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Termination of Employment Contract Due To Just Cause

Termination of Employment Contract Due To Just Cause

TERMINATION OF EMPLOYMENT CONTRACT DUE TO JUST CAUSE

In business life, there are a number of negativities and difficulties that make it impossible for both employees and employers to work together. The Labor Law No. 22/92 aims to protect both employee and employer rights. In this article, we aim to describe how, when and under what conditions an employment contract should be terminated without any dispute. Both the employee and employer are normally entitled to a minimum period of notice on termination of employment. The right of a party to terminate the contract is exercised by notice to the other party. Termination for just cause or termination for a valid reason means that one party cannot maintain a business relationship within the framework of the rules of honesty and terminates the contract of employment. However, in such a case, the other party must be informed in writing before the termination. In the event of not notifying in writing, the termination shall not be deemed to be duly made.

However, it should be noted that employment contracts are not deemed to be terminated immediately upon written notification. Employment contracts are deemed to terminate;

(a) for an employee whose term of service has lasted a maximum of six months, one week after the notification has been made to the other party,

(b) for the employee whose service period lasted from six months to one year, three weeks after the notification has been made to the other party,

(c) for the employee whose service period lasted from one year to two years, four weeks after the notification has been made to the other party,

(ç) for the employee whose service period lasted from two to five years, five weeks after the notification has been made to the other party,

(d) for the employee whose service period has lasted more than five years, six weeks after the notification has been made to the other party.

To give an example, an employee who is planning to get married, should clearly explain his/her situation to his/her employer. However, this notice does not mean that the employee is permitted to terminate his employment contract the next day. If the employee has worked for 3 years in the

workplace, he is expected to give 5 weeks notice. In the case he intends to leave immediately, he will be under legal obligation to pay his 5-week salary to his employer. The same conditions of notice apply to the employer. In most cases employees should be paid their normal pay during the notice period. If these advanced notices are not respected, the party that does not comply with this condition will have to pay compensation for the duration of this period.

However, there are conditions specified under the Labor Law which enable immediate termination of the employment period. This is called dismissal without notice. The employer is under no obligation to give notice to an employee in cases where the behavior of the employee is such, that the immediate termination of employment is justified (Article 15), i.e. commitment of serious misconduct by the employee during the exercise of his duties. On the other hand, if it is the employee who wishes to terminate his employment, then he too must give his employer a minimum period of notice that depends on the duration of the employment.

IF THE TERMINATION NOTICES ARE NOT PREPARED ACCORDING TO THE PROCEDURE, WHAT WILL BE THE LEGAL STATUS?

In the event that the employment contract is terminated with an invalid notification or unfairly without notice, the termination procedure shall apply and notified termination provisions shall apply to the unfair termination procedure without notice. Therefore, the right to material and moral compensation arises.

If, for example, an employee is suspended from employment by an invalid notice, the amount of notice payable in accordance with Article 12 of the Labor Law must be paid to the employee as compensation. In addition, Article 13 (1) gives the right to claim compensation for pecuniary and non-pecuniary damage.

The above mentioned description provides only a general outline of the Termination of Employment Law and is by no means an exhaustive description of the rights and duties emanating from the relevant law. Specialist advice should be sought on your specific circumstances

Attr. Ayşe Seyitoğlu
  • Attr. Ayşe Seyitoğlu
  • January 2019