İşçinin Politik Görüş ve Faaliyetlerinin İş İlişkisine Etkisi
Özet
Employee's political activities are behaviors aimed at influencing the decisions of the political authorities. Within this definition, the political activities of the employee take place within the framework of political views and activities. In accordance with the horizontal effect of fundamental rights and freedoms, freedom of political activity affects the employment relationship. This effect of political activities should be addressed in terms of the basic concepts of the employment contract such as employee, employer and workplace.
It is necessary to identify the scope of the employer’s intervention in the investigation of political views. The collection of information by the employee should be evaluated within the framework of questions, tests, internet, artificial intelligence and security investigations. Firstly, the individual political activities of the employee may be realized through the use of communication tools for private purposes. Secondly, statements of political views should be disclosed in the workplace and outside the workplace (in private life). Furthermore, the consequences of a conflict of conscience in relation to political beliefs in the employment relationship should be clarified. Finally, the collective political activities of the employee should be examined, especially within the framework of the right to collective action.
The consequences of the political activities of the employee in terms of termination of the employment contract should be investigated in terms of the right of termination of the employer and the employee. Although, as a rule, political views cannot be accepted as a reason for termination, exceptional circumstances regarding termination can be addressed in terms of employees who are and are not covered by employment protection.
