PUBLICATIONS

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INVALIDITY OF TERMINATION AND LABOUR CLAIMS

 

With the concept of job security which has entered into our law system with the statute no. 4773, the freedom of termination has been abrogated in terms of  labours covered by the security and Turkish legislation has been harmonised with the international legislation hereof. Accordingly, in case of the termination of employement contract without a valid reason, the labours covered by the job security will have the right to object to termination and to gain the opportunity to return to their previous job by claiming the voidness of terminaiton to be determined. 

This case named as re-instatement claim could be filed by an labour who has been working for at least 6 months in a workplace which employs minimum 30 labours, when his/her employement contract is been terminated without a valid reason. Due to the new regulation introduced by the statue no. 7036, the employee firstly has to convey a request about determination of voidness of the termination and re-instatement to a mediator. The labours will be able to file a claim within two weeks if the parties can not reach a conciliation agreement. The judgement resulting from this claim is declaratory and will indicate the several rights as well as the re-instatement of the labour.

These rights directly effect the labour’s severance pay. Therefore in this study, the circumstances resulting from the claim of re-instatement and the effect of labour’s acqusitions to his/her employement receivables has been examined in detail.

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THE OFFENCE OF RECORDING PERSONAL DATA (TCC article 135)

Personal data protection is a contentious field worldwide and it has been subjected to legislations since 1970s. As a result of facilitation of recording, storage and classification of information with the effect of technological developments, the importance of personal data protection is increasing day by day. The capability of individuals to shape their behavior without constant monitoring is closely linked to human dignity and the right of free development of his/her personality. Therefore, the right of personal data protection has been considered in the concept of fundemental rights and freedoms. Even so, the right of personal data protection has been accepted as a merit of communal life as such criminal sanctions have been implemented in our laws to adress certain violations.

In most legal texts, the concept of personal data has been defined as “any information relating to identified or identifiable individual”. Processing of personal data has been stipulated as any operation which is performed on personal data in certain conditions. The general and abstract nature of these explanations require both the context of consepts and the scope of right as well as the protection mechanisms to be embodied by doctrine and enforcement.

In this study, the concept of personal data has been firstly studied in the light of international regulations, national legislations of various countries and precedent. Secondly, the historical development of the regulations for personal data protection and the current position, mainly Personal Data Protection Act which come into force on 7 April 2016,  have been evaluated under Turkish law. Finally, the criminal offences that are intended to protect personal data in the Turkish Criminal Code no. 5237 has been considered and offence of recording personal data that is under article 135 has been examined in detail.