1-IN GENERAL
The employer’s right to terminate immediately for just cause is regulated in Article 25 of the Labor Law No. 4857 GENERAL
The employer’s right to terminate immediately for just cause is regulated in Article 25 of the Labor Law No. 4857 THIN GENERAL
The employer’s right to terminate immediately for just cause is regulated in Article 25 of the Labor Law No. 4857 The relevant article regulates the reasons that give rise to the employer’s right to immediate termination under different headings. These are organized under four main headings: (1) health reasons, (2) violations of moral and goodwill rules and similar situations, (3) force majeure reasons and (4) absence of the worker exceeding a certain period of time in case of detention or arrest.
The fact that the employment contract signed with the worker is of a fixed or indefinite term is not important when the employer exercises his right to terminate immediately for just cause.
Article 18 of the same Law regulates the employer’s right to terminate for valid reason The fact that the employment contract signed with the worker is of a fixed or indefinite term is not important when the employer exercises his right to terminate immediately for just cause.
Article 18 of The fact that the employment contract signed with the worker is of a fixed or indefinite term is not important when the employer exercises his right to terminate immediately for just cause.
Article 18 of the same Law regulates the employer’s right to terminate for valid reason. These cases of termination are regulated under two main headings in the law; (1) valid reasons arising from the competence or behavior of the employee and (2) requirements of the enterprise, workplace or job.
2-RIGHT TO TERMINATE FOR VALID REASON
As stated above, the right to terminate for just cause, regulated in Article 18 of the Labor Law, is grouped under two main headings.
Reasons arising from the worker’s incompetence or behavior:
We can divide the worker’s incompetence into two: the worker’s physical incompetence and the worker’s professional incompetence. The worker’s illness, old age and retirement are considerede can divide the worker’s incompetence into two: the worker’s physical incompetence and the worker’s professional incompetence. The worker’s illness, old age and retirement are considered physical incompetence situations. The professional inadequacy of the employee is the employee’s lack of quick decision-making and initiative-taking issues. The Supreme Court of Cassation has sought the continuity of this situation related to professional incompetence, the employee’s poor performance compared to other workers who do the same job as him.
According to Article 19/2 of the Labor Law, it is absolutely necessary to obtain a written defense of the employee before the termination of the employment contract for reasons arising from his competence or behavior. Termination of the employment contract without receiving the written defense of the employee will not be considered termination for a valid reason.cording to Article 19/2 of the Labor Law, it is absolutely necessary to obtain a written defense of the employee before the termination of the employment contract for reasons arising from his competence or behavior. Termination of the employment contract without receiving the written defense of the employee will not be considered termination for a valid reason.
Valid reasons arising from the requirements of the enterprise, workplace and work:
In each termination related to this valid reason, it is decided whether the reason is valid by taking into account the concrete event. However, there are basic criteria accepted by the Supreme Court in general practice.n each termination related to this valid reason, it is decided whether the reason is valid by taking into account the concrete event. However, there are basic criteria accepted by the In each termination related to this valid reason, it is decided whether the reason is valid by taking into account the concrete event. However, there are basic criteria accepted by the Supreme Court in general practice. When the employee’s employment contract is terminated for reasons arising from the requirements of the enterprise, workplace and work, termination should be applied as a “last resort”.
If it is possible for the employee to be employed in another job in the same workplace or to be employed in another workplace belonging to the enterprise while it is possible not to be employed and termination of his contract, termination with valid reasons is not accepted.
In the termination of the employee’s employment contract based on the valid reason in question, all remedies should be tried by the employer, and if the tried remedies do not give a result, the termination of the employee’s employment contract should be taken as a last resort.In the termination of the employee’s employment contract based on the valid reason in question, all remedies should be tried by the employer, n the termination of the employee’s employment contract based on the valid reason in question, all remedies should be tried by the employer, and if the tried remedies do not give a result, the termination of the employee’s employment contract should be taken as a last resort.
3-DIFFERENCE BETWEEN TERMINATION FOR JUST CAUSE AND TERMINATION FOR VALID CAUSE
In termination for valid cause, Article 25 of the Labor Law The behaviors specified in the article and which are not in the nature of the reasons that give the right of immediate termination, but which are contrary to the employee’s employment contract, are brought to the agenda.
The employer’s right to immediate termination can be applied to all workers covered by the Labor Law, but the right to termination for just cause can only be applied to workers covered by Employment Security.he employer’s right to immediate termination can be applied to all workers covered by the Labor Law, but the right to termination for just cause can only be applied to workers covered by Employment Security. in workplaces employing 30 or more workers, employees who have completed at least 6 months of seniority and are not employer attorneys are considered within the scope of job security provisions.
In cases of termination for valid reasons, the worker is doing his job but doing it incompletely, poorly or incompetently. The behaviors that provide the basis for the valid reason should not constitute a situation as severe as the justified reason conditions regulated in Article 25 of the Labor Law cases of termination for valid reasons, the worker is doing his job but doing it incompletely, poorly or incompetently. The behaviors that provide the basis for the valid reason should not constitute a situation as severe as the justified reason conditions regulated in Article 25 of the Labor Law. The common point between termination for valid reasons caused by the employee’s behavior and termination for justified reasons is that they are based on Deceptions. The difference arises in the degree of weight of the defect.
For a justified reason, the termination requires the presence of a reason that damages the relationship from the employer’s point of view to the extent that the continuation of the employment contract cannot be expected. If termination is for a valid reason, it is necessary that there is a reason that does not weigh the justified reason, but makes the continuation of the employment contract impossible.
When one of the reasons for termination for just cause comes into play, the employer will have the right to terminate the employment contract immediately and will not be obliged to pay severance compensation to the employee. When one of the reasons for termination for just cause comes into play, the employer will have the right to terminate the employment contract immediately and will not be obliged to pay severance compensation to the employee. Pay payable Only in cases of termination for a valid reason, the employment contract may be termina When one of the reasons for termination for just cause comes into play, the employer will have the right to terminate the employment contract immediately and will not be obliged to pay severance compensation to the employee. Pay payable Only in cases of termination for a valid reason, the employment contract may be terminated under certain conditions specified in the law, the employee will be granted the termination periods specified in the law, or notice compensation will be paid, and the employee’s well-deserved severance pay will be paid to him.
4-PERIOD OF USE OF THE RIGHT OF TERMINATION
In the dismissals to be carried out by the employer within the scope of Article 25/ II of the Labor Law, the period of exercising the right of immediate termination is limited to 6 working days.he dismissals to be carried out by the employer within the scope of Article 25/ II of the Labor Law, the period of exercising the right of immediate termination is limited to 6 working days.
The employer’s authority to terminate the contract based on violations of moral and good faith rules cannot be exercised after 6 working days have passed from the day he learns that the employee has engaged in such behavior, and in any case, one year after the act occurred. However, if the employee gains material benefit from the incident, the one-year period does not apply.
Even though the employer has the right to terminate the employee without compensation for just cause, if the period specified in the law has been missed, the employer will no longer be able to terminate the employee without compensation for just cause, but will be able to terminate the employee with compensation for valid cause.en though the employer has the right to terminate the employee without compensation for just cause, if the period specified in the law has been missed, the employer will no longer be able to terminate Even though the employer has the right to terminate the employee without compensation for just cause, if the period specified in the law has been missed, the employer will no longer be able to terminate the employee without compensation for just cause, but will be able to terminate the employee with compensation for valid cause. For a valid reason, after the employer learns the reason for termination of the employee’s employment contract, the employer will need to exercise the right of termination within a “reasonable period”.
We would like to point out that no determination regarding reasonable time has been made in the law and the criterion of reasonable time is examined separately by the Supreme Court according to each concrete event.
FINALLY;
Both termination for just cause and termination for valid cause, whose differences are explained above, are situations that allow the employer to terminate the employment contract signed with the employee. FINALLY;
Both termination for just cause and termination for valid cause, whose differences are explained above, are situations that allow the employer to terminate the employment contract signed with the employee. Termination based on valid reason does not ioth termination for just cause and termination for valid cause, whose differences are explained above, are situations that allow the employer to terminate the employment contract
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