NEWSLETTER-2019-metin

290 NEWSLETTER 2019 the performance of work and the behaviors of the employees in the workplace, and give the employees special instructions. Employees must follow these instructions to the extent required by the rules of good faith. The instructions that regulate the starting and ending times of daily working hours, rest breaks and how to apply them, the usage periods of annual paid leave, the tools and equipment to be used in the performance of work, the rules that should be obeyed for entry and exit of the workplace, the usage of the cafeteria and recreation facilities, procedures to be followed to provide health reports, as well as designated smoking areas in the workplace, are evaluated within the scope of instructions related to the performance of work and the behavior of the employees in the workplace 2 . Rights to supervise and to audit, and the authority to apply disciplinary sanctions when neces- sary, are also within the scope of management rights. The employer’s right to manage, which is at the bottom of the re- sources determining the working conditions, cannot be used contrary to the regulations within the scope of the Constitution, law, collective bargaining agreements, employment contracts, internal regulations and workplace practices. The employer’s management right is also subject to significant limitations, such as “Obligation of Equal Treatment,” “Principle of Proportionality,” and “Employer’s Obligation to Inform.” For instance, pursuant to the “Principle of Equal Treatment,” as regulated under Article 5 of Labor Law numbered 4857 3 (“Labor Law”), the employer is prohibited from arbitrary discrimination between employees in the workplace. In addition, the exercise of the right to manage is limited with its purpose and, despite the fact that there may be exceptional circumstances, it is accepted that the employer cannot give instruc- tions concerning the private life of the employee. The employer must comply with objective rules of good faith when exercising the right to manage, the instructions given should not be in contradiction with mandatory provisions, ethics, public order and personal rights, and the achievement of the subject of instruction may not be impossible. These limitations are also clearly stated in the 2 Süzek, Prof. Dr. Sarper: İş Hukuku, 14th ed., Beta Yayınları, Istanbul 2017, p. 87. 3 The Labor Law (OG, No. 25134, 10.06.2003) entered into force 10.06.2013.