Newsletter-21

333 LABOR LAW each case must be evaluated by its own merits. The most important parameter, herein, is whether or not the employer’s statement or action places expectations on the employees. These consistent actions can be granted, collectively, as well as to various employees who have equal status. While granting these, the employers must treat equally to the employees who have equal status pursuant to his/her responsibility of equal treatment. Therefore, unless the employer has a valid reason, s/he must not discriminate 2 . In order to consider an action as a workplace practice, it must be proven that the implementation shall not be realized inadvertently or as a result of a misunderstanding by the employer. Bonuses, or any type of fringe benefits or severance payment, after passing public personnel selection examination and leaving the job 3 , which are provided to employees, unilaterally, by the employer could be considered as an example as workplace practices. Workplace Practices Becoming Working Conditions The legislations that determine working conditions are: Constitu- tion, laws, collective labor agreements, individual employment con- tracts, personnel regulation, other similar resources, and workplace practices 4 . Workplace practices, actions regulated in the workplace by the employer without any legal and contractual obligation, are effec- tive in determining working conditions 5 . These practices are different in every workplace and are put in place at the employer’s initiative. Employers should be prudent while implementing their decisions be- cause when these actions are repeated, they become binding, since the implicit consent of the employees is deemed to have been taken. Thus, numbered 2003/9-11 E, 2003/54 K. may be given as an example. 2 Decision of 7th Chamber of Court of Cassation dated 08.02.2016 and numbered 2016/2543 E., 2016/2024 K. may be given as an example. 3 Decision of 7th Chamber of Court of Cassation dated 09.03.2016 and numbered 2015/6469 E., 2016/5798 K. may be given as an example. 4 Decision of 7th Chamber of Court of Cassation dated 16.03.2016 and numbered 2015/43401 E., 2016/6392 K. may be given as an example. 5 Mollamahmutoğlu, Hamdi , İş Hukuku, Ankara 2005 2 nd Edition, s. 59.