Articles

Examination of Workplace (Business) Ethical Rules within the Framework of the Turkish Code of Obligations’ Provisions on General Terms and Conditions: A Theoretical Approach

ABSTRACT

Workplace codes of ethics are rules that everyone involved in the work organization is obliged to follow. Due to globalization and the trend toward professionalization, workplace ethical rules have become an indispensable element for enterprises. Compliance with such rules positively affects business success. The oft-cited statement of a well-known company founder “I would rather lose money than lose people’s trust” underscores the importance of ethi cs for businesses. Recently, in Türkiye, a manager at a large company was warned by senior management for sending a Ramadan greeting message, which illustrates the importance of clearly defining the scope and limits of workplace ethi cal rules. In the United States and Europe, many companies have come to the fore with corporate scandals and resulting ethical failures. Consequently, employers tend to set a framework for employee conduct through workplace codes of ethics. These workplace ethical rules prepared by enterprises should be regarded as a source of labour law. Accordingly, they become part of the set of rules that employees are obliged to comply with and are considered an annex to standard employment contracts. However, in many cases, when signing a standard-form contract, employees are not even aware that they are or will be subject to such ethical rules. Therefore, for workplace ethical rules to be binding on the employee and to produce legal effects, the employee must be clearly informed by the employer and must accept them without reservation. Provisions on general terms and conditions under Turkish Code of Obligations (Arts. 20–25) apply to all contracts and ensure that contracts are subject to judicial control. It is thus appropriate to subject workplace ethical rules to a multi-stage review within the framework of general terms and conditions.

Keywords

Business Ethics General Terms and Conditions Labour Law Workplace Codes of Ethics Workplace Practices Sources of Labour Law