Newsletter-21

335 LABOR LAW and the working conditions, and shall be evaluated in accordance with Article 22 9 . Employee’s Right of Termination In the event that a workplace practice is removed without the written consent of the employee, and the employer did not terminate the contract, the employee may terminate the contract him/herself pursuant to Article 24/II/f of the Labor Law with just cause and with immediate effect, as the removal of workplace practice is deemed as an amendment of working conditions as mentioned, above. Various Approaches It is stated in the doctrine that if employers require that its employ- ees must fulfill several conditions to benefit from various implementa- tions; these cannot be deemed as workplace practices. Likewise, in the event that the employers reserve their right to withdraw the practice, consequent actions do not transform into workplace practices because in the existence of a reservation regarding a right of withdrawal, and/ or not to make payment, an action cannot be binding. However, the Court of Cassation has contradictory decisions regarding working conditions and workplace practices. In one of its decisions, it accepted that the subject workplace practice was removed since the employers did not object to the non-performance of the practice for two consecutive years. Court of Cassation decided that the employees’ claim at the time of the termination of the contract is contrary to the good faith principle 10 . However, the Court of Cassa- tion has quitted this approach. In addition, the employers frequently use the termination right pursuant to Article 22 to enforce the principle of termination as a last remedy because if the employee does not accept the proposed amend- ment, there is no choice for the employer but to terminate the contract. 9 Decision of 9th Chamber of Court of Cassation dated 22.03.2016 and numbered 2016/4030 E., 2016/6861 K. may be given as an example. 10 Decision of 9th Chamber of Court of Cassation dated 20.02.2003 and numbered 2002/14254 E., 2003/2020 K. may be given as an example.