Tacit Acceptance In Substantial Changes To Working Conditions: In Which Cases Is Implied Consent Considered Valid?

1. Introduction

The scope of labour law legislation is expanding day by day; the provisions regulating the employer – employee relationship is becoming more detailed both at the normative level and through judicial case law. Parallel to this, the principles of written form, clarity and predictability have gained increasingly prominent importance in the resolution of disputes concerning working conditions. However, despite these developments, it is difficult to say that certain old habits and practices that have become established in working life have been completely abandoned. In particular, changes arising in practice after the establishment of the employment relationship regarding the nature of the work, wages and wage-related entitlements, and the working order, are still frequently implemented without being subject to an explicit and written agreement between the parties.