Termination Of The Employment Contract By The Employer For Just Cause
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Article 25 of the Labor Law No. 4857 regulates the right of the employer to terminate immediately for just cause. This provision is explained in detail below. Pursuant to the aforementioned provision, the employer may terminate a fixed or indefinite-term employment contract immediately for just cause.
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Health Reasons (İK. 25/I) |
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In the event that the worker becomes ill or disabled due to his/her own willfulness or disorderly living or indulgence in alcohol, the absence due to this reason lasts more than three consecutive working days or more than five working days in a month. In the event that it is determined by the Health Committee that the disease that the worker is suffering from is incurable and that it is inconvenient for him/her to work at the workplace, Except for the reasons listed in subparagraph (a), the right to terminate the employment contract without notice for the employer in cases such as illness, accident, childbirth, and pregnancy arises after the aforementioned cases exceed the notification periods in Article 17 by six weeks according to the duration of the employee's employment at the workplace. Rest period in this case; - 8 weeks for the employee whose seniority in the workplace is less than 6 months, (2+6) - 10 weeks for workers with 6 months - 1.5 years of seniority, (4+6) - 12 weeks for workers with 1.5 years - 3 years of seniority, (6+6) - For workers with 3 or more years of seniority, the right to termination arises if the duration exceeds 14 weeks (8+6). In this case, severance pay shall be made. Notice pay will not be made. |
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Immoral, Dishonorable or Malicious Conduct or Other Similar Behavior (Art. 25/II) |
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The employee misleading the employer by claiming that he has the qualifications or conditions required for one of the essential points of this contract when he does not have them at the time of the conclusion of the employment contract, or by giving information or words that are not in accordance with the truth. The employee utters words or behaves in a manner that may affect the honor and dignity of the employer or one of their family members, or makes unfounded reports and allegations about the employer that are offensive to honor and dignity. The employee sexually harasses another employee of the employer. If the employee taunts the employer or one of his/her family members or another employee of the employer, or if the employee comes to the workplace drunk or high on drugs, or if the employee uses these substances at the workplace. The employee engages in behaviors that are incompatible with integrity and loyalty, such as abusing the employer's trust, stealing, and revealing the employer's professional secrets. The employee commits an offense at the workplace that is punishable by imprisonment for more than seven days and for which the penalty is not postponed, The worker's absence from work for two consecutive working days or twice in a month on the working day following any holiday, or three working days in a month, without permission from the employer or without a justifiable reason. The worker insists on not performing the duties that he/she is obliged to perform even though he/she is reminded of them. The worker endangers the safety of the work due to his own will or negligence, damages or loses the machines, installations, or other goods and materials which are the property of the workplace or which are not the property of the workplace but which are in his possession, to such an extent that he cannot pay the amount of his thirty days' wage. In the presence of these situations, severance and notice pay will not be made. |
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Compelling Causes (Labour Law Article 25/III) |
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The emergence of a compelling reason that prevents the employee from working at the workplace for more than one week. In this case, severance pay shall be made. Notice pay will not be made. |
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Detention and Imprisonment (Labour Law Article 25/IV) |
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In the event that the employee is detained or arrested, the absence exceeds the notification period in Article 17.
In this case, severance pay shall be made. Notice pay will not be made. |
The authority to terminate the contract, which is granted to the employee and the employer based on situations that do not comply with the rules of morality and good faith, cannot be used after 6 (six) working days starting from the day the other party learns that one of the two parties has engaged in such behavior and in any case after one year from the occurrence of the act. However, in the event that the employee benefits financially from the incident, the one-year period shall not apply. The grace period consisting of six (6) working days shall start the day after the day on which the incident causing the termination of the employment contract is learned. In determining these six days, New Year and Sunday holidays, which are not counted as working days, are not included in the calculation of the number of days. While calculating the days in the six (6) working day period, the intervening days that are not accepted as working days (if Saturday is a day that is not customarily worked in that workplace, Saturday is also deducted from the six-day working day period), national holidays and general holidays are not taken into account.
If the employer is a legal entity, the six (6) day period starts from the day the authority authorized to terminate the employment learns about the incident. The day the incident is transferred to the person or board authorized for termination constitutes the beginning of the six-day period. In any case, the one-year period starts from the day the event occurs.
In the event that the just cause of termination is continuous, the period of limitation shall not run.
Pursuant to Article 19 of Law No. 4857, "The employer is obliged to give the notice of termination in writing and to state the reason for termination in a clear and precise manner. An employee's indefinite-term employment contract cannot be terminated for reasons related to that employee's behavior or productivity without taking his defense against the allegations against him. However, the employer reserves the right to terminate in accordance with the conditions of subparagraph (II) of Article 25." In this case, we state that there is no obligation to obtain a defense in the termination for just cause "based on situations that do not comply with the rules of morality and good faith". However, in cases related to the efficiency and behavior of the employee and regulated in other subparagraphs, a defense is required.
At this point, it is useful to explain the procedure for obtaining a defense. The request for defense must coincide with the reason for termination, must be requested at the appropriate time and place, and a reasonable time must be allowed to respond to the defense. Although there is no legal regulation on how the defense will be requested, it will be appropriate to request it in writing, since the burden of proof in a possible lawsuit that the employee was asked for a defense, did not provide it, or refrained from providing it belongs to the employer. The employee is free to respond to the defense request or not. However, the employee's signature should be obtained regarding the notification of the letter requesting his/her defense, and if he/she refuses to receive the notification, this issue should also be recorded in the minutes ("Minutes of Refusal").
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