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The salary of the worker working in a subcontractor company in a public institution in Bursa has been reduced. The worker who takes the way of the labor court; gross 1,040.90 TL without the knowledge and consent of the claimant’s fees after the tender. stated that his salary was reduced to TL 763.65 on 12.30.2009.
When the applicant submitted an application to the subcontractor, the plaintiff worker stated that his salary was reduced to the minimum wage level by citing the corresponding ministry circulars; According to article 22 of the Labor Law, he affirmed that if the salary is reduced, which constitutes a fundamental change in working conditions, the worker must be notified in writing and the salary differences must be paid.
The defendant institution requested the rejection of the case. The court ruled to accept the case. When the accused appealed to the public institution, the Ninth Civil Chamber of the Supreme Court of Appeals was charged.
In the decision of the Supreme Court; It was recalled that situations such as the decrease in the amount of wages received, the elimination of bonuses or social benefits, the assignment of the worker to a lower level of his current job in the organization of the workplace and the worsening of working conditions, within the meaning of Article 22 of the Labor Law, number 4857, they change the content of the employment contract against the worker.
‘FUNDAMENTAL CHANGES THAT THE WORKER DOES NOT OPEN THE APPROVAL DOES NOT ATTEND THE WORKER’
The following statements were included in the Supreme Court decision, which emphasized that such changes could only be made with the worker’s written approval:
“Substantial changes that the worker does not explicitly approve do not bind the worker. Although the worker does not explicitly accept the substantial change in the wage reduction, the worker still has the right to collect a difference even in the pay period, even if the payroll for this payment it is signed by the worker.To reduce the basic salary of subcontractor workers, even if they are based on the ministry circulars, the worker must have a clear and written consent in accordance with articles 62 and 22 of the Law of the job with the number 4857 for the change to be valid If the worker accepts this change in writing within six working days after notification of the discount in writing to the worker, the change will be made in wages. to be done in the essential elements of the service contract can be done by the worker with a notice provision of consent in writing or through a new service contract to be signed between the parties. Changes not made in this way are invalid. In the specific dispute, no written consent was received from the worker for the reduction made by the defendant or its sub-employers in the plaintiff worker’s wages; However, it is understood that some service contracts have been signed between the sub-employers and the claimant, which have changed within the term. The service contracts signed between the plaintiff and the subcontractors, in which the amount of wages is written, show that the worker accepts the discount made on the wage within the scope of Article 22 of Labor Law No. 4857, and the Discount made on salary takes effect from this date. For this reason, it is not possible to request different wages after the worker has consented to the reduction of wages when making a new employment contract. The court decision was unanimously reversed. “
