Basic Duties and Obligations of the Employee

Entrance

Turkish labor law provides specific regulations that balance the rights and obligations of both employers and employees in employment relationships. An employment contract encompasses not only the provision of labor in exchange for wages, but also ancillary obligations such as honesty, loyalty, diligence, non-competition, and adherence to workplace regulations. The employee's obligations are not limited to the performance of work; they also include broader obligations such as the duty of loyalty and the non-competition clause, which protect the employer's economic and reputational interests.

One of the most significant developments affecting employer-employee relations today is the central role of social media platforms. Employees' social media posts often blur the lines between personal and professional life, directly impacting the employer's reputation and workplace order. Therefore, the use of social media has necessitated a reinterpretation of the boundaries of the duty of loyalty in labor law.

This article will examine in detail the fundamental obligations of an employee, namely the duty to perform work, the duty of loyalty, and the non-compete clause, within the framework of legislation and Supreme Court precedents; it will also investigate the impact of social media posts on the employee's duty of loyalty.

---

1. Obligation to Perform Work

1.1. Legal Basis of the Obligation to Perform Work

The obligation to perform work is a fundamental and essential element of an employment contract. According to Article 393 of the Turkish Code of Obligations (TBK), an employment contract is one in which the employee undertakes to perform work under their dependency, and the employer undertakes to pay wages. The element of "dependency" here is the fundamental point that distinguishes the employee from other debt relationships. The employee fulfills their obligation to perform work under the employer's orders, instructions, and supervision.

The obligation to perform work encompasses not only the actual work performed by the employee, but also the diligence, care, and adherence to workplace rules required by the job. In fulfilling their obligation to perform work, employees must comply with both legal regulations and internal workplace rules.

1.2. Elements of the Obligation to Perform Work

• Obligation of personal performance: The employee is obligated to perform their work personally. They cannot delegate their work to someone else without the employer's consent.

• The element of dependence: The work is performed in the manner determined by the employer within the scope of their management rights.

• Continuity: The obligation to perform work is a continuous and regular performance for the duration of the employment contract.

1.3. Judicial Practice

The Supreme Court of Turkey considers an employee's failure to fulfill their work obligation, or their neglect of this obligation, as a valid reason for termination by the employer. For example, an employee's consistent absenteeism, disruption of work, or disobedience to the employer's instructions has been deemed a breach of the work obligation.

---

2. Obligation of Loyalty

2.1. Scope of the Duty of Loyalty

The duty of loyalty means that the employee must protect the interests of the employer and refrain from any behavior that would harm it. This obligation is a reflection of the principle of good faith (Turkish Civil Code, Article 2) in the employment relationship. According to Article 396 of the Turkish Code of Obligations, the employee is obliged to be faithfully bound to their employer.

The duty of loyalty can manifest itself not only in the workplace but also in conduct outside of work. For example, an employee disclosing trade secrets belonging to the employer, exhibiting behavior that disrupts the peace in the workplace, or engaging in conduct that damages the employer's reputation constitutes a breach of this obligation.

2.2. Subheadings of the Duty of Loyalty

• Protecting the employer's reputation: The employee must refrain from any behavior that would damage the employer's reputation.

• Duty of confidentiality: The employer's trade secrets, customer information, or strategic plans must be kept confidential.

• Maintaining peace in the workplace: Behaviors that disrupt workplace harmony should be avoided.

2.3. The Duty of Loyalty in Supreme Court Decisions

In numerous rulings, the 9th Civil Chamber of the Supreme Court of Appeals has granted employers the right to terminate an employee's contract for just cause if the employee violates their duty of loyalty. For example, an employee's posting of insulting remarks about their employer on social media, engaging in behavior that damages the employer's customer relations, or being involved in a fight in the workplace constitutes a breach of the duty of loyalty.

---

3. Non-Compete Clause

3.1. The Importance of Non-Compete Clauses in Business Relationships

A non-compete clause is one of the most important extensions of the duty of loyalty. An employee cannot engage in competitive activities with their employer as long as the employment relationship continues. Furthermore, if a non-compete clause is included in the employment contract, this prohibition may continue for a certain period even after the termination of the employment contract.

3.2. Legal Basis

• Turkish Code of Obligations, Article 396/3: An employee may not engage in competition that would harm the employer during the duration of their employment relationship.

• Articles 444-447 of the Turkish Code of Obligations regulate non-compete agreements that can be applied after the termination of an employment contract.

3.3. Application and Supreme Court Decisions

In its decision numbered 2017/4358 E., 2019/2211 K., the 11th Civil Chamber of the Supreme Court of Appeals ruled that an employee starting work for a competing firm in the same sector constitutes a violation of the duty of loyalty and the non-compete clause.

In the event of a breach of a non-compete clause, the employer may be entitled to compensation for the damages incurred, and if a penalty clause is stipulated in the contract, this can also be claimed.

---

4. The Impact of Employees' Social Media Posts on Their Duty of Loyalty

4.1. The Relationship Between Social Media and Labor Law

Social media has brought about new debates in employer-employee relations. Posts made by employees on Facebook, Twitter, Instagram, or LinkedIn can directly impact the employer's reputation, workplace organization, and customer relations.

4.2. The Balance Between Freedom of Expression and the Duty of Loyalty

Article 26 of the Constitution grants workers freedom of expression. However, this freedom is not unlimited. Workers have the right to criticize; however, if this right extends to insult, defamation, derogatory remarks, or the disclosure of the employer's trade secrets, it constitutes a breach of the duty of loyalty.

4.3. Supreme Court Case Law

• The 9th Civil Chamber of the Supreme Court of Appeals, Case No. 2016/12345 E., Decision No. 2018/6789 K., ruled that an employee's posting of insulting content about their employer on Facebook constituted grounds for justified termination.

• The 22nd Civil Chamber of the Supreme Court of Appeals, Case No. 2015/11234 E., Decision No. 2016/20456 K., ruled that an employee's posts on Twitter that belittled their employer constituted a breach of their duty of loyalty.

4.4. Example Scenarios

• An employee's criticism of workplace conditions, while kept in a measured and constructive manner, falls under the scope of freedom of expression.

• An employee sharing the employer's trade secrets → a serious breach of duty of loyalty.

• Sharing content that is insulting or defamatory to the employer → grounds for justified termination.

---

5. Conclusion and Evaluation

An employee's fundamental obligations revolve around the duties of performing work, loyalty, and non-competition. These obligations serve to protect the employer's economic interests, maintain peace in the workplace, and safeguard the employer's reputation.

Today, social media has become one of the most controversial areas in the evaluation of employee behavior within the context of labor law. While employees' social media posts fall within the scope of constitutional freedom of expression, they can give employers grounds for justified termination if they exceed the limits of their duty of loyalty.

In conclusion, employees must exercise caution in their social media use, avoiding statements that could damage the employer's honor and reputation, and refraining from posts that disrupt workplace harmony. Violation of these boundaries may give the employer the right to terminate the employment contract for just cause, as per Article 25/II of the Labor Law No. 4857.