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  Citation Number 28
 Views 77
 Downloands 31
İŞ YAŞAMINDAKİ SANAL KAYTARMA DAVRANIŞLARININ HUKUKİ YÖNDEN İNCELENMESİ
2015
Journal:  
Yönetim ve Ekonomi Araştırmaları Dergisi
Author:  
Abstract:

The purpose of this paper is to determine which circumstances computer and Internet can be used implicitly and explicitly within the business and it can be caused termination for good reason or immediate termination in which case the attainment of content.Also, due to lack of any academic publications prepared on the basis of national law in the literature, it has been necessitated to do this research.In this context, 22 precedent the date of the decision from 1997 to 2012 received by the 9th Civil Chamber of the Supreme Court, the law no. 4857 Labor Law and the relevant articles of the law no. 5237 Turkish Penal Code are interpreted in the research. As a result, because of not goodwill and moral behaviors of employees, if the foundation of trust is corrupted and for employer to continue the employment relationship has become unbearable, the employer in this case, can use immediate termination right. However, if the employee’s cyberloafing behaviors cannot damage the foundation of trust, but they disrupt the normal functioning of the workplace, they have a negative effect on the workplace harmony and it is not expected that the employer continues the employment relationship, according to article 18 of the law no. 4857 Labor Law, can use termination for good reason right.

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