Workplace Q&A
1 What actions may an employer take if:
a) an employee is absent from work without authorisation because they were watching the World Cup?
Employers could document this absence and impose disciplinary measures in accordance with properly issued company rules. If the number of days of absence exceeds the limits stated within the Employment Code, it may lead to immediate termination of the employment contract without severance.
b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?
Although imposing a disciplinary measure based solely on suspicion would pose legal risks, if there is serious and concrete evidence indicating that the medical report is inaccurate or has been misused, the employer may even resort to termination of the employment contract. However, in the event of a potential termination, an employment-related lawsuit may end in favour of the employee.
c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?
Breathalyser tests may be implemented by employers only for specific, high-risk occupations (such as drivers or miners) and cannot be applied to all employees based solely on suspicion, and they would also require the necessary documentation from a data protection point of view. However, if an employee comes to work intoxicated, it is recognised as a just cause for immediate termination of the employment contract without severance.
d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?
As rearranging the work hours may constitute a substantial change in working conditions, obtaining employees’ written consent would be legally safer. However, employees who do not wish to watch their country’s matches should be allowed to work according to their regular schedule.
e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?
If an employee is using company IT systems during work hours to watch matches or engage in gambling (including illegal activities) and is neglecting their work, the employer may take disciplinary action in line with properly issued company rules. On the condition that the necessary data protection documents have been signed by employees, the employer may examine the web traffic on the company’s servers and computer systems. Depending on the severity and evidence, this could range from a warning to termination of the employment contract.
f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?
For company organised events, employees may be subject to disciplinary measures ranging from a warning up to termination. For events not organised by the employer, whether disciplinary procedures are applied depends on the seriousness of the employee’s behaviour and its impact on the company.
2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?
If an employee works on those days, they must be paid their daily wage plus 100% overtime, on the condition that it is declared a national holiday by the Turkish Government.
3 Is it lawful for a company’s employees to conduct office pools at the workplace?
Would there be any restrictions on the amount of money to enter or the amount of compensation awarded? Regardless of the entry fee or prize amount, office pools held in the workplace could technically be considered illegal gambling. However, if the stakes are limited, the activity is entirely organised by employees, and participation is restricted to employees only, the legal risks are relatively low.
4 May employers prohibit public displays of rival country team colours in the workplace?
Employers may restrict such displays if they could reasonably be considered to disrupt workplace order or create a hostile environment.
5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?
While such situations could give rise to a potential discrimination claim, they alone would not be sufficient to prove that discrimination has occurred. The employee would be under the obligation to prove that they were subject to discrimination.
6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?
Access to illegal gambling or betting content may be restricted on company internet and office computers, and employees may be warned about this beforehand.