CottGroup Hukuk ve Mevzuat Ekibi
Processing of Special Categories of Personal Data in Employer and Employee Relations
Law No. 6698 on the Personal Data Protection ("Law") stipulates its purpose in Article 1 titled "Purpose" as follows: “The purpose of this Law is to protect fundamental rights and freedoms of persons, particularly the right to privacy, with respect to processing of personal data and to set forth obligations, principles and procedures which shall be binding upon natural or legal persons who process personal data.” This provision regulates how personal data will be processed. Personal data is defined as "any information relating to an identified or identifiable natural person" in subparagraph d of Article 3 of the Law. Personal data are divided into special and general categories. In Article 6 of the Law titled "Conditions for processing of Special categories of personal data", special categories of personal data are defined as follows: "Personal data relating to the race, ethnic origin, political opinion, philosophical belief, religion, religious sect or other belief, appearance, membership to associations, foundations or trade-unions, data concerning health, sexual life, criminal convictions and security measures, and the biometric and genetic data are deemed to be special categories of personal data."
Cancellation of Employment Contract Due to Absenteeism in the Light of Supreme Court Decisions
The Labour Law (“Law”) stipulates the circumstances in which immediate termination for just cause may be applied for both the employee and the employer. The cases where the employer may terminate the employment contract immediately for just cause are listed in Article 25 of the Labour Law. In this provision titled "Employer's rightful immediate termination for just cause", termination of the employment contract due to absenteeism is also regulated. Article 2 of the Law includes the phrase "For immoral, dishonorable or malicious conduct or other similar behavior" and lists these situations in the following. Subparagraph g of the paragraph reads as follows: "The employee's absence from work for two consecutive working days or twice in a month on the working day after any holiday, or three working days in a month, without permission from the employer or without a justified reason." and thus recognizes the right of immediate termination for just cause in the event of unexcused absenteeism of the employee. Accordingly, the employee must have failed to fulfil this obligation on a day on which employee is obliged to work. Absenteeism should not be based on situations such as taking leave from the employer or being on report. In the decision of the 7th Civil Chamber of the Supreme Court with file no 2013/21856 and decision no 2014/4456;
Evaluation of Personal Data Breaches within the Scope of Turkish Penal Code
Technology, which develops day by day, has carried people's daily life to a different dimension. Conveniences that did not exist before have emerged. People have started to carry out many of their business online. Private sector and even public institutions carry out many transactions in this way. For this reason, almost everyone has information registered in multiple websites and databases. Many information such as T.R. identity numbers, home addresses, height of the person are included and stored in the systems. In other words, data is obtained, stored, or more accurately, processed. In the face of this convenience, mankind, which continues many of its business through the internet, has of course met some dangers that it has not faced before. One of these is personal data breaches.
Intermediate Rest Break Periods and Implementation Principles under the Labor Law
The purpose of the Labor Law No. 4857 is explained in the first article as "to regulate the working conditions and work-related rights and obligations of employers and employees working under an employment contract". In line with this purpose, the law has set forth many provisions. One of the rights regulated by the Law is the right to rest break, which is included in Chapter 4 of the Law titled "Organization of Work". Here, the rest period to be used by employees during working hours is regulated. Rest break is a legal right that employees use during working hours. Article 68 entitled "rest breaks" regulating this right is as follows: