NEWSLETTER-2019-metin

292 NEWSLETTER 2019 limits of the contract. Moreover, it is stated in the relevant decisions that this right shall be used objectively 8 . On the other hand, in Article 24 of the TCO, it is regulated that clauses and provisions which grant unilateral authority to the drafts- man to make amendments to the provisions of a contract containing general terms or to make new arrangement in such type of a contract shall be deemed not to have been written. Although there are opinions to the contrary, by taking into account this legal regulation, it is con- sidered that the amendment records cannot be included in standard labor contracts or internal regulations, and that substantial changes in working conditions can be made by complying with the provisions of Article 22 of the Labor Law. However, as the regulation of Article 24 of TCO covers only general terms and conditions, in other words, to the standard labor contracts and internal regulations of the workplace, such amendment records may be included in individual employment contracts 9 . These records will be valid if the change has arisen from the requirements of the work, and the authority is used in accordance with the objective rules of good faith, as well. In this context, the au- thorization for the transfer of the employee may be included in the in- dividual and non-standard employment contracts. However, unilateral amendment records that may lead to a reduction in the wages of the employee are not considered valid. On the other hand, provided that it is not contrary to the mandatory rules, and the wages are paid, it is possible to obtain prior approval in the employment contract regarding equalization practices. Mobility Clauses in Employment Contracts Due to the qualification of the performance of work, mobility clauses are included, especially in employment contracts of those employees working in construction and petroleum, or in the tourism, banking and insurance sectors. Generally, these clauses specify that 8 7 th Chamber of the Court of Cassation, E. 2015/29926, K. 2015/25593, 16.12.2015; 9 th Chamber of Court of the Cassation, E. 2009/39668, K. 2010/37397, 13.12.2010; and the decisions to the contrary, please see 9 th Chamber of the Court of Cassa- tion, E. 2003/23105, K., 2004/1204, 26.01.2004; 9th Chamber of the Court of Cassation, E. 2012/23672, K. 2014/11862, 09.04.2014. 9 Süzek , p. 687.