In Article 24 of our Labor Law No. 4857, it is regulated that the employee terminates the employment contract in the presence of justified reasons, regardless of whether it is for a definite or indefinite period. In this article, in line with the relevant article, we will talk about the termination of the employment contract of the worker within the border of just cause regardless of the notice period.
The relevant article is grouped under 3 headings; health reasons, situations that do not comply with the rules of morality and goodwill and the like, compelling reasons.
Health Reasons;
- If the performance of the work, which is the subject of the employment contract, is dangerous for the health or life of the worker for a reason arising from the nature of the work,
- If the employer or another worker with whom the worker has a close and direct contact on a regular basis falls ill with a contagious or incompatible disease with the worker’s work,
In order for the employment contract to be terminated immediately due to subparagraph (a), the danger in question must arise from the nature of the work. In addition, the presence of the infectious disease mentioned in subparagraph (b) alone is not sufficient, the infectious disease must be a serious danger to the health of the worker.
Situations and similar situations that do not comply with the rules of morality and goodwill;
- If the employer misleads the worker by showing false qualifications or conditions, or by giving false information or saying words about one of the essential points of this contract, at the time of the employment contract,
- If the employer speaks or acts in a way that harms the honor and dignity of the employee or one of his family members, or sexually harasses the employee,
- If the employer taunts or intimidates the worker or one of his family members, or encourages, incites or drags the worker or one of his family members to act against the law, or commits a crime that requires imprisonment against the worker or one of his family members, or commits an unfounded heavy accusation against the worker or one of his family members. or makes accusations,
- If the worker is sexually harassed in the workplace by another worker or third party and the necessary precautions are not taken despite informing the employer of this situation,
- If the wage of the worker is not calculated or paid by the employer in accordance with the provisions of the law or the terms of the contract,
- In cases where it is decided to pay the wage per piece or on the amount of work, and the employer gives the worker less work than he can do, if the wage difference is paid on a time basis and the worker’s underpaid wage is not met or working conditions are not applied.
According to Article 26 of the Labor Law, the right to terminate the employment contract immediately due to situations that do not comply with the rules of morality and goodwill cannot be exercised after 6 working days have passed from the day the worker learned of such behavior and in any case 1 year from the realization of the act! Any termination made after these deadlines are considered unjustified termination.
Compelling Reasons;
If compelling reasons arise in the workplace where the works stops for more than one week, the worker has the right to terminate immediately for just cause. In this one-week period, which must be waited in accordance with Article 40 of the Labor Law, the employer has to pay the worker half wage for each day. In addition, as long as the compelling reason continues, the worker has the right to terminate.
According to Article 17 of the Labor Law, the party who terminates the employment contract unilaterally must pay the employee’s wages of at least 2 and at most 8 weeks, a notice indemnity determined according to his/her seniority. As it can be understood from the text of the article, there is no distinction between just cause or the other. For this reason, even if the worker terminates the employment contract for just cause, he cannot be entitled to notice compensation!
In terms of severance pay; First of all, in order to be entitled to severance pay, the employee must work at the same workplace and with the same employer for at least 1 year. As a rule, an employee who leaves the job voluntarily is not entitled to severance pay. However, if the worker terminates the employment contract immediately for the above-mentioned justified reasons and the working period is 1 year or more, then he will be entitled to severance pay.
Employees who terminate the employment contract for just cause, apply to İŞKUR within the period of time, register that they are ready to take a job, if their insurance premiums have been paid for at least 600 days in the last 3 years, including the last 120 days, and they are entitled to unemployment benefits.
In the event of termination of employment contracts, it is beneficial to get support from a specialist lawyer in order to avoid loss of rights. You can always contact us regarding the issue.
