Article 1 - Parties
1.1 Soy Kitchenware Manufacturing Sales Domestic and Foreign Trade. Ltd. Ltd. (Hereinafter referred to as "Employer" for short.)
Head Office Address: Esenkent Mah. Barlas St. No: 2/1 Ümraniye / IST
1.2 ……………………….. (Hereinafter referred to as “Employee”)
Residence address: …………………………………………………………………………………………..
This Service and Depreciation Agreement (“Agreement”) has been drawn up between and under the following conditions.
The Employer and the Employee will hereinafter be referred to jointly as the “Parties” and individually as the “Party” in this Agreement.
Article 2 – Subject
The subject of this Service Agreement is, between the parties, the Employee, within the framework of the relevant provisions of both this Agreement and the Labor Law, at the Employer whose title is stated above, Esenkent Mah. Barlas St. No: 2/1 Ümraniye / İST, in the workplace with the title of “………………………”, under the conditions specified within the scope of the Agreement, and to regulate the mutual rights and obligations that this situation will entail on the Parties.
Article 3 – Rights and Obligations of the Parties
3.1. The Employee accepts, declares and undertakes to work at the workplace and existing or to be opened branches of the Employer whose title is mentioned above, within the framework of the relevant provisions of both this Agreement and the Labor Law in force during the term of this Agreement. The headquarters and branches of the workplace and all places where the Employer or his representative assigns or sends the Employee for work purposes are within the scope of the workplace, and the Employee is obliged to work in places required by the job. The Employee accepts and undertakes in advance to work temporarily or permanently in other workplaces belonging to the Employer or determined by the Employer, both in the city, outside the city or abroad.
3.2. The Employee's job description is defined in ANNEX-1, which forms an integral part of this Agreement. However, the Employer is authorized to make changes in job descriptions. If there is a change in the job description, the new job description is notified to the Employee in writing.
3.3. Work required by the employee's job and other duties to be assigned; The applicable Law, Statute, Regulation, Circular, national and international organization regulations to which the Employer is bound, professional ethical rules, occupational health and safety rules, Personnel Regulations and orders to be given by their superiors, the internal directives to be issued by the Employer within the scope of the Turkish Commercial Code. undertakes to perform in accordance with the authorities. Since the employee has read and accepted the organizational chart, personnel regulations and other regulations, circulars, instructions and procedures currently implemented in the workplace and the other regulations, circulars, instructions and procedures announced by the Employer, he/she must comply with the provisions contained in these documents and comply with the work orders and regulations of the Employer or the Employer's Representative authorized by him/her. is obliged to carry out the instructions completely and without excuse.
3.4. Since the job subject to the contract depends on the Employee's knowledge and skills and the necessary competence regarding the subject of the job, the Employee cannot claim that he was not given information and training regarding his job. Based on this, it cannot be claimed as a defense that the Employee was not provided with the necessary training and information in cases of recourse pursuant to Articles 66 and 116 of the BK. The Employee has undertaken to the Employer that he/she has the necessary knowledge and experience, and the Employer has concluded this Agreement with the Employee based on this commitment.
3.5. The obligations of the Employee while performing the duties subject to this Agreement within the workplace are as follows:
3.5.1. The Employee will fulfill all duties and responsibilities related to production and duty in a timely and complete manner, within the framework of the instructions and directives given to him by the Employer and/or his superiors and within the scope of his manager's job description. The Employer may change the Employee's duty, title, authority and responsibilities if deemed necessary. An Employee who does not properly carry out the instructions given to him/her and/or the work within the scope of his/her duty or causes the work to be disrupted in any way, accepts and declares that he/she is responsible for the damages arising from the non-compliance and/or disruptions.
3.5.2. The employee acknowledges that he/she has been given verbal and/or written information about the work to be done and the working rules and practices of the workplace; He accepts and declares that he will start his duty after this information is given to him and that he will work in accordance with the conditions containing this information.
3.5.3. While working at the workplace, the employee must only think about and implement his duties, know the internal order and regulations of the workplace, perform his duties carefully, attentively, on time, accurately and efficiently in line with these orders and regulations, and always protect the interests of the Employer in all matters.
3.5.4. The Employee shall not be absent from work for 2 (two) consecutive business days, or 2 (two) times in 1 (one) month, on the business day following any holiday, or 3 (three) business days in a month, without obtaining permission from the Employer or without a justified reason. accepts, declares and undertakes. If the Employee acts contrary to his responsibilities within the scope of this article, it is a reason for the termination of the employment contract by the Employer with just cause.
3.5.5. The employee accepts, declares and undertakes to comply with the working hours required by the job subject to this Agreement and implemented in the workplace.
3.5.6. The employee accepts, declares and undertakes that he will comply with the order of the workplace with his clothing and appearance, will not deal with his private affairs during working hours, and will adopt the general working principles of the workplace.
3.5.7. The Employee accepts and undertakes not to use the materials, tools and equipment delivered to him for use in his work for purposes other than business purposes, to show due care in the protection and maintenance of the tools and equipment, and to compensate all damages that the Employer may incur otherwise. In addition, the Employee undertakes not to use machinery, tools and equipment that have not been delivered to him.
3.5.8. The employee accepts, declares and undertakes not to come to the workplace with alcoholic beverages, drugs or similar substances that may affect his ability to appeal, and not to use these substances in the workplace, and not to bring into the workplace items and substances that are not related to his work, or substances that are prohibited to be carried or used.
3.5.9. The Employee accepts, declares and undertakes to use the annual paid leave to which he/she will be entitled in accordance with the current Labor Law, at the time and under the conditions determined by the Employer according to the working conditions. The employee cannot transfer the leave he/she has not used in any year to the next year without the approval of the Employer. In accordance with the Labor Law, a wage request cannot be made in lieu of leave entitlement.
3.5.10. In the termination of this Agreement, the Employee is obliged to deliver all kinds of fixtures delivered to him to the Employer completely and completely, free from all kinds of defects, records and defects, and if there are damages caused by his own intention or fault, he must compensate these damages to the Employer. accepts, declares and undertakes to do so.
3.6. The Employer is obliged to pay the Employee the fee specified in Article 5.1 of this Agreement in return for the Employee's services specified in this Agreement.
3.7. The Parties may change the working conditions of this Agreement at any time by mutual agreement. However, when the Employer will make a significant change in the working conditions resulting from this Agreement or personnel regulations or similar sources, the Employer will notify the Employee in writing. If the employee does not object to this change proposal in writing within 6 (six) days, he/she will be deemed to have accepted the assignment. These changes to working conditions will not have retroactive effect.
3.8. If the Employee is required to work overtime as a requirement of the work subject to this Agreement, since the Employee's wage has been determined to include compensation for all kinds of overtime, he/she may work on the working day both in accordance with the decision of the workplace management or by his/her own decision in order to complete the task assigned to him/her. If the employee is obliged to work overtime during week breaks, national holidays and public holidays, the Employee has given his/her consent to work during these periods, and the Employee has accepted that the compensation for the work and overtime on the holiday will be included in the wage he will receive.
3.9. If the Employee terminates this Agreement for any reason within 3 (three) years after attending trainings and seminars that will contribute to the Employee's professional and personal development and for which the Employer pays a fee; The Employee accepts and undertakes to reimburse the Employer for all expenses incurred by the Employer for the said training. All rights of the Employer are reserved in this context.
3.10. Before completing all the transactions given to him by the Employer, the Employee shall submit to the Employer all documents, information, documents, records and the like, both given to him by the Employer and produced by him or under his control, in a way that will ensure that the work or works in question are subsequently continued by the Employer as necessary. He/she accepts and undertakes not to notify the termination of the employment contract under any circumstances, without submitting it to .
3.11. Weekly working hours are 45 hours, and daily working hours, overtime, working hours during week holidays and public holidays, and working hours that cannot be divided into weekly working days will, as a rule, be regulated within the framework of the provisions of the Labor Law No. 4857. The Employer can advance or delay the start and end times of work and break breaks, and change them at any time, depending on the need for the job. The Employee has agreed in advance to comply with these conditions. As a rule, the distribution of the weekly working time over days and the determination of breaks will be made by the Employer, provided that it is in accordance with the rules of good faith and the management policy valid both in working life and in the workplace. Seminar, meeting, congress and annual meeting periods and the time spent on the road to participate in these meetings are not included in the scope of overtime.
3.12. If the Employer requests that he work on national holidays and public holidays, the Employee agrees to work. This consent is deemed to be renewed every year as long as the service contract continues.
3.13. If the Employer requests for reasons such as the general interests of the country or the nature of the work or increasing production, the Employee agrees in advance to work overtime. This consent is deemed to be renewed every year as long as the service contract continues. If the employee is required to work overtime due to the nature of the job; Since the wage has been determined to include compensation for any overtime work that the employee may do, the overtime work done by the employee within the legal limits specified in Article 41 of the Labor Law No. 4857 (270 hours per year), and the work done during week breaks, national holidays and general holidays. He accepted the job, accepting that the compensation was included in his salary.
3.14. In accordance with Article 63 of the Labor Law No. 4857, an equalization period can be applied in the workplace at times determined by the Employer. The Employee agrees to work with an equalization period at times deemed necessary and determined by the Employer, that the Employer may apply a second equalization period at the end of the implementation period, that the working hours and types in the new equalization period may change or to return to normal working hours, and that the arrangements in this regard will be made by the Employer and to work in accordance with these principles. accepts. For the equalization period, the Employee accepts that the Employer distributes the normal weekly working hours of 45 hours to the other working days of the week, provided that it does not exceed 11 hours per day.
3.15. If the employer deems it necessary, the employer may have compensatory work specified in Article 64 of the Labor Law No. 4857. The Employee agrees in advance to perform compensatory work at times deemed necessary and determined by the Employer, that the duration and format of compensatory work may change, that arrangements in this regard will be made by the Employer, and to work in accordance with these principles. These compensatory work is not considered overtime.
3.16. In case it is necessary to pay overtime wages to the Employee within the principles specified in Article 41 of the Labor Law No. 4857; Regarding this overtime, the Employee accepts and undertakes to use free time instead of increased wages for overtime, if the Employer deems it necessary. The Employee agrees in advance to use free time at times deemed necessary and determined by the Employer or to revert to increased wages, that arrangements in this regard will be made by the Employer and to work in accordance with these principles.
3.17. The Employee accepts, declares and undertakes in advance to compensate any damage caused to the Employer during his/her employment by deducting from his/her wages.
3.18. The Employee shall comply with the responsibility and obligation of keeping confidential and not disclosing all kinds of data, information, events, elements and documents that he/she has learned due to his/her title and duty and that the Employer does not want a third party or parties to know, that have not become public and that the Employer has an interest in not knowing, especially to rival organizations; Otherwise, the Employer will be liable to compensate for the loss of reputation and commercial damages suffered, and in such and similar cases, the Employer will exercise its right to terminate without notice and compensation.
3.19. In the event of termination of this Agreement for any reason, the employee accepts and undertakes to declare in advance and irrevocably that if he does not return the tools and equipment given to him and that are still usable, the fee will be deducted from his salary.
3.20 The Employee cannot work in another job or workplace or open a business during or outside business hours without the written permission of the Employer. As long as this Agreement continues, the Employee cannot engage in a commercial activity, profession or business other than the position for which he/she was hired by the Employer, even outside working hours, without the written consent of the Employer, cannot actually work under another Employer and/or in another legal entity, or provide consultancy services. and cannot engage in any other activity. The Employee's violation of his obligations arising from this article within the term of the Agreement constitutes a fundamental violation of the Employee's obligations of loyalty and care towards the Employer; In such a case, the Employer has the right to immediately dismiss the Employee from his duties at the Employer and/or unilaterally terminate this Agreement with justification.
3.21. The employee acquires all copyrights, design rights and other intellectual property rights (if any) regarding all inventions, copyrighted works and design works that the employee finds, creates, develops, writes or makes during his/her employment for the employer, valid all over the world and transfers all its rights and powers to the Employer with this Agreement and accepts that it will be deemed to have transferred it in the future.
Rights regarding any and/or all patents, inventions, designs, trademarks, logos, titles and slogans, whether registered or registrable, which the Employee creates while performing his/her duties and obligations and work within the scope of this Agreement and which may be the subject of intellectual property, works, ideas and processes and all kinds of improvements and changes related to them, ideas and elements containing know-how and copyrights, rights related to trade secrets, unique database rights, used on the Employer's websites or on the Employer's computers All software, especially computer software, and all kinds of intellectual and industrial property rights, including but not limited to copyrights (including all versions, modifications, developments and derivatives), and all applications made to obtain these rights and renewals of these rights. or extended forms, confidential information and other information protected by law, and other products shall be the property of the Employer, without requiring any transfer ceremony, even if they are developed or designed during or outside normal working hours, and when the Employee makes a service invention, this is obliged to notify the Employer of his invention in writing and without delay.
If the transfer of some of the Transferred Inventions and Rights is subject to special formal conditions due to the legislative provisions regarding Intellectual Property Rights, the Employee completes the necessary transfer by complying with the said formal conditions as well as this Agreement. Otherwise, the Employer will have the right to demand from the Employee the economic benefit that he would have had if the invention or Intellectual Property Rights in question had been transferred to him.
3.22. Regardless of whether it is included in the job description or not, if the Employee makes any cash transaction for any reason and duration, he/she accepts and undertakes to compensate all losses that the Employer may suffer due to the cash deficit. In such a case, the Employer collects this damage from the Employee within legal limits.
3.23. The Employee accepts and undertakes to have his or her performance evaluated on paper or in a computer environment, during the period of employment at the Employer, at periods determined by the Employer and according to the methods to be determined in the regulations of the national and international organizations to which the Employer is affiliated, or in the Employer's own regulations or personnel regulations.
3.24. At the termination of the Contract, the Employee is obliged to deliver in full all kinds of fixtures delivered to him, all communications, drawings, documents and other documents belonging to the Employer, and all information regarding the Employer's works stored on magnetic or optical diskette or memory. It agrees and undertakes to delete it irrecoverably and to compensate any damages caused by its own intent or fault, and to deduct its fees and receivables in this regard.
3.25. The employee confirms the accuracy of the matters declared in the job application form and accepts the termination of the Agreement without notice and compensation in case any information he/she provides is incomplete or incorrect or if it is deemed inconvenient for him/her to work in the workplace as a result of the security investigation to be carried out by the competent authorities.
3.26. The Employee agrees to stay away from any work, transaction, action, relationship or interest that may endanger the interests of the Employer. The Employee requests a significant amount of money, gift, loan, debt or any other item/benefit/service from any supplier, rival company, service provider or other person who is considering or has a business relationship with the Employer, It is prohibited to provide or allow others to benefit from these benefits. The Employee cannot take any action that will result in any job opportunity related to the Employer's field of activity going to himself or another person rather than the Employer.
3.27. The Employee must comply with all rules, regulations, principles, ordinances and all other internal documents as the Employer may prescribe from time to time. The Employer may conduct such internal audits, investigations and proceedings as may be necessary from time to time for such purposes as the Employer deems necessary, including, but not limited to, investigations conducted in connection with an alleged violation or internal audits to ensure compliance with the Employer's policies and procedures. Worker; In this internal audit, investigation or proceedings, to provide the Employer with details of all information that may be requested, including samples of relevant and accessible documents, and to inform the Employer of employees who violate the law or the Employer's principles or regulations, including but not limited to will cooperate and assist the Employer.
3.28. The Employee declares and undertakes that he/she is not subject to a non-competition clause arising from the previous employment contract and that he/she has not and will not violate any non-competition clause by signing this Agreement. The employee also declares and undertakes to comply with the legal notice periods arising from the previous employment contract.
ARTICLE 4 – Trial Period
The trial period is 2 (two) months from the Employee's starting date. The Parties may terminate this Agreement within this period without any notice and without compensation.
Article 5 – Fee
5.1. The Employer will pay the Employee a net salary of …………….. every month. This fee will be paid to the Employee's bank account once a month and within business hours on the tenth day of the month following each month worked. This fee to be paid to the Employee covers all the work and duties that the Employee will perform within the scope of this Agreement, and for the avoidance of doubt, the Employee is entitled to work on overtime, on days off, on weekends, on religious-national holidays and general public holidays, including but not limited to will not have the right to request additional wages for any reason whatsoever, including working on holidays. This salary may be revised every year to the extent that the success criteria stipulated by the Employer are met by the Employee and according to the evaluations regarding the Employee's job performance subject to this Agreement. However, the Employee does not have the right to request an increase in the wage determined above.
5.2. If the employee does not object in writing within 1 (one) week at the latest to the payments accrued at the end of the month and notified to him/her with the wage slip, it will be implicitly accepted that he/she has no objection to the payroll.
5.3. The Employee's agreed wage includes overtime wages and wages for work on weekdays, national holidays and public holidays.
5.4. The sum of the advance payments made to the Employee during the month, the damages caused by the Employee to the Employer, the penalties imposed on the Employee and the Employee's debts will be deducted by the Employer from the wage to be paid. In wage payments, if the Employee does not object in writing within seven days from the date of payment against incomplete or incorrect accruals, the accrued wage for that month is deemed to be finalized and released.
5.5 . Apart from the agreed wage, the Employee cannot make any other demands from the Employer under the name of premiums, bonuses, compensation, piece rates, social aid and payments .
5.6. Any benefit decided to be provided to the Employee temporarily or permanently by the Employer, even if granted many times, does not constitute an acquired right for the Employee and does not give rise to any right to claim.
5.7. During the continuation of this agreement, even if the Employer grants premiums, bonuses, compensation, social aid and payments or rights under other names to the Employee, the Employee accepts that these practices of the Employer may be changed and removed by the Employer at any time.
Article 6 – Duration of the Contract
This Agreement begins on …/…/20… (“Start Date”) and has an indefinite period.
Article 7 – Invalidity of Part of the Agreement
If one or more of the articles of this Agreement are invalidated by the legislature or by court decision or for any other reason, it will not affect the validity of the other articles of the Agreement for the Parties.
Article 8 – Waiver of Part of the Rights of the Parties
During the execution of this Agreement, if the parties give up one or more of the rights and powers granted to them and/or act tolerantly regarding these rights and powers, this will not mean that they have given up other powers and rights granted to them by this Agreement and will not harm or affect other powers and rights. will not restrict.
Article 9 – Transfer and Assignment
The Employee cannot directly or indirectly transfer or assign his rights, debts and obligations arising from this Agreement, in whole or in part, to third parties without obtaining the prior written permission of the Employer.
Article 10 – Divisibility
If any of the articles of this Agreement is invalid under the law,
The contract will not become void; The substance that is against the law will be outside the scope of the Agreement. In such a case, the Parties will produce an alternative instead of the invalid article and put the article they agreed upon into practice by putting it in a written and signed form.
Article 11 – Termination of Contract
11.1 If the Employee does not fulfill his obligations specified in this Agreement, or does not fulfill them properly, or fulfills them incompletely and/or acts contrary to this Agreement, the Employer may terminate the Agreement unilaterally, without the need for prior notice, for all damages. may terminate immediately, provided that its rights to claim and compensation are reserved.
11.2 The Parties may terminate this Agreement based on the reasons specified in Law No. 4857. If the employee terminates without complying with the notice periods; He agrees in advance that the compensation he will pay will be deducted from his receivables.
11.3 In cases falling within the scope of Article 25 of the Labor Law No. 4857 and/or if the Employee does not comply with the provisions of this Agreement, the regulations and circulars issued by the Employer, procedures and acts contrary to the orders and instructions of the Employer, the Employer may terminate this employment contract without notice and compensation. may terminate immediately. In this case, the Employee has no right to compensation.
11.4 The Employer may terminate this Agreement for an indefinite period, based on a valid reason, by complying with the principles specified in Articles 18 and 19 of the Labor Law. In this case, the Employee's rights arising from Labor Law No. 4857 are reserved.
Article 12 – Prohibition of Competition
12.1 The Employee will not compete with the Employer within the borders of Turkey during the continuation of the Contract and/or for 3 (three) years after the service contract is terminated by his own will or the will of the Employer, for whatever reason. The non-competition policy will basically cover the following issues;
12.2 The Employee shall not carry out or assist in any way the work of a third natural or legal person that is in direct or indirect competition with the Employer's field of activity.
12.3 The Employee will not work with a third natural or legal person that is in direct or indirect competition with the Employer's field of activity, and will not work with any third person or legal entity such as their worker, agent, representative, broker, consultant, etc. It won't happen.
12.4 The Employee shall not enable another employee of the Employer to assist a third natural or legal person who is directly or indirectly in competition with the field of activity of the Employer, or shall not make such an attempt, and/or shall not attempt to assist a worker of the Employer to obtain employment from a third party. will not provide the opportunity.
12.5 The Employee shall not encourage any employee of the Employer to terminate his/her employment contract.
12.6 The Employee shall not encourage any client of the Employer to terminate and/or reduce their business with the Employer.
12.7 The Employee shall not open a business, participate in a partnership and/or become a shareholder with an Employer that directly or indirectly competes with the Employer's field of activity.
12.8 The Employee accepts, declares and undertakes that if the Employee violates the non-competition clause set out in this article, the Employer will terminate this Agreement immediately without the need for prior notice and will pay the penalty stipulated in Article 14 of the Agreement to the Employer.
Article 13 – Confidentiality
13.1 Any information disclosed to the Employee by the Employer himself, his workers, consultants, auditors, agents or employees, limited to the Copper and Silver products included in the application and the issues related to the manufacturing processes of these products; invention, work, method, progress and patent, financial and legal information, copyright, trade secret, any other information that may or may not be subject to legal protection, and any other information that the Employee may learn in writing or verbally during the business relationship with the Employer. All commercial, financial, technical information, subscription and conversation information are considered "Confidential Information".
13.2 The Employee accepts this Confidential Information disclosed to him/her; It will take all necessary precautions to protect it in strict confidentiality and/or will not disclose it to any third party except in cases and to the extent required by the work specified within the scope of the Agreement, and will not share Confidential Information with third parties in a manner that exceeds this extent. The Employee accepts, declares and undertakes that he/she will be responsible for any problems and damages that may arise if this information falls into the hands of third parties.
13.3 The Employee undertakes that the Confidential Information provided to him/her will be used only in accordance with the purpose of the Agreement and will not be used for any other reason or purpose; He accepts, declares and undertakes that he will not use the Confidential Information for the purpose of competing with the Employer.
13.4 The Employee accepts, declares and undertakes to show the same care in protecting the Employer's Confidential Information as he does in protecting his own Confidential Information. The employee may only disclose this Confidential Information to his/her subordinate employees and other employees who need to know it in cases of necessity and due to his/her job, but he/she warns his/her sub-employees and other employees regarding the confidentiality of the information. The employee accepts and undertakes in advance that they will be jointly and severally liable in case their employees and those who serve under their control in other capacities act contrary to the obligations of this Agreement.
13.5 When the Employee becomes aware that the Employer's Confidential Information has been disclosed in violation of the Agreement by the persons for whom he/she is responsible, or that an unauthorized disclosure of the Confidential Information has occurred, he/she is obliged to notify the Employer immediately and in writing. The Employee is obliged to compensate the Employer for any damages that the Employer may incur due to this, immediately and in full, without the need for any warning or notice. Even if the employee does not make the notification specified in this paragraph, the EMPLOYER has the right to request the penal clause set out in Article 14. The employee has waived his right to request a reduction in the penal clause.
13.6 Any material containing confidential information, together with all originals, copies and attachments, shall be returned to the Employer immediately, without the need for any warning or notification, in case this Agreement between the Parties is terminated for any reason.
13.7 The Employee shall not take out of the Employer offices any documents, computer disks, tapes or other tangible goods containing confidential information or belonging to the Employer, or copy their contents or allow others to copy them, without obtaining the Employer's prior permission and approval. ;
13.8 Upon the Employer's request, the Employee shall delete all confidential information on computer disks, tapes or other reusable materials under his control or possession, and shall destroy all other documents and tangible property under his control or possession that contain or refer to confidential information.
13.9. The provision of this Article 13 will continue to be applied and in force indefinitely, even if the Agreement is terminated for any reason.
Article 14 – KVKK Provisions
14.1. Considering that personal data may be included in the information obtained and/or transferred within the framework of this Agreement, the Employee shall comply with the Personal Data Protection Law No. 6698 (“KVKK”) and the relevant Regulations and the data processing conditions specified in the legal legislation when processing data; will act in accordance with all procedures and principles, will keep this information confidential and will be subject to an indefinite confidentiality obligation, will not use the learned personal data for purposes other than processing only to the extent necessary for the performance of the acts that it is obliged to perform within the scope of this Agreement, and will not share it with third parties in any way, It accepts, declares and undertakes that it will continue to comply with the Agreement even after its termination.
14.2. The Employee accepts, declares and undertakes to act in accordance with the Employer's Personal Data Storage and Destruction Policy and the Policy for the Security of Special Personal Data.
14.3. In order to ensure data security, the Employee shall act in accordance with the information security policies prepared by the Employer and the obligations of KVKK regarding data security, shall prevent unlawful processing and/or access of personal data, shall take all kinds of technical and administrative measures to ensure the preservation of personal data, otherwise It accepts, declares and undertakes that it will be responsible for administrative penalties and legal disputes that may arise in this situation. The parties are obliged to provide each other with all kinds of information and documents requested in this context, in a timely and accurate manner.
14.4. The Employee accepts, declares and undertakes that he/she may terminate this Agreement for justified reasons if the Employee fails to perform the tasks for which he/she is responsible within the scope of KVKK or the tasks that must be done regarding the protection of personal data and/or processing of personal data notified by the Employer, or if the Employer suffers any damage due to his/her failure to do so. It does.
14.5. The Employee accepts, declares and undertakes that in case of any data breach, he/she will notify the data controller Employer in writing within 24 (twenty-four) hours.
14.6. The Employee accepts, declares and undertakes that in the event that the Employee violates his/her obligations or responsibilities regarding personal data and/or confidentiality, he/she will immediately, in cash and lump sum, cover all direct or indirect damages that the Employer may incur, without seeking a final court decision.
14.7. The Employee accepts that, at the discretion of the Employer, instead of the sanction of termination of this Agreement, or if this violation is not severe enough to require this sanction, the less severe sanctions of wage deduction, warning or reprimand may be imposed on him/her, but this provision does not constitute an obligation for the Employer. declares and undertakes.
14.8. If this Agreement ends or the service is terminated for any reason or if there is no valid reason for processing the data, the Employee accepts, declares and undertakes to destroy the personal data in question immediately. This commitment is also obtained through the Employee from third parties involved in the performance of the work, without the need for the Employer's request. This commitment is valid indefinitely after the end of the Agreement.
14.9. The provision of this article 14 will continue to be applied and in force indefinitely even if the Agreement is terminated for any reason.
Article 15 – Penal Clause
14.1 The Employee; If it is determined that the employee has violated the provisions of the articles of non-competition, confidentiality and Protection of Personal Data, the Employee will pay 200,000.00 TL to the Employer. Accepts, declares and undertakes to pay a penalty in the amount of (Two Hundred Thousand Turkish Liras). This amount will be deposited by the Employee within 3 (three) days at the latest, to the account number to be notified by the EMPLOYER, without the need for any written notice.
14.2 With the execution of the contract, the Employer; The employee may demand a combination of the penalty, all damages suffered and the profit he/she has been deprived of.
14.3 The employee has waived his right to request a reduction in the penal clause.
Article 16 – Notification
15.1 The Parties accept, declare and acknowledge that the addresses specified in this Agreement are valid notification addresses in accordance with the provisions of the Notification Law No. 7201, unless they notify their address changes in writing, and that the addresses shown above will be used for all correspondence, notification and delivery related to this Agreement.
15.2 Address change will be notified to the other Party in writing within 7 (seven) days. In cases where it is not notified or if it is notified but is not properly received by the other Party or is not proven to be provided; Notifications made to the above addresses or, if changed, to the addresses notified before the change, will be deemed to have been made to the address of the relevant party and to the Parties themselves.
Article 17 – Dispute and Jurisdiction
Istanbul Anatolian Courts and Enforcement Offices have jurisdiction in disputes arising from the implementation of this Agreement.
Article 18 – Enforcement
This Agreement, consisting of 18 (eighteen) articles and 8 (seven) pages, was drawn up in 2 (two) copies in Istanbul on…./…./….., and was read, signed and exchanged by the parties.
