Cancellation of the Employment Contract with Justified Reason in Turkey

June 6, 2022by Bünyamin Esen0

The provisions regarding the termination of the employment contract in Turkey are being regulated in the Labor Code No. 4857, which is the fundamental labour law in Turkey. As a specific case the employer can terminate the employment contract with “justified causes”.

Accordingly, the employer may terminate the employment contract before the expiry of the period or without waiting for the notification period in the following cases, regardless of whether the term is fixed:

I- Health reasons:

a) In the event that the worker catches an illness or becomes disabled due to his own intention, untidy life or addiction to alcohol, the absence of the employee that will arise due to this reason lasts for more than three working days in a row or more than five working days in a month.
b) In the event that the Health Board determines that the disease the worker is suffering from is incurable and that there is a health risk for him/her to keep on working at the workplace.
The employee’s right to terminate the employment contract without notification for the employer in cases such as illness, accident, birth and pregnancy; arises after the stated cases exceed the notification periods specified in Article 17 of the Labour Code, according to the working period of the worker at the workplace, six weeks.

In cases of birth and pregnancy, this period starts at the end of the period specified in the Article 74 of the Labour Code no. 4857. However, there is no wage is to be paid for the periods when the worker cannot go to work due to the suspension of the employment contract.


II- Situations that do not comply with the rules of morality and goodwill and the like:

a) At the time of conclusion of the employment contract, the employee misleads the employer by claiming that he/she does not have the qualifications or conditions required for one of the essential points of this contract, but by saying that he/she has them, or by saying untrue information or statements.
b) The employee’s words or actions that would harm the honor and social respect of the employer or one of their family members, or making false reports and accusations about the employer that offends the honor and dignity of the employer.
c) If the employee sexually harasses another employee of the employer.
d) The employee’s bullying the employer or one of his family members or another employee of the employer, coming to the workplace drunk or taking drugs, or using these substances in the workplace
e) The employee’s behavior that does not comply with accuracy and loyalty, such as abusing the employer’s trust, stealing, revealing the employer’s professional secrets.
f) If the worker commits a crime at the workplace, which is punishable by imprisonment for more than seven days and the penalty is not postponed.
g) If the worker does not continue to work for two consecutive working days, or twice in a month, the working day after any holiday, or for three working days in a month, without taking permission from the employer or without a just cause.
h) The worker’s insistence on not performing the duties he/she is responsible for, despite being reminded of it.
ı) The worker’s own will or negligence endangering the safety of the work, causing damage and loss to the machines, installations or other goods and materials that are the property of the workplace or that are not the property of the workplace, or that they cannot pay the amount of their thirty-day wage.

III- Forceful reasons:

The emergence of a compelling reason preventing the worker from working at the workplace for more than one week.

IV- In case the worker is detained or arrested, the absence exceeds the notification period specified in the Article 17 of the Labour Code No. 4857.

The worker may apply to the judiciary within the framework of the mentioned provisios with the claim that the termination is not in accordance with the reasons set forth in the above paragraphs.

Bünyamin Esen

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