Turkish Supreme Court labor rights rulings

The Turkish Court of Cassation (Yargıtay) has issued significant rulings regarding employee protections and employer conduct.

In one case involving a chemical engineer in Bursa, the Supreme Court of Appeals upheld a decision in favor of an employee who was allegedly assaulted by his employer to force the signing of documents. The court affirmed the engineer’s right to compensation for unpaid wages, overtime, and severance after he resigned due to excessive working hours and unpaid labor.

In a separate ruling, the court addressed the issue of unauthorized worker transfers. It ruled in favor of a public sector worker who had been repeatedly moved to distant locations without consent, resulting in salary reductions. The high court determined that such transfers can be deemed unlawful if they constitute an unauthorized change to essential working conditions.

Recent judicial developments have further clarified these protections. A Regional Court of Justice (BAM) ruled in favor of a foreign trade manager dismissed for absenteeism, finding that the employer’s continued payment of full social security premiums and lack of objection to remote work established a tacit consent to that working model.

Additionally, the Court of Cassation overturned a decision regarding a public sector technician transferred hundreds of kilometers away, which caused a significant salary reduction. The court ruled that while transfers may be administrative decisions, courts can determine if such actions are unlawful by evaluating the legal interests of the employee and the impact of substantial changes to working conditions made without consent.