The birth of valid reasons for the employer to dismiss the employee and not pay compensation does not automatically terminate the employment contract.irth of valid reasons for the employer to dismiss the employee and not pay compensation does not automatically terminate the employment contract. The employer’s termination of the employment contract of the employee (termination of the employment contract for jushe birth of valid reasons for the employer to dismiss the employee and not pay compensation does not automatically terminate the employment contract. The employer’s termination of the employment contract of the employee (termination of the employment contract for just cause) terminates the contract with a unilateral declaration of will. The party in whose favor this right arises (the employee or the employer) must exercise this right. The party wishing to exercise this right must make the notification of termination in writing and clearly state the reason for termination.
The reasons for dismissing an employee without compensation (termination with just cause) regulated by the law are as follows;
DISMISSING THE EMPLOYEE WITHOUT COMPENSATION DUE TO HEALTH REASONS
The worker’s illness or disability due to his own faulty action is regulated under the heading of health reasons.ISMISSING THE EMPLOYEE WITHOUT COMPENSATION DUE TO HEALTH REASONS
The worker’s illness or disability due to his own faulty action is regulated under the heading of health reasons. Accordingly, if the employee suffers from an illness or disability that will arise from his caste or uncluttered life or from a fondness for drinking, the eISMISSING THE EMPLOYEE WITHOUT COMPENSATION DUE TO HEALTH REASONS
The worker’s illness or disability due to his own faulty action is regulated under the heading of health reasons. Accordingly, if the employee suffers from an illness or disability that will arise from his caste or uncluttered life or from a fondness for drinking, the employment contract may be terminated by the employer if the absence that will arise for this reason lasts for more than 3 consecutive working days or 5 working days in a month. Dec. Indulging in nightlife can be an example of not being tidy.
The employee’s illness, which cannot be cured, is for health reasons. The proof that the incurable disease that the employee is suffering from causes an inconvenience in working at the workplace is made by the Health Board. In this case, the employee will not be excused.
Illness, accident, childbirth or pregnancy without the worker’s fault is the last health reason.llness, accident, childbirth or pregnancy without the worker’s fault is the last health reason. If the employee is perfectly healthy but suffers from an illness or accident, or experiences pregnancy or childbirth, the employer’s right to terminate arises after these situations exceed the notification periodllness, accident, childbirth or pregnancy without the worker’s fault is the last health reason. If the employee Illness, accident, childbirth or pregnancy without the worker’s is the last health reason. If the employee is perfectly healthy but suffers from an illness or accident, or experiences pregnancy or childbirth, the employer’s right to terminate arises after these situations exceed the notification periods specified in HR 17 by 6 weeks, depending on the employee’s length of service at the workplace. In case of birth and pregnancy, this period starts from the expiration of the 16-week periods prescribed by law.
DISMISSING AN EMPLOYEE WITHOUT COMPENSATION DUE TO VIOLATION OF MORAL AND GOOD FAITH RULES
Fraudulent behavior on the part of the employee constitutes a violation of moral and good faith rules. If the employee claims to have qualifications that he did not have at the time the employment contract was established, or misleads the employer by giving false information, this constitutes a just cause for terminationraudulent behavior on the part of the employee constitutes a violation of moral and good faith rules. If the employee claims to have qualifications that he did not have at the time the employment contract was established, or misleads the employer by giving false information, this constitutes a just cause for termination for the employer. This deception should be made on the essential points of the contract. Cheating should be done for the purpose of establishing a contract.
Words and actions of the employee that damage the honor and dignity of the employer are among the behaviors that do not comply with moral rules.ords and actions of the employee that damage the honor and dignity of the employer are among the behaviors that do not comply with moral rules. If the employee says words or acts that will touch the honor and honor of one of the employer’s family members besides the employer, or makes unfounded denunciations and accusations that are offensive to the honor and dignity of the employer, it is a reason for termination with just cause.
The fact that an employee sexually harasses another employee is a justified reason for termination due to non-compliance with the code of ethics. The harassment in question does not necessarily have to be carried out at work. Even if it takes place outside the workplace in terms of shaking up the order, it is a justified reason for termination.
The worker’s harassment of the employer or his alcohol addiction are also reasons for termination due to violation of moral and good faith rules. If the worker harasses the employer or one of his family members or another worker, the employer can terminate the employment contract withoutarassment of the employer or his alcohol addiction are also reasons for termination due to violation of moral and good faith rules. If the worker harasses the employer or one of his family members or another he worker’s harassment of the employer or his alcohol addiction are also reasons for termination due to violation of moral and good faith rules. If the worker harasses the employer or one of his family members or another worker, the employer can terminate the employment contract without notice. There are no TCK requirements for harassment. The harassment must be carried out by the worker himself. Harassment by the worker’s family does not constitute a reason for termination for just cause. For example, swearing is harassment. In addition, if the employee comes to the workplace drunk or taking drugs, or uses these substances at work, it is a justified reason for termination.
The worker’s behavior that does not comply with honesty and loyalty is also a reason for termination for just cause. Accordingly, the worker must engage in behavior that does not comply with honesty and loyalty, such as abusing the employer’s trust, stealing, or revealing the employer’s trade secretsker’s behavior that does not comply with honesty and loyalty is also a reason for termination for just cause. Accordingly, the worker must engage in behavior that does not comply with honesty and loyalty, as abusing the employer’s trust, stealing, or revealing the employer’s trade secrets. It is one of the situations that do not comply with the rules of morality and good faith. These situations are not specified in a limited number, but an example is given. For example, a guard worker sleeping on duty is not compatible with honesty. In these cases, there is often a violation of the fidelity obligation.
The fact that the employee commits a crime at work is also incompatible with the rules of morality and goodwill. For this reason, for a just termination, the employee must commit a crime at work that is punishable by imprisonment for more than 7 days and the punishment of which is not postponed.he fact that the employee commits a crime at work is also incompatible with the rules of morality and goodwill. For this reason, for a just termination, the employee must commit a crime at work that is punishable by imprisonment for more than 7 days and the punishment of which is not postponed. The employee must necessarily commit this crime at the workplace where he performs the act of working. If the penalty imposed for the crime is a judicial fine, this provision shall not be applied.
Absenteeism by the worker is also incompatible with the rules of morality and good faith.is also incompatible with the rules of morality and good faith. If the employee does not continue to work for 2 consecutive working days without taking leave from the employer or without a valid reason, or for 2 working days after any holiday day within a month,bsenteeism by the worker is also incompatible with the rules of morality and good faith. If the employee does not continue to work for 2 consecutive working days without taking leave from the employer or without a valid reason, or for 2 working days after any holiday day within a month, or for 3 working days in a month, it is a valid reason for termination for the employer. The aim is the stability of the working order, the continuous execution of the work. If the worker’s child did not come for reasons such as getting sick, testifying, the existence of the worker’s justified reason is mentioned. When the employee is based on a justified reason, he must also report the situation to the employer. However, if the worker cannot be expected to give notice in accordance with the rule of honesty, failure to give notice cannot be considered a reason for termination for just cause on the part of the employer.
Failure of the worker to perform his/her work also constitutes a violation of the rules of morality and good faithowever, if the worker cannot be expected to give notice in accordance with the rule of honesty, failure to give notice cannot be considered a reason for termination for just cause on the part of the employer.
Failure of the worker to perform his/her work also constitutes a violation of the rules of morality and good faith. If an employee insists on not doing the tasks he is assigned to do, even though he is reminded of them, it is a reason for termination for the employer for a just reason. The employer proves that the employee has been reminded of his duty. That is why it is useful to make the reminder in writing.
It is also against the rules of good faith for the worker to endanger the safety of the workplace and cause harm to the employer.t is also against the rules of good faith for the worker to endanger the safety of the workplace and cause harm to the employer. The situation that the employee endangers the safety of the job due to his own will or neglect of work, damages and losses machines, installations or other items and items that are owned or not owned by the workplace, but are available to him, to the extent that he cannott is also against the rules of good faith for the worker to endanger the safety of the workplace and cause harm to the employer. The situation that the employee endangers the safety of the job due to his own will or neglect of work, damages and losses machines, installations or other items and items that are owned or not owned by the workplace, but are available to him, to the extent that he cannot pay for the thirty-day amount of his salary, is regulated as the reason for the employer’s justified termination without notice. It is contrary to the duty of care. The defective behavior of the employee must be found, but it is not necessarily necessary that harm occurs due to this behavior.
The emergence of a compelling reason that prevents the employee from working at work for more than a week is another reason.he defective behavior of the employee must be found, but it is not necessarily necessary that harm occurs due to this behavior.
The emergence of a compelling reason that prevents the employee from working at work for more than a week is another reason. In case this reason arises, the employee is paid half a wage for each day during the 1-week waiting period. At the end of this waiting period, the employer is free to terminate the contract without notice. If the employer does not terminate the employment contract at the end of the period, the employment contract remains suspended.
IF THE ABSENCE EXCEEDS THE NOTIFICATION PERIOD IN HR 17 DUE TO THE WORKER BEING DETAINED OR ARRESTED, IT IS A JUSTIFIED REASON FOR TERMINATION FOR THE EMPLOYER.F THE ABSENCE EXCEEDS THE NOTIFICATION PERIOD IN HR 17 DUE TO THE WORKER BEING DETAINED OR ARRESTED, IT IS A JUSTIFIED REASON FOR TERMINATION FOR THE EMPLOYER. THESE NOTIF THE ABSENCE EXCEEDS THE NOTIFICATION PERIOD IN HR 17 DUE TO THE WORKER BEING DETAINED OR ARRESTED, IT IS A JUSTIFIED REASON FOR TERMINATIONIF THE ABSENCE EXCEEDS THE NOTIFICATION PERIOD IN HR 17 DUE TO THE WORKER BEING DETAINED OR ARRESTED, IT IS A JUSTIFIED REASON FOR TERMINATION FOR THE EMPLOYER. THESE NOTIFICATION PERIODS ARE;
a) 2 weeks for workers with seniority between 0-6 months,
b) 4 weeks for workers with seniority between 6 months and 1 and a half years,
c) 6 weeks for workers whose seniority is 1 and a half years- 3 years,
d)For workers whose seniority is more than 3 years, it is 8 weeks.
These periods will not be applied in case of immediate (noticeable) termination by the employer for just cause mentioned above.
HOW CAN AN EMPLOYEE BE TERMINATED WITHOUT COMPENSATION?
The employer who wants to terminate the employment contract for the reasons we mentioned above must make a termination declaration. The Supreme Court of Appeals is of the opinion that this declaration must be in writingmployer who wants to terminate the employment contract for the reasons we mentioned above must make a termination declaration. The Supreme Court of Appeals is of the opinion that this declaration must be in writing. The reason for termination must be stated in the declaration. The employer who wants to terminate based on actions that do he employer who wants to terminate the employment contract for the reasons we mentioned above must
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