Newsletter-21

332 NEWSLETTER 2016 Workplace Practices* Att. Yesim Tokgoz The labor law is a branch of law in which the freedom of con- tract principle is limited in favor of the employees. The Constitution, Labor Law numbered 4857 (“Labor Law”), Occupational Health and Safety Law and relevant legislation, collective labor agreements, as well as jurisprudence, restrict freedom of contract. Our legislation has many provisions that protect employees, and one may say that the jurisdiction generally adjudges in favor of employees. Employees and the employers may freely determine the conditions of their labor relations, provided that the provisions are not contrary to mandatory rules of law. Furthermore, employees may make claims, even if they are not stated either in their employment contract or in the legislation or in jurisprudence. A right to claim may originate through workplace practices. In this article, information in light of Court of Cassation Decisions concerning workplace practices’ characteristics, how they become part of working conditions, the impossibility of cancellation of workplace practices without the consent of employees, as well as employers’ and employees’ termination right will be addressed. The approaches that employers may consider while implementing such practices will also be expressed. Workplace Practices Workplace practices are actions that are realized and repeated by employers’ initiative within the scope of employer’s management rights, even though they are not regulated by law, collective agree- ment, or employment contract. There is no any legal regulation deter- mining how many occurrences constitute an action to be considered as a workplace practice. However, the general opinion is to repeat the application for at least three years, consecutively 1 . Nevertheless, * Article of July 2016 1 Decision of General Chamber of Court of Cassation dated 05.02.2003 and