SUBSTANTIAL ALTERATION IN THE EMPLOYEE'S WORKING CONDITIONS

The procedure for making a substantial alteration in an employee’s working conditions by the employer during the continuation of the employment relationship is regulated under Article 22 of the Labor Law No. 4857 (“Labor Law”).According to the precedents of the Court of Cassation, circumstances that aggravate the employee’s working conditions are considered to constitute substantial alterations. Examples of substantial alterations include the reduction of the employee’s salary, the removal or diminution of additional social benefits, the modification of the employee’s position or working hours to their detriment, and the placement of the employee on unpaid leave.

Any changes not notified to the employee in writing by the employer, or not accepted in writing by the employee within six business days, shall not be binding on the employee.If the employee does not consent to the substantial alteration of the working conditions, the employer may terminate the employment contract based on a valid reason.In cases where the employee refuses to accept such alteration and the employer subsequently terminates the employment contract, the employee shall be entitled to claim severance pay.

Article 22 of the Labor Law does not explicitly provide that the employee may terminate the employment contract for just cause due to a change in working conditions.However, under Article 24/II(f) of the Labor Law, the employee may terminate the employment contract for just cause and thereby claim severance compensation from the employer.

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