How Far Can Your Employer Legally Relocate Your Workplace in Turkey?
As a foreigner working in Turkey, understanding the legalities surrounding your employment is crucial to ensure your rights are protected.
A common concern among employees is the scope of their employer’s authority, especially regarding the relocation of the workplace.
In Turkish, we often ask “iş yeri kaç km uzağa gönderebilir?” which translates to “How far can an employer legally relocate my workplace?” This is a pertinent question as such changes can significantly impact your daily life and work routine.
Below, we explore the legal framework in Turkey that governs workplace relocation so you can be informed about the extent of your employer’s rights and your own.
Understanding Turkish Labor Law on Workplace Relocation
The core of the workplace relocation issue lies within the Turkish Labor Law. This law stipulates the rights and obligations of both the employer and employee.
According to the law, an employer has the authority to manage their business as they see fit, which includes making decisions about where the business operates.
However, this authority is not absolute. The law also protects employees from arbitrary decisions that could unfairly disrupt their lives. What does this mean in practical terms?
The answer lies in the concept of ‘reasonability,’ which is a cornerstone in assessing whether a relocation can be enforced.
What Counts as Reasonable Distance for Relocation?
Determining what constitutes a reasonable distance when an employer decides to relocate is somewhat subjective and is taken on a case-by-case basis.
Several factors come into play, such as the distance of the relocation, the employee’s personal circumstances, and the terms of the employment contract.
The Turkish courts have often been the arbiter in such disputes, weighing the inconvenience and cost to the employee against the needs of the business.
Generally, if relocation imposes a significant burden on the employee, such as moving to a different city or region, the employer must provide substantial justification or might be required to provide additional compensation or benefits.
Employee Protections Against Unreasonable Relocation
It’s important for employees to know that they are not without recourse if faced with what they believe is an unreasonable relocation of their workplace.
If an employer mandates a relocation without reasonable justification or without providing adequate support, an employee may have the right to refuse the change.
Furthermore, if the matter cannot be resolved amicably, the employee has the right to file a grievance and take legal action if necessary.
Turkish labor courts can then decide on the matter, potentially deeming the relocation as constructive dismissal, entitling the employee to compensation.
Conclusion: Know Your Rights and Seek Legal Guidance
As an employee in Turkey, it is imperative to know your rights regarding workplace relocation. Employers do have certain rights to manage their business, which includes making decisions about where to operate.
However, this right is balanced against the employee’s right to fair and reasonable treatment. When asking “iş yeri kaç km uzağa gönderebilir,” consider the legal framework, personal circumstances, and contract stipulations.
Should you be faced with a relocation that feels unjust, do not hesitate to seek legal advice to protect your interests. At Bayraktar Attorneys, we are dedicated to ensuring that your rights are respected and your concerns are heard. Contact us for professional guidance tailored to your unique situation.
