The Turkish Labor Law has given the employer the right to terminate the employee’s employment contract with just cause in certain circumstances. One of these situations is the detention or detention of the worker, and therefore the period in which the worker does not continue to work exceeds a certain limit.
Conviction, detention and detention are different concepts. If the employee has a finalized prison sentence, the employment contract may be terminated for a coercive reason without waiting for the notification period, if it continues for more than one week.
In an exemplary decision, the Turkish Court of Cassation has stated that “The employee’s entry into prison due to his conviction and lasting more than one week constitutes a compelling reason for termination.”
(The 9th HDP of the Supreme Court. 24.10.2017 day, 2015/14684 M, 2017/16522 K.)
In cases of detention and detention, the employee must wait until the notice period, but the employment contract can be terminated at the end of the notice period.
In an exemplary decision of the Turkish Court of Cassation, “The employer’s right to terminate, in the arrest or detention of an employee for a crime outside the workplace, emerges at the end of the notification periods specified in Article 17.” he said.
(Court of Appeals 22.HD. 25.04.2018 day, 2018/4756 M, 2018/9698 K.)
