DRESS CODE OBLIGATIONS IN THE WORKPLACE AND TERMINATION OF EMPLOYMENT AGREEMENT
One of the debated issues in employment disputes is whether an employee’s personal choices or behavior in the workplace may justify the termination of an employment agreement.
The decision of the 9th Civil Chamber of the Court of Cassation, numbered 2016/5475 E., 2017/2968 K. dated 2 March 2017 constitutes an interesting example of this discussion.
In summary of the aforementioned decision, the plaintiff, who started working as a cashier in a retail store, was dismissed on the grounds of insisting on not wearing the mandatory company uniform (a branded t-shirt). The employee, however, stated that after she began wearing a headscarf for religious reasons, she did not wish to wear the short-sleeved uniform.
Although the Labor Court did not find the employer’s justification for termination sufficient and ruled that the employee’s refusal to wear the uniform in line with her belief could not constitute a just and valid reason for dismissal and decided on reinstatement, the Court of Cassation reached the opposite conclusion through the following evaluations, and concluded that the termination was based on a valid reason (in Turkish, “geçerli sebeple fesih”).
The Court of Cassation emphasized several principles in its assessment:
- Termination based on employee conduct requires identifying which contractual obligation was violated and assessing whether such violation negatively affected the employment relationship. Workplace dress code rules fall within the scope of the employer’s right of management. Having all personnel wear the same uniform is important for both customer recognition of employees and the maintenance of workplace discipline.
- The employer has no objection to the plaintiff employee wearing a headscarf in the workplace. The issue relied by the employer for termination was the employee’s insistence on not wearing the company’s mandatory uniform (the branded t-shirt) despite warnings and minutes issued by employer in this respect.
- There was no obstacle preventing the employee from wearing the uniform over long-sleeved clothing. Despite this option, she refused to comply, which disrupted workplace harmony.
The Court of Cassation further concluded that although the employee’s such refusal did not constitute “just cause” (in Turkish “haklı neden”) for immediate termination, it shall be considered as a “valid reason” (in Turkish “geçerli neden”) under Article 18 of the Turkish Labor Code, as it impaired workplace order. This decision is noteworthy as it demonstrates how the balance between “workplace rules – personal preferences” is established in employee-employer relations. The Court of Cassation regarded the employee’s wearing of a headscarf due to religious belief as a natural right; however, it held that failing to comply with the employer’s dress code standard could disrupt workplace order and constitute a valid ground for termination. The Court differentiated between “just cause” and “valid reason,” clarifying that while the conduct was not grave enough to allow immediate termination without notice nor indemnity, it nevertheless justified a termination based on valid reason with notice and seniority indemnity obligations.
Although this decision provides guidance, it does not yet constitute established jurisprudence of the Court of Cassation. At this point, the most important responsibility of employers is to clearly regulate ethical rules and a code of conduct that shall also include the employer’s dress code policy, that is transparent, inclusive, and respectful of employees’ fundamental rights. Such written regulations duly notified to the employees, in line with the requirements of Turkish Labor Law as part of their employment agreements, will both strengthen the employer’s managerial authority and help prevent potential disputes between employees and employers.
In cases of non-compliance, employers should ensure that refusals to follow uniform rules are properly documented, for example through written warnings and witness records. This documentation will be critical in the event of a dispute. At the same time, employers are expected to consider proportionate measures and explore whether reasonable solutions) can be provided, taking into account the “last resort” principle for a termination based on valid and just reason as regulated under Turkish Labor Law.
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