A Decree of Constitutional Court, Official Gazette number 295708 which was published on the on May 10, 2016. Examination of institutional e-mail accounts by an employer was not regarded as infringement of the right of respect to private life and privacy of communication and private corresponding via institutional e-mail accounts during the working hours was deemed to be grounds for dismissal.
Two employees who were working at a company had applied to Constitutional Court individually after claiming that their right of respect to private life and privacy of communication were infringed by the way of examining the institutional e-mail accounts, which have private correspondence and offered this as evidence on the re-employment case.
The employment contracts of the employees whom are said to have had an affair, were terminated with justified reason as per to Article 25 of Labour Code which regulates “events contrary to ethical rules and to good will and others” and the private correspondence on institutional e-mail accounts were used as evidence.
The terminated employees filed a re-employment lawsuit in 2012, arguing their employment agreements were wrongfully terminated because the employer monitored their e-mail accounts contrary to their constitutional rights to privacy and communication.
The re-employment lawsuit was rejected in 2013 on the grounds that the applicants made personal correspondence from their institutional e-mail accounts within working hours.The rejection decision was also upheld by the appellate court. However, the terminated employees continued to pursue the matter before the Constitutional Court. who have since ruled the rights of respect to private life and privacy of communication were not infringed.
The Decree stated that using the institutional e-mail accounts with private aims is forbidden by the regulations which form part of the employment contract and the employees were informed, if required correspondence and communication records can be pursued and examined. Although there is opportunity to use private accounts and communication devices during the working hours the correspondence which are irrelevant to work were made via institutional e-mail accounts during the working hours, in contravention of the employment contract, due to these reasons protecting the privacy of the private correspondences which were made via institutional e-mail accounts is not a reasonable expectation.
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MESAİ SAATLERİ İÇİNDE KURUMSAL HESAPTAN YAPILAN ŞAHSİ YAZIŞMALAR İŞVERENE İŞÇİNİN İŞ AKDİNİ HAKLI NEDENLE FESİH HAKKI TANIYOR