has importance in consequence of place in the labor law practice because this right is one of the resources of conflicts between employee and employer in general. Because employer's management right provides being operated through giving instructions and being regulated to behaviors of the employees in the work place by employer. Employer hereby has the abilty to determinate, supervise and change working conditions on condition that not to be against to hierarchy of norms. Therefore, this right dominates the employment relationship between employee and employer. Employer's management right in the context of employment relation appears as giving instructions, making operational decisions, making amendment at working conditions and imposing disciplinary penalty. Those which the right of imposing disciplinary penalty is the basis of the concept of the working place discipline and is the important appliance for ordering in the work place, between employees and in the relationship between employee and employer. Disciplinary penalties are arranged as general phrases like "penalty of salary deduction", "termination for just cause". Although lacking detailed regulations in Turkish Labor Law except for these regulations; disciplinary penalties are enchased at legal basis and drew the lines in the context of employer's management right. About regulations of the types of disciplinary penalties, implementation, limits and objections in Turkish Labor Law are in collective labor contract and internal regulations in general and court practices are comprised in this way.
Author
Dr. Ayşegül Merve Koçak
How to Cite
Ayşegül Merve Koçak (Master Thesis). Disciplinary penalties within the frame of employer's management right in Turkish labor law, 2021, Anadolu University.
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