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The Termination of the Employment

The Termination of the Employment

In accordance with Article 15 of the Labor Law, the termination of the service contract by the employer must be made in writing. That is, when the worker receives the notification, he must be able to understand for what reason his employment has been terminated.

Otherwise, the worker may ask the competent Court to decide on the invalidity of termination, in accordance with Article 13 of the Labor Act No. 22/92, by noting why it was not indicated in the notice of termination or the reason given was insufficient or the termination was done for illegal or unjustified reasons or notice periods were not attended in the termination of the agreement. If the request is not made within seventy-five days from the date of the notification of the termination, the right of application will diminish. The conditions stated in the law are validity conditions for termination of the employment contract. It should be examined if the termination of the contract is made in accordance with the conditions before entering into a labour case. If the termination has been made without reviewing these conditions, it will be necessary to decide in favor of the worker without the need to examine whether the cause of termination is valid.

To sum up, the procedural details of Article 13 of the Labor Law in the context of job security is the validity condition of the employment termination. If the employer is to terminate an indefinite term employment contract for a valid reason, first of all, the employee must be given a clear and unambiguous written notice of termination, including the reason for the termination of employment. Otherwise, as a consequence of a filed lawsuit, both compensation and unpaid wages and other rights will have to be paid to the employer.

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