Compliance Quarterly Türkiye

Global

Can AI decide your suitability for a job based on your facial expressions?

There are various ways in which AI is being incorporated into the recruitment process.

Read the full Inside Tech Law blog, "Can AI decide your suitability for a job based on your facial expressions?"

Türkiye

The state of force majeure in Adıyaman, Hatay, Kahramanmaraş and Malatya provinces and Gaziantep province İslâhiye and Nurdağı districts is extended

The General Directorate of Insurance Premiums of the Social Security Institution extended the state of force majeure for these regions, which were affected by the recent earthquakes, until August 31, 2024. In this context, workplaces and other insured persons employing persons in these provinces will be able to submit the necessary information, documents and declarations to Social Security Institution until September 16, 2024. 

In addition, the premium debts for the years 2023 and 2024 are postponed until February 28, 2025 without any delay penalty and increase. Structuring and instalment transactions are also extended under certain conditions. This announcement aims to prevent the victimization of employers, insured and beneficiaries in the relevant regions.
 

Constitutional Court made a decision on the violation of freedom of expression due to termination of employment based on a social media post

With its decision dated February 7, 2024, the Second Chamber of the Constitutional Court decided that the freedom of expression guaranteed under Article 26 of the Constitution was violated. The applicant, working as a subcontracted worker at the Public Health Directorate, made a social media post criticizing the pressures faced by subcontracted workers and the managers. Following this post, his managers filed a complaint, and the Criminal Court of First Instance convicted the applicant and the applicant's employment contract was terminated by the subcontractor. 

The applicant has appealed the case, however, the request for appeal was also rejected by the Labor Court, the Regional Court of Appeals and the Supreme Court. The applicant has then made an application to the Constitutional Court claiming that his freedom of expression was violated because his employment contract was terminated due to his social media post criticizing the managers while working for a public institution as a subcontracted worker. 

The Constitutional Court noted that freedom of expression allows for a degree of exaggeration and provocation. The Constitutional Court determined that the lower-level courts failed to provide an objective and convincing justification for considering the expressions as necessitating the extreme measure of termination. Consequently, the Constitutional Court concluded that the freedom of expression of the applicant was violated.