NEWSLETTER-2019-metin

291 LABOR LAW relevant decisions of the Court of Cassation. 4 The employee is not obliged to follow instructions in the event that the employer exercises the right of management contrary to restrictions; in other words, if the instruction is contrary to the law, morality, and public order 5 . Employer’s Extended Management Rights Regulations that are called “the amendment records,” or “the re- cords to reserve the right of amendment,” which grant to the employer the authority to make unilateral changes in employment contracts, or in internal regulations and similar documents, are frequently encoun- tered in work life. Amendment records in many different subjects, such as change of workplace (mobility clause) , change of duty and position, and change of wages, are included in employment contracts and other documents. As stated in the decisions of the Court of Cassa- tion in this regard, if the parties of the employment relationship make arrangements through the employment contract that the employer may make amendments to the working conditions, if necessary, this means that the employer has the extended right to manage. 6 Through these kinds of clauses, the employer is entitled to adapt the working condi- tions to changing circumstances without following the procedure 7 as stipulated under Article 22 of the Labor Law, and provides benefit in the evaluation of the labor force. Although there are decisions to the contrary, the Court of Cassation states in its numerous precedents that the employer has continuously acquired the right to change the working conditions of the employee provided that it not abuse the management right and complies with the 4 9 th Chamber of the Court of Cassation, E, 2017/12550, K. 2019/14617, 01.07.2019. 5 Süzek , p. 91. 6 9 th Chamber of the Court of Cassation, E. 2007/34216, K. 2009/111, 19.01.2009. 7 Pursuant to Article 22 of the Labor Law, any change by the employer to working conditions based on the employment contract, on the rules of work that are an- nexed to the contract, and on similar sources or workplace practices, may be made only after written notice is served by the employer to the employee. Changes that are not in conformity with this procedure, and which are not accepted by the em- ployee in written form within six working days, shall not bind the employee.