Türkiye Adalet Akademisi Dergisi
Yazarlar: Baki Oğuz MÜLAYİM
Konular:Hukuk
Anahtar Kelimeler:Discipline,Disciplinary,Investigation,Disciplinary Sanction,The Board of Discipline,Dismissal
Özet: In order to have a regular and peaceful working environment, discipline should be maintained in the workplace. The disciplinary investigation aims to apply the punishment of the behaviors that disrupt the discipline. In cases that do not aim to maintain discipline, the employee cannot be punished. In our legislation, there is no legal regulation that regulates disciplinary sanctions and sets out the procedures and the principles for their implementation except for the Labour Law numbered 4857 and some regulations in the Turkish Code of Obligations numbered 6098, so the general provisions of our legislation and the general principles of labour law should be taken into consideration. It is also possible that the employee can also apply to judicial authorities against the sanctions imposed by the employer. Therefore, judicial decisions on this subject are also important. In practice, regulations regarding disciplinary sanctions are being made by the collective agreements and workplace internal regulations mostly. Regulations within this scope can also be envisaged by labour contracts. With these regulations it is possible to prescribe lighter sanctions for the employees than the law. Board of discipline is accepted as the competent body in the implementation of the sanctions stipulated in the law, collective agreement or other legislation. By the collective agreements, limiting the termination of the labour contracts and restricting some rights of the employer arising from the law is possible. Warning, condemnation, wage cut and dismissal are common sanctions those are widely applied. Changing the job done by the employee or reloacation in the workplaces, being not promoted and temporary removal from work, are also among the foreseen punishments, although they are not frequent in practice. To apply disciplinary sanction as a result of disciplinary investigation is a negative situation for the employee. In case of dismissal, the employee also loses his job. For this reason, it is important to reveal the procedures and principles of the disciplinary investigation.