More Power, Less Protection: Job Security Exclusions For Employer Representatives

The Turkish Labour Code establishes a comprehensive job security framework that shields employees from unjustified dismissal. It does, however, expressly exclude employer representatives and their assistants meeting certain criteria. Individuals falling within this exclusion cannot invoke the protections available under the job security regime, including the requirement that the employer demonstrate a valid reason for termination, the right to seek reinstatement, and the entitlement to claim compensation for unjustified dismissal.

Judicial assessment of employer representative status

Turkish courts assess whether an individual qualifies as an employer representative or an assistant to an employer representative by reference to two principal criteria, namely whether the individual manages the establishment as a whole, or whether the individual manages a workplace forming part of a broader establishment, provided that the individual also holds the authority to hire and dismiss