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05 April 2024

Cancellation of Employment Contract Due to Absenteeism in the Light of Supreme Court Decisions

Category Work Life

Cancellation of Employment Contract Due to Absenteeism in The Light of Supreme Court Decisions

The Labour Law (“Law”) stipulates the circumstances in which immediate termination for just cause may be applied for both the employee and the employer. The cases where the employer may terminate the employment contract immediately for just cause are listed in Article 25 of the Labour Law. In this provision titled "Employer's rightful immediate termination for just cause", termination of the employment contract due to absenteeism is also regulated. Article 2 of the Law includes the phrase "For immoral, dishonorable or malicious conduct or other similar behavior" and lists these situations in the following. Subparagraph g of the paragraph reads as follows: "The employee's absence from work for two consecutive working days or twice in a month on the working day after any holiday, or three working days in a month, without permission from the employer or without a justified reason." and thus recognizes the right of immediate termination for just cause in the event of unexcused absenteeism of the employee. Accordingly, the employee must have failed to fulfil this obligation on a day on which employee is obliged to work. Absenteeism should not be based on situations such as taking leave from the employer or being on report. In the decision of the 7th Civil Chamber of the Supreme Court with file no 2013/21856 and decision no 2014/4456;

29 March 2024

Solution Proposal for a 9-Day Holiday: Compensation Work Application

Category Work Life

Solution Proposal for a 9-Day Holiday: Compensation Work Application

As known, in Article 47 of the Labor Law No. 4857, it is regulated that employees working in workplaces covered by the Law, if they do not work on days recognized as national holidays and general holiday days by laws, will be paid the full wages of that day without any work in return; if they work without taking a holiday, they will be paid an additional day's wage for each day worked. Accordingly, employees will receive full payment for the days they choose not to work and instead take holidays on national and general holiday days.

11 March 2024

Evaluation of Personal Data Breaches within the Scope of Turkish Penal Code

Category KVKK - GDPR

Evaluation of Personal Data Breaches within the Scope of Turkish Penal Code

Technology, which develops day by day, has carried people's daily life to a different dimension. Conveniences that did not exist before have emerged. People have started to carry out many of their business online. Private sector and even public institutions carry out many transactions in this way. For this reason, almost everyone has information registered in multiple websites and databases. Many information such as T.R. identity numbers, home addresses, height of the person are included and stored in the systems. In other words, data is obtained, stored, or more accurately, processed. In the face of this convenience, mankind, which continues many of its business through the internet, has of course met some dangers that it has not faced before. One of these is personal data breaches.

04 April 2024

Protection of Personal Data in Election Activities

Category KVKK - GDPR

Protection Of Personal Data in Election Activities

Elections are one of the important elements of healthy and well-functioning democracies in terms of the exercise of political rights and the direct and/or indirect participation of citizens in the administration.

Today, elections are of great importance for the healthy functioning of democratic processes and public participation. However, it is of great importance to be careful about the protection of personal data and to take the necessary precautions during the activities. The protection of personal data should be considered as an essential element of democratic processes.

21 March 2024

What is Disability Retirement? What are the Conditions for Disability Retirement?

Category Work Life

What is Disability Retirement? What are the Conditions for Disability Retirement?

Disability retirement, known in the legislation as disability pension, is a social security right available to individuals who become unable to work due to certain health issues. In Türkiye, this right is regulated by the Social Security Institution (SSI) and aims to help individuals maintain their quality of life. This article will thoroughly discuss disability retirement, who can benefit from disability retirement rights, and the conditions for applying for disability retirement.

08 March 2024

Gender Equality in the Perspective of Turkish Labour Law

Category Work Life

Gender Equality in the Perspective of Turkish Labour Law

Although the active role of women in working life and employment rates have been increasing in recent years, it is extremely important to prevent the problems experienced by women employees due to women's responsibilities in family life and some physical requirements. As a matter of fact, with sociocultural and technological developments as well as economic changes, it is of critical importance that women employees are not discriminated against due to their active role in business life and that women's health and safety is not interrupted. It should be noted that which is a guide due to the hierarchy of norms Article 50 of The Constitution of the Republic of Turkey ('Constitution'),

01 April 2024

Payroll and Wage Slips Role and Legal Nature in Employment Relations

Category Work Life

Payroll and Wage Slip's Role and Legal Nature in Employment Relations

Whether you're on the employer's or the employee's side, one term you'll frequently encounter in the working life is "payroll". Its commonality stems from its frequent practical appearance and the legal importance attributed to it. Payroll is often confused with wage slips and they are usually used together. In our study, we will examine the legal basis of payroll and wage slips, the mandatory elements they must contain, their similarities and differences, as well as their place in labor litigation.

15 March 2024

What is a Work Permit? How to Obtain a Work Permit in Türkiye?

Category Work Life

What is a Work Permit? How to Obtain a Foreign Work Permit in Türkiye?

Türkiye has become an attractive destination for many foreign workers due to its cultural richness, strategic location, and economic opportunities. However, foreigners wishing to work in Türkiye must be knowledgeable about several details regarding work permits. So, what is a work permit, and how does the process of obtaining work permit in Türkiye?

23 February 2024

Embracing Efficiency in HR: The Inspiration from #lazygirljobs

Category Work Life, Technology

Embracing Efficiency in HR: The Inspiration from #lazygirljobs

In the fast-paced HR world, where complexity meets necessity, the viral trend of #lazygirljobs offers a refreshing perspective. It emphasizes efficiency over exertion, advocating for smarter, streamlined work methodologies. At CottGroup®, we're inspired by this movement to revolutionize HR and payroll systems, making them more efficient and user-friendly for professionals across various industries, including manufacturing, IT, healthcare, education, and retail.

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