Newsletter-21

334 NEWSLETTER 2016 the employees will have right to claim the application in the fourth year. Impossibility to Cancel Workplace Practices Unilaterally These applications that emerge through the employers’ unilateral actions cannot be cancelled by the employer’s unilateral decisions 6 . Since these workplace practices become working conditions, the removal of the workplace practice shall mean the amendment in em- ployees’ working conditions and, pursuant to Labor Law Article 22, the essential amendments made by the employer shall be valid only if the employee is informed, and his/her written consent is obtained within 6 working days. Although making amendments in the working conditions of the employees is directly related to the employer’s managerial right, the employer is not actually free to utilize this right. Managerial rights can be effective regarding gaps that are not regulated clearly in legislation, collective labor agreement, or employment contacts that are applied in the workplace 7 . Therefore, in line with Article 22, without the em- ployees’ written approval, the removal of the workplace practice shall not be binding upon the employee. Employer’s Right of Termination In the event that the employee does not accept the proposed amendment, the employer may terminate the employee’s employment contract by respecting the prior notice periods, paying his/her sever- ance payment, provided that s/he provides, in writing, a consent that the proposed amendment is based on justifiable grounds 8 . Within this scope, the jurisprudence states that as an example, the cancellation of bonus payments is an essential amendment of the employment contract 6 Decision of General Chamber of Court of Cassation dated 27.2.2013 and num- bered 2012/9-1166 E., 2013/279 K. may be given as an example. 7 Decision of 7th Chamber of Court of Cassation dated 16.03.2016 and numbered 2015/43401E., 2016/6392 K. may be given as an example. 8 For more information: http://www.erdem-erdem.com/en/articles/pursuant-to-ar- ticle-22-of-labor-code-no-4857-change-in-working-conditions-and-termination- of-employment-contract/ (Accessed on 31.07.2016).