Can “Open To Work” Status On LinkedIn Constitute Valid Ground For Termination?

THE CURRENT APPROACH OF THE ISTANBUL REGIONAL COURT OF APPEAL (Istanbul Regional Court of Appeal, 31st Civil Chamber, Decision dated 20.03.2024, File No. 2024/249, Decision No. 2024/425)

A.  INTRODUCTION

The increasing impact of professional social media platforms on working life has brought with it the question of how employees’ conduct in digital environments should be evaluated under labour law. In particular, whether the “open to work” status used on professional career platforms such as LinkedIn may be regarded by employers as a breach of the employee’s duty of loyalty has recently become one of the notable areas of debate.

The 2024 decision of the 31st Civil Chamber of the Istanbul Regional Court of Appeal contains significant findings regarding the criteria under which employees’ activities on digital career platforms may be assessed in the context of termination of employment contracts.