Disciplinary Regulations, Structure Of The Company Disciplinary Board And Disciplinary Penalties

In companies, institutions, organizations, businesses, public institutions and similar structures where a certain number of people act, work or meet together; certain rules, regulations and operational structures are established in order to ensure business and administrative order and increase efficiency, and as a result, disciplinary mechanisms are formed. One of the mechanisms that play an important role in the creation and implementation of these structures is disciplinary regulations, disciplinary board and disciplinary penalties. In this article, the disciplinary regulations, the structure of the company disciplinary board and disciplinary penalties shall be discussed within the framework of labor law regulations.

I. Internal regulations and mechanisms

Especially after the year 2000, the rapid globalization of commercial activities and the development of trade between countries have created different effects in many areas. In this process, the need to institutionalize the internal mechanisms of trade companies has emerged. Today, in addition to large and corporate structures, small and medium-sized enterprises also establish some regulations, by-laws and mechanisms to ensure order in their workplaces and to set general rules. With the diverse nature of these mechanisms, labor-management relations have become a fundamental component of this comprehensive structure.

It is the employment agreement that determines the fundamental relation between the employer and the employee. The parties determine their duties, obligations and responsibilities regarding the employment relation through the employment agreement. In the employment agreement, the employer may also include provisions regarding the organization and rules of the workplace and the employee is expected to comply with them. However, due to the fact that these regulations are related to the entire enterprise and adapt to changing conditions, workplace internal regulations are usually prepared as an annex to the employment agreement and signed by the employee. However, it should be emphasized that the internal regulations shall be presented to and explained to the employee in advance. Following the fulfillment of the mentioned procedure, they become valid with the explicit or implicit acceptance of the employee.

The internal regulations to be discussed in this article are the regulations that include rules and procedures for ensuring discipline in the workplace, determining attitudes, behaviors and actions that violate discipline and sanctioning them.

II. Disciplinary Regulations

There is no general regulation on disciplinary law and the gap arising from the absence of a regulation is often shaped in practice by collective bargaining agreements or internal company procedures. A workplace disciplinary code is an official document that sets out the rules, penalties and disciplinary procedures for a company's employees. They should be in line with labor law, but also with the specific needs and culture of the company. Disciplinary regulations should be understandable and accessible to all workers. It is important to take some of the following points into account when drafting disciplinary regulations.

1. Legal Compliance: The disciplinary regulation must comply with labor laws, labor regulations and other relevant legal requirements.
2. Company Culture and Values: The disciplinary code should be in line with the company's values, vision and work culture. These values should be emphasized to ensure that employees behave in accordance with the company's goals and expectations.
3. Rules and Behavioral Expectations: Specific behaviors, job performance and ethical expectations should be clearly stated. Issues such as working hours, workplace rules, work clothes, performance expectations should be clearly explained.
4. Disciplinary Procedures: The steps to be followed in case of disciplinary violations and the types of penalties should be clearly specified. Issues such as what the penalties to be applied, in which cases they will be applied, and how these penalties will be applied should be clear.
5. Informing Employees: Disciplinary regulations must be presented to employees in detail. It should be introduced during the orientation process for new employees and periodically reviewed with existing employees.
6. Flexibility and Timeliness: The disciplinary code should be in line with the spirit and development of the times. It should be revised according to changing working conditions. Therefore, it is important that regulations are flexible and updatable.

For the company, careful and well-drafted disciplinary regulation is important to create a peaceful working environment for both the employer and the workers.

III. Structure and Operation of Disciplinary Boards

Disciplinary investigations are the most important issue in case of violations of the rules and procedures set out in disciplinary regulations. Disciplinary investigations are carried out to determine the scope of the behavior in violation of the Labor Law or the event subject to disciplinary punishment in the disciplinary regulation and whether it requires disciplinary penalty. Disciplinary investigations should be as comprehensive, transparent and multi-dimensional as possible. Depending on the circumstances of the concrete case, in practice, disciplinary investigations may be carried out in a very comprehensive and prolonged manner. However, the main purpose of the disciplinary investigation is to punish the employee in case of undisciplinary behavior in the workplace. Disciplinary investigations may be carried out by various units (Disciplinary Board, Internal Audit, Inspection Board, Human Resources, etc.) depending on the organization of the company. In terms of these units, the disciplinary board is defined as the body authorized to impose the penalties stipulated in the law, labor contract or legislation and, when necessary, to terminate the employment agreement.

There is no legal regulation governing the structure of disciplinary boards. The absence of a legal regulation allows companies to structure their disciplinary boards according to their own criteria. However, for companies that have signed collective bargaining agreements, this may create an exception and allow for the presence of representatives on behalf of the workers. In companies with such a structure, disciplinary boards are usually composed of four members, two from the employer and two from the labor union. The chairperson of the disciplinary board is usually designated by the employers, and the board can convene and take decisions with a majority. In the event that the majority is not met, a second meeting date is set and decisions are taken with the members present instead of the majority. The number of substitute members of the disciplinary board and whose representative they shall be may also be determined with the regulations to be determined.

The structure of the disciplinary board may be different in companies that are not party to collective bargaining agreements or that do not have blue-collar production and field workers. In "white-collar" companies, which are companies with a predominantly "white-collar" workforce based on mental power and knowledge, all members of the disciplinary board may consist of senior managers and members of the company's board of directors acting on behalf of the employer's representative. There is no obligation in the law or other legislation to establish a disciplinary committee within the workplace. In addition to the disciplinary board, the employer may also impose disciplinary penalty on the employee.

Disciplinary boards have become of critical importance, especially for rapidly developing and growing companies. They have started to be included in the structures of companies in order to ensure internal order and to create a peaceful and reliable working environment.

IV. Disciplinary Penalties

As we have discussed in detail in Title II, disciplinary regulations should regulate the sanctions in a clear and understandable manner. In this respect, disciplinary regulations should include regulations on the disciplinary penalties to be imposed for the behaviors of the employees in violation of the workplace regulations.

There is no legal legislation regulating how the disciplinary regulations prepared by employers will be applied, the scope, procedure and judicial review of the penalties in the disciplinary regulations prepared by employers. The legal basis of these disciplinary penalties can be based on the "Obligation to comply with regulations and instructions" in Article 399 of the Turkish Code of Obligations No. 6098 and the "Wage deduction penalty" in Article 38 of the Labor Law. Likewise, in terms of the relationship between employer and employee, disciplinary penalties should be determined and applied based on the general provisions of the Labor Law.

In the internal regulations of the company, disciplinary penalties are generally listed gradually as follows.

• Warning penalty
• Reprimand penalty
• Wage deduction penalty
• Dismissal penalty

In addition, these penalties can be diversified according to the line of activity of the company, and different penalties such as rotation, change of position, suspension can also be included in disciplinary regulations.

Although these disciplinary penalties are not regulated in any legislation, they must comply with certain conditions and principles in order to be applied against workers. This compliance is related to the basic principles of law and must not be contrary to the principle of proportionality, the principle of equal treatment and the termination processes regulated in the labor law.

The termination of the employment contract, which is called "dismissal penalty" among disciplinary penalties, is important as it is realized as a unilateral termination of the employment relationship between the parties. In practice, the employment contract of the employee may be terminated for justified or valid reasons within the framework of the decisions of the disciplinary board. However, in order to use the right of immediate termination for just cause, periods must be observed. According to Article 26 of the Labor Law, the period for the employer to exercise the right of immediate termination is as follows: "The authority to terminate the contract granted to the employee or the employer on the basis of situations that do not comply with the rules of morality and goodwill shown in Articles 24 and 25 cannot be used after six working days starting from the day the other party learns that one of the two parties has engaged in such behavior, and in any case after one year from the date of the act. However, the one-year period shall not apply in the event that the employee benefits financially from the incident." Within the framework of this article, it is necessary to determine the starting date of the six working day period and operate the termination processes accordingly. This period depends on whether the incident subject to termination is referred to the disciplinary board and the board's investigation, research, evidence and document collection regarding this incident. If the disciplinary board decides to terminate the employee's employment contract immediately after the completion of these procedures, the employee must terminate the employment contract within six working days from the date of this decision.

According to the decision of 9th Civil Chamber of Court of Cassation numbered E. 2023/9430, K. 2023/8075; "after the incident subject to termination, an investigation was carried out by the employer, the investigation report prepared by the auditor within the scope of the investigation was evaluated by the workplace disciplinary board authorized for termination on 09/12/2021 and decided to terminate, and then the termination was completed on 15/12/2021, Accordingly, termination was carried out within the six working day period and it is against the procedure and the law to award severance and notice pay in favor of the plaintiff employee for the reason that the event subject to justified termination was referred to the disciplinary board on 13/09/2021 and the employer did not carry out the termination within the term." Within the framework of this decision, it has been ruled that the six working day period will start from the date of the decision taken by the disciplinary board regarding the termination, not from the date of learning of the event subject to termination.

V. Conclusion

Disciplinary regulations are a fundamental part of internal organization and labor relations. Factors such as legal compliance, company culture and values, established rules, disciplinary procedures and employee information are important bases for work discipline. These regulations contribute to the creation of a peaceful and productive environment while regulating the functioning of employers and protecting the rights of employees. Disciplinary boards are an indispensable part of this process. It is important that disciplinary investigations are conducted in a transparent, comprehensive and fair manner, and that disciplinary penalties are determined and applied. However, it is also necessary to comply with legal deadlines and the rules set by labor laws. Disciplinary penalties are an indicator of compliance with the rules set out in employment contracts, and employers need to be fair in determining and applying these penalties. In the case of severe penalties such as dismissal, it is essential to follow the processes and principles set by labor laws and the law.

As a result, regulations, boards and disciplinary penalties for workplace discipline contribute to the creation of a fair environment by both regulating the functioning of employers and protecting the rights of employees. The operation of these mechanisms in a fair, transparent and lawful manner is a fundamental requirement for a healthy working relationship and a productive working environment.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.