The number of social sharing sites is increasing day by day, and social media sharing increases accordingly. In this context, it has become inevitable for some sharing made through social media to negatively affect the relationship between the employee and the employer.
The fact that employees, who actively use social media, are sharing humiliating, insulting, or over-critical things in regard to their colleagues or employers may cause disciplinary action to be imposed on the employee. Conduct of the subject matter outside the working hours will not be accepted as a valid defense and will not save the worker from responsibility.
In accordance with the regulation of Article 25 of the Labor Law No. 4857, the employer may terminate the employment contract without any compensation without waiting for the notification period in cases written down by law. According to this; the employer may terminate the employment contract of the employee for just cause if the employee says or acts in a way that touches the honor or good name of the employer or one of his family members, if he makes unfounded denunciations and manifestations that harm the honor and dignity of the employer or if he teases the employer, one of his family members or another employer. In addition, although if social media sharing does not contain negative arguments about the employer but the relationship of trust between the employee and the employer has been damaged, this situation can be interpreted as a violation of loyalty. Again, if the employer shares confident information about the workplace via social media, the employment contract may be terminated by the employer for just cause.
If the employer terminates the employment contract of the employee based on justifiable reason, the employee shall be paid only all rights (salary, bonus etc.) arisen to the date of termination. As can be seen, in this case the employee will not be entitled to severance pay. For this reason, it should be noted that sharing through social media, whatever the case, shouldn’t impair people’s personality rights.
Att. Ezgi YURTOĞLU