NEWSLETTER-2019-metin

Employer’s Extended Management Right and Mobility Clauses in Employment Contracts* Att. Sevgi Unsal Ozden Introduction In labor law, the laws, collective bargaining agreements, and em- ployment contracts cannot resolve all disputes that may arise during the employee-employer relationship due to their qualification, since it is impossible to specify all needs in advance, to foresee an arrange- ment for each dispute, or to include details of specific work to be per- formed. Therefore, the work that the employee is obliged to perform is usually determined within general lines, and the details of the work are not specified, as a rule. This gap is filled with the management right belonging to the employer. In the event that the existence of provi- sions that grants employers the right to amend the working conditions in an employment contract means that the employer has extended its right to manage. Knowledge of the limits of management rights, and determination of the validity of records that extend the right to manage in employment contracts, are important in the continuation of the em- ployment relationship in accordance with the law, and in the resolution of disputes. In this article, we shed light on the limits of the employer’s right to manage, the extended management rights of the employer, and the mobility clauses in employment contracts that are frequently encountered in practice. Employer’s Management Right and Limits The rights of management of the employer is regulated in Ar- ticle 399 of the Turkish Code of Obligations 1 (“TCO”). Pursuant to this Article, the employer can make general arrangements regarding * Article of November2019 1 TCO (Official Gazette, 04.02.2011, No. 27836) entered into force on 01.07.2012.