As the Law Firm of Attorney Arb. Billur Güler Aslım, we aim to provide a comprehensive guide to the legal issues that may be encountered by employees who are laid off in Antalya. In this article, the protection of personal data during the layoff process and the rights of the employee in this regard will be discussed in detail. Layoff is a difficult process both emotionally and legally, and the protection of personal data is vital for this process to be carried out fairly and transparently.
Processing of Personal Data During Dismissal Process
The employer processes various personal data about the employee during the termination of the employment contract. This data falls into various categories such as employee identification information, employment start and end dates, salary information, performance evaluations, disciplinary punishments and contact information. In accordance with the Personal Data Protection Law No. 6698 (LPPD), the employer is subject to certain obligations when processing this data. These obligations include the purpose of data processing being specific and legitimate, the data being suitable and limited for the relevant purpose, being accurate and up-to-date and having a legal basis. In the termination process, the legal reason for processing personal data is the execution of the employment contract and the termination of the legal relationship between the employer and the employee.
Employer Obligations within the Scope of KVKK
The employer must take all measures required by the KVKK during the dismissal process. These measures include registering as a data controller, taking data security measures, informing employees about the processing of their personal data, and ensuring that employees exercise their rights. The employer may only process personal data in relation to the dismissal process and for a limited purpose. Sharing the reason for the dismissal decision with the employee and providing information to employees about the processing of personal data are among the employer's obligations under the KVKK.
Dismissed Employee's Personal Data Rights
A dismissed employee has various rights granted by the LPPD regarding their personal data. These rights include the right to access, the right to rectification, the right to erasure, the right to restriction, the right to object and the right to data portability.
Right to Access, Correction and Erasure
The employee may request access to his/her personal data from the employer, correction of incorrect or incomplete data, and deletion of data if the processing is against the law. These requests may be submitted to the employer in writing or electronically. The employer is obliged to finalize these requests as soon as possible and within thirty days at the latest.
Right to Restriction, Objection and Data Portability
The employee may request the restriction of the processing of his/her personal data, object to the processing and request the transfer of his/her personal data to him/her or another data controller he/she has designated. The right to object is particularly important for data processing activities based on the employer's legitimate interest. The right to data portability, on the other hand, allows the employee to receive his/her data in a machine-readable format and transfer it to another employer.
Data Security After Dismissal
The employer's obligation to protect personal data continues after termination. The employer must securely store the former employee's personal data and protect it from unauthorized access. Deletion or anonymization of data is part of data security measures. The employer must keep its policies on the processing and protection of personal data up to date and inform its employees about these policies.
Dismissal and Legal Protection of Personal Data
During the dismissal process, it is of great importance for employers to act in accordance with the law and take the necessary measures to protect employees' personal data. Employees may file a lawsuit against their employers under the KVKK due to personal data processed in violation of the law and may request material and moral compensation. Therefore, it is extremely important for employers to act in accordance with the KVKK and to respect the rights of their employees during the dismissal process.
Conclusion
The protection of personal data rights of employees who are laid off in Antalya is of great importance for both employers and employees. Employers acting in accordance with the provisions of the KVKK and observing the rights of employees ensures that the termination of the employment relationship is fair and transparent. The information contained in this article is of a general nature and legal advice should be obtained for special situations. As Atty. Arb. Billur Güler Aslım Law Firm, we would be happy to assist you with all your questions regarding personal data rights that you encounter during the layoff process in Antalya. Please do not hesitate to contact us.