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The employee’s right to terminate for just cause allows the employment contract to be terminated immediately in the cases listed in Article 24 of Labour Law No. 4857. In this article we will explain the grounds that give rise to the right to terminate for just cause from the employee’s perspective.
The right to terminate for just cause is a formative right that entitles the party who, under the rules of good faith, cannot be expected to continue the employment relationship to terminate a fixed-term or indefinite-term employment contract immediately.
Where, owing to a situation arising in an employment contract, which creates a continuing obligation, the continuation of this relationship has become intolerable for one of the parties, a right to terminate immediately for just cause arises. The criterion for whether continuation of the contractual relationship has become intolerable (unbearable) is objective good faith, that is, the rules of good faith. Likewise, if the basis of trust that must exist in the employment relationship collapses owing to the conduct of one of the parties, the other party may exercise the right to terminate for just cause.
Article 24 of Labour Law no. 4857 sets out the grounds on which an employee may terminate for just cause.
“ The employee’s right of immediate termination for just cause
Madde 24 – Whether the term is definite or not, the employee may terminate the employment contract before the expiry of its term, or without waiting for the notice period, in the following circumstances:
I. Health grounds:
a) Where the performance of the work forming the subject of the employment contract becomes dangerous to the employee’s health or life for a reason arising from the nature of the work.
b) Where the employer, or another employee with whom the employee is continuously in close and direct contact, contracts a contagious disease or a disease incompatible with the employee’s work.
II. Circumstances contrary to the rules of morality and good faith, and similar circumstances:
a) Where the employer, at the time the employment contract was concluded, misled the employee by representing false qualities or conditions in respect of one of the essential points of the contract, or by giving untrue information or making untrue statements.
b) Where the employer uses words or engages in conduct offensive to the honour and reputation of the employee or a member of the employee’s family, or subjects the employee to sexual harassment.
c) Where the employer assaults or intimidates the employee or a member of the employee’s family, or encourages, incites or leads the employee or a member of the employee’s family into unlawful conduct, or commits against the employee or a member of the employee’s family an offence punishable by imprisonment, or makes serious, unfounded allegations or accusations damaging to the employee’s honour and dignity.
d) Where the employee is subjected to sexual harassment at the workplace by another employee or by third parties and, despite having notified the employer, the necessary measures are not taken.
e) Where the employee’s wages are not calculated or paid by the employer in accordance with the provisions of the law or the terms of the contract,
f) Where it has been agreed that wages are to be paid on a piece-rate or task basis and the employer gives the employee less work, in number or amount, than the employee is able to perform, and the difference in wages is not made good on a time basis so as to compensate the employee for the shortfall, or where the working conditions are not applied.
III. Compelling reasons:
Where compelling reasons arise that require work at the employee’s workplace to be suspended for more than one week.”
Labour Law No. 4857, Art. 24
As set out in the Law, where health grounds, circumstances contrary to the rules of morality and good faith, or compelling reasons exist and their conditions are met, the employee may terminate the employment contract for just cause.
Important · Unjustified termination
Otherwise, if the employment contract is terminated unjustly without just cause, the employee will be liable for the resulting damage.
Examining these grounds more closely:
Danger arising from the nature of the work
a) The work being dangerous to the employee’s health: Here the work performed must be dangerous to the employee’s health, and that danger must arise from the nature of the work.
Contagious disease
b) The employer or another employee contracting a contagious disease: Here again it is not enough that the disease is contagious; it must also pose a serious danger to the employee’s health. Diseases such as tuberculosis and skin diseases are of this kind. A further condition is that the employee must be continuously in the company of the employer or the other employee who has contracted the disease. Where the employee is only rarely in contact with those persons, this condition is not satisfied.
a) The employer misleading the employee: This arises where the employer acts at fault in the negotiations for the conclusion of the employment contract and misleads the employee as to one of the essential points of the contract.
b) Words and conduct of the employer offensive to honour and reputation; sexual or psychological harassment (mobbing): Words and conduct of the employer directed at the employee or a member of the employee’s family which are such as to harm their dignity or reputation, and any sexual harassment of them, fall within the scope of this provision.
For further detail on psychological harassment (mobbing), see our article “Psychological Harassment (Mobbing) in Employment Law” which you may read by clicking here. https://utuhukuk.com/is-hukukunda-psikolojik-taciz-mobbing/
c) Assault by the employer: An assault by the employer on the employee or a member of the employee’s family may take the form of words (insults, abuse and the like) or of conduct (physical violence and the like). As to intimidation, an example would be a threat by the employer that harm will be done to any material or non-material interests of the employee or the employee’s family.
d) The employee being sexually harassed by another employee: The employer is under a duty to refrain from words and conduct amounting to sexual harassment of the employee, and to take the measures necessary to ensure that the employee is not sexually harassed at the workplace by another employee. For the right of termination to arise, the sexual harassment must have occurred at the workplace and the employer must have failed to take the necessary measures despite having been notified of it.
e) Non-payment of wages by the employer: The employee may exercise this right not only where the basic wage is unpaid, but also where the supplementary elements that make up the wage in the broad sense (bonuses, premiums, fuel allowance, clothing allowance and the like) are unpaid.
f) Failure to apply the working conditions: The Court of Cassation has held that the right to terminate the employment contract for just cause under Article 24/II-f of the Labour Law arises, on the ground that the working conditions have not been applied, in respect of an employee who is made to work in conditions not complying with occupational health and safety legislation, who is not declared to the Social Security Institution, whose social security contributions are not paid or are declared at an understated level, or whose lawful request for the opening of a crèche is not met.
The employee may likewise terminate the employment contract for just cause where compelling reasons arise that require work at the workplace to be suspended for more than one week. The compelling reason must arise at the workplace and not in the employee’s own environment, must relate to the workplace, and must render work there impossible for more than one week.
Conditions required in the article for force majeure:
Related legislation: Labour Law No. 4857 (mevzuat.gov.tr)
Where the continuation of the employment relationship has become intolerable for the employee under the rules of good faith, or the basis of trust has collapsed owing to the employer’s conduct, a right to terminate immediately for just cause arises. The grounds are listed in Art. 24 of Labour Law No. 4857.
Where, for a reason arising from the nature of the work, the work is dangerous to the employee's health or way of life, or where the employer or another employee with whom the employee is in constant and close contact contracts a contagious disease or a disease incompatible with the employee's work.
Yes. Failure to calculate wages in accordance with the law or the contract, or failure to pay them, falls under Article 24/II-e. According to the article, this covers not only the basic wage but also wage supplements such as bonuses, premiums, and fuel and clothing allowances.
A right of termination arises where the employee is sexually harassed at the workplace by another employee or by third parties and, despite notifying the employer, the necessary measures are not taken. Sexual harassment by the employer itself is a separate ground.
The compelling reason must arise at the workplace rather than in the employee's personal surroundings, must relate to the workplace, and must make working at the workplace impossible for more than one week.
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