Employer's Right of Immediate Termination for Just Cause

Nature of the Right of Termination for Just Cause

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.

Grounds for Termination for Just Cause Under the Labour Act

The grounds for termination for just cause by the employer are set out in Article 25 of Labour Law No. 4857.

“ Employer's right of immediate termination for just cause

Article 25 – Whether the contract is for a definite or an indefinite term, the employer may terminate the employment contract before the expiry of its term or without waiting for the notice period in the following cases:

I- Health reasons:

a) Where the employee contracts an illness or becomes disabled as a result of his own intent, disorderly lifestyle or addiction to alcohol, and the resulting absence lasts more than three consecutive working days or more than five working days in a month.⁽¹⁾

b) Where it is established by a Health Board that the illness the employee has contracted is incurable and that his working at the workplace is objectionable.

Other than for the reasons listed in sub-paragraph (a), in cases such as the employee's illness, accident, childbirth and pregnancy, the employer's right to terminate the employment contract without notice arises after the said situations have exceeded by six weeks the notice periods in Article 17 applicable according to the employee's length of service at the workplace. In cases of childbirth and pregnancy, this period begins at the end of the period in Article 74. However, no wages accrue for the periods during which the employee is unable to attend work because the employment contract is suspended.

II - Circumstances contrary to the rules of morality and good faith, and similar circumstances:

a) Where, at the time the employment contract is concluded, the employee misleads the employer by claiming to possess the qualifications or conditions required for one of the essential points of the contract although he does not possess them, or by giving untrue information or statements.

b) Where the employee uses words or engages in conduct offensive to the honour and reputation of the employer or a member of the employer’s family, or makes unfounded allegations and accusations damaging to the employer’s honour and dignity.

c) Where the employee sexually harasses another employee of the employer.

d) Where the employee assaults the employer, a member of the employer’s family or another employee of the employer, comes to the workplace drunk or under the influence of drugs, or uses such substances at the workplace.⁽¹⁾

e) Where the employee engages in conduct incompatible with honesty and loyalty, such as abusing the employer's trust, committing theft or disclosing the employer's trade secrets.

f) Where the employee commits, at the workplace, an offence punishable by imprisonment for more than seven days where the sentence is not suspended.

g) Where the employee, without the employer's permission or without a justified reason, fails to attend work for two consecutive working days, or twice in one month on the working day following a holiday, or for three working days in a month.

h) Where the employee persistently refuses to perform the duties he is obliged to perform despite being reminded of them.

i) Where the employee, wilfully or through negligence, endangers the safety of work, or causes damage to or loss of machinery, installations or other items and materials that are the property of the workplace, or are not its property but are under his control, to an extent that cannot be paid for with thirty days' wages.

III- Force majeure:

The occurrence of a compelling reason (force majeure) that prevents the employee from working at the workplace for more than one week.

IV- Where the employee is taken into custody or arrested and his absence exceeds the notice period in Article 17.

The employee may apply to the courts within the framework of Articles 18, 20 and 21, alleging that the termination does not comply with the grounds provided for in the above sub-paragraphs."

Labour Law No. 4857, Art. 25

As provided in the Law, where the conditions are met, the employment contract may be terminated by the employer for just cause on grounds of health reasons, conduct contrary to morality and good faith, the existence of force majeure, and the employee being taken into custody or arrested.

1. Health reasons
2. Conduct contrary to the rules of morality and good faith, and similar cases
3. Force majeure
4. The employee being taken into custody or arrested

Detailed Examination of the Grounds for Termination

Examining these grounds more closely:

Health Reasons

These are situations such as the occurrence of an event that causes the employee to fall ill or be injured through his own intent, that is, knowingly and wilfully, or the employee having a disorderly lifestyle, for example excessive addiction to alcohol, and falling ill as a result. However, these situations alone are not sufficient for termination for just cause. At the same time, these situations must cause the employee's absence, and this absence must last more than 3 consecutive working days or more than five working days in a month.

Likewise, the employer may terminate for just cause where the employee contracts an incurable illness, this illness makes his working at the workplace objectionable, and this is established by a Health Board.

Conduct Contrary to the Rules of Morality and Good Faith

The employer may terminate the employment contract for just cause where there are situations such as the employee misleading the employer, the employee's words and conduct affecting honour and dignity, sexual harassment by the employee, assault and drunkenness by the employee, conduct by the employee incompatible with honesty and loyalty, the employee committing an offence at the workplace, the employee's absence from work without the employer's permission or without a justified reason, the employee's persistent refusal to perform the duties he is obliged to perform despite being reminded of them, or the employee endangering work safety or damaging the employer's property.

• Misleading the employer
• Words and conduct offending honour and dignity
• Cinsel taciz
• Harassment and drunkenness
• Breach of honesty and loyalty
• Committing an offence at the workplace
• Absenteeism
• Persistent refusal to perform duties
• Endangering occupational safety, damage to the employer’s property

Force Majeure

Reasons such as the interruption of transport by natural events such as floods, snow or earthquakes, or a ban on leaving the region owing to an epidemic, may be regarded as force majeure. However, the mere existence of force majeure is not sufficient; in addition, a compelling reason arising from that force majeure must prevent the employee from working for more than one week. It should be noted that if these compelling reasons occur at the workplace or in the employer's own sphere, the employer cannot terminate the employment contract for just cause on the ground of force majeure.

The Employee Being Taken into Custody or Arrested

In these cases too, the period of custody or detention must exceed the notice periods (2-8 weeks) in Article 17 of the Law.