{"id":172,"date":"2022-08-11T09:00:00","date_gmt":"2022-08-11T09:00:00","guid":{"rendered":"https:\/\/utuhukuk.com\/iscinin-hakli-nedenle-derhal-fesih-hakki\/"},"modified":"2026-10-01T14:08:56","modified_gmt":"2026-10-01T14:08:56","slug":"employees-right-to-immediate-termination-for-just-cause","status":"publish","type":"post","link":"https:\/\/utuhukuk.com\/en\/iscinin-hakli-nedenle-derhal-fesih-hakki\/","title":{"rendered":"The Employee\u2019s Right of Immediate Termination for Just Cause"},"content":{"rendered":"<div class=\"pm\" data-utu-pm=\"1\">\n<p class=\"pm-giris\"><strong>The employee\u2019s right to terminate for just cause<\/strong> 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\u2019s perspective.<\/p>\n<aside class=\"pm-ozet\" aria-label=\"In brief\">\n<p class=\"pm-etiket\">In brief<\/p>\n<ul>\n<li>The employee's right of termination for just cause is an extinctive formative right that entitles the employee to end the contract with immediate effect when continuation of the employment relationship can no longer be expected under the principle of good faith.<\/li>\n<li>Article 24 of Labour Act No. 4857 groups the employee's grounds for termination for just cause into three categories: health reasons, conduct contrary to morality and good faith, and force majeure.<\/li>\n<li>Non-payment of wages and of wage supplements such as bonuses and premiums, as well as failure to register the employee with the SGK (Social Security Institution) or under-reporting of premiums, are cited in the article as just causes for termination.<\/li>\n<li>The force majeure must arise at the workplace and make working at the workplace impossible for more than one week.<\/li>\n<\/ul>\n<\/aside>\n<details class=\"pm-ic\" open>\n<summary>Contents<\/summary>\n<ol>\n<li><a href=\"#hakli-nedenle-fesih-nedir\">What is the right to terminate for just cause?<\/a><\/li>\n<li><a href=\"#is-kanunu-m24\">Just grounds for termination under the Labour Law<\/a><\/li>\n<li><a href=\"#saglik-sebepleri\">Health reasons<\/a><\/li>\n<li><a href=\"#ahlak-ve-iyiniyet\">Conduct contrary to the rules of morality and good faith<\/a><\/li>\n<li><a href=\"#zorlayici-sebepler\">Force majeure<\/a><\/li>\n<li><a href=\"#sss\">Frequently asked questions<\/a><\/li>\n<li><a href=\"#iletisim\">Consultation request<\/a><\/li>\n<\/ol>\n<\/details>\n<section id=\"hakli-nedenle-fesih-nedir\">\n<h2>What Is the Right to Terminate for Just Cause?<\/h2>\n<p class=\"pm-tanim\"><strong>The right to terminate for just cause<\/strong> 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.<\/p>\n<p>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.<\/p>\n<\/section>\n<section id=\"is-kanunu-m24\">\n<h2>Grounds for Termination for Just Cause Under the Labour Act<\/h2>\n<p>Article 24 of Labour Law no. 4857 sets out the grounds on which an employee may terminate for just cause.<\/p>\n<blockquote class=\"pm-kanun\">\n<p><em>\u201c <strong>The employee\u2019s right of immediate termination for just cause<\/strong><\/em><\/p>\n<p><strong><em>Madde 24 &#8211;<\/em><em> 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:<\/em><\/strong><\/p>\n<p><em>I. <\/em><em>Health grounds:<\/em><\/p>\n<p><em>a) Where the performance of the work forming the subject of the employment contract becomes dangerous to the employee\u2019s health or life for a reason arising from the nature of the work.<\/em><\/p>\n<p><em> 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\u2019s work.<\/em><\/p>\n<p><em>II. Circumstances contrary to the rules of morality and good faith, and similar circumstances:<\/em><\/p>\n<p><em> 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.<\/em><\/p>\n<p><em> 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\u2019s family, or subjects the employee to sexual harassment.<\/em><\/p>\n<p><em> c) Where the employer assaults or intimidates the employee or a member of the employee\u2019s family, or encourages, incites or leads the employee or a member of the employee\u2019s family into unlawful conduct, or commits against the employee or a member of the employee\u2019s family an offence punishable by imprisonment, or makes serious, unfounded allegations or accusations damaging to the employee\u2019s honour and dignity. <\/em><\/p>\n<p><em>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.<\/em><\/p>\n<p><em> e) Where the employee\u2019s wages are not calculated or paid by the employer in accordance with the provisions of the law or the terms of the contract, <\/em><\/p>\n<p><em> 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.<\/em><\/p>\n<p><em> III. Compelling reasons:<\/em><\/p>\n<p><em> Where compelling reasons arise that require work at the employee\u2019s workplace to be suspended for more than one week.\u201d<\/em><\/p>\n<p><cite>Labour Law No. 4857, Art. 24<\/cite>\n<\/p><\/blockquote>\n<p>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.<\/p>\n<ul class=\"pm-cipler\" aria-label=\"\u0130\u015f\u00e7inin hakl\u0131 fesih sebepleri\">\n<li>Health reasons<\/li>\n<li>Conduct contrary to the rules of morality and good faith<\/li>\n<li>Force majeure<\/li>\n<\/ul>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Important \u00b7 Unjustified termination<\/p>\n<p>Otherwise, if the employment contract is terminated unjustly without just cause, the employee will be liable for the resulting damage.<\/p>\n<\/div>\n<p>Examining these grounds more closely:<\/p>\n<\/section>\n<section id=\"saglik-sebepleri\">\n<h2>Health Reasons<\/h2>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Danger arising from the nature of the work<\/p>\n<p><strong>a) The work being dangerous to the employee\u2019s health:<\/strong> Here the work performed must be dangerous to the employee\u2019s health, and that danger must arise from the nature of the work.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Contagious disease<\/p>\n<p><strong>b) The employer or another employee contracting a contagious disease:<\/strong> Here again it is not enough that the disease is contagious; it must also pose a serious danger to the employee\u2019s 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.<\/p>\n<\/div>\n<\/div>\n<\/section>\n<section id=\"ahlak-ve-iyiniyet\">\n<h2>Conduct Contrary to the Rules of Morality and Good Faith<\/h2>\n<p><strong>a) The employer misleading the employee:<\/strong> 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.<\/p>\n<p><strong>b) Words and conduct of the employer offensive to honour and reputation; sexual or psychological harassment (mobbing): <\/strong>Words and conduct of the employer directed at the employee or a member of the employee\u2019s family which are such as to harm their dignity or reputation, and any sexual harassment of them, fall within the scope of this provision.<\/p>\n<p>For further detail on psychological harassment (mobbing), see our article <em><strong>\u201cPsychological Harassment (Mobbing) in Employment Law\u201d<\/strong><\/em> which you may read by clicking here.<strong> <a href=\"https:\/\/utuhukuk.com\/en\/mobbing-psychological-harassment-at-work\/\" target=\"_blank\" rel=\"noopener\">https:\/\/utuhukuk.com\/is-hukukunda-psikolojik-taciz-mobbing\/<\/a><\/strong><\/p>\n<p><strong>c) Assault by the employer:<\/strong> An assault by the employer on the employee or a member of the employee\u2019s 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\u2019s family.<\/p>\n<p><strong>d) The employee being sexually harassed by another employee:<\/strong> 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.<\/p>\n<p><strong>e) Non-payment of wages by the employer:<\/strong> 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.<\/p>\n<p><strong>f) Failure to apply the working conditions:<\/strong> 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 cr\u00e8che is not met.<\/p>\n<\/section>\n<section id=\"zorlayici-sebepler\">\n<h2>Force Majeure<\/h2>\n<p>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\u2019s own environment, must relate to the workplace, and must render work there impossible for more than one week.<\/p>\n<p>Conditions required in the article for force majeure:<\/p>\n<ul class=\"pm-liste\">\n<li>It must arise at the workplace, not in the employee\u2019s surroundings<\/li>\n<li>It must relate to the workplace<\/li>\n<li>Working at the workplace becoming impossible for more than 1 week<\/li>\n<\/ul>\n<\/section>\n<p class=\"pm-dipnot\">Related legislation: <a href=\"https:\/\/www.mevzuat.gov.tr\/mevzuat?MevzuatNo=4857&amp;MevzuatTur=1&amp;MevzuatTertip=5\" target=\"_blank\" rel=\"noopener\">Labour Law No. 4857<\/a> (mevzuat.gov.tr)<\/p>\n<section id=\"sss\" class=\"pm-sss\">\n<h2>Termination for Just Cause by the Employee: Frequently Asked Questions<\/h2>\n<details open>\n<summary>When does the employee's right of termination for just cause arise?<\/summary>\n<div>\n<p>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\u2019s conduct, a right to terminate immediately for just cause arises. The grounds are listed in Art. 24 of Labour Law No. 4857.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Which health-related reasons give the employee a right of termination for just cause?<\/summary>\n<div>\n<p>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.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Is non-payment of wages a just cause for termination?<\/summary>\n<div>\n<p>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.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Can an employee who is sexually harassed at the workplace terminate the contract?<\/summary>\n<div>\n<p>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.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What conditions are required for termination due to a compelling reason (force majeure)?<\/summary>\n<div>\n<p>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.<\/p>\n<\/div>\n<\/details>\n<\/section>\n<section id=\"iletisim\" class=\"pm-form-kap\">\n<div class=\"pm-form-sol\">\n<p class=\"pm-etiket\">Consultation request<\/p>\n<h2>Do you have a question about termination for just cause?<\/h2>\n<p>As UTU Hukuk Dan\u0131\u015fmanl\u0131k, we provide legal and advisory services in the field of labour law.<\/p>\n<p>Fill in the form and we will call you. 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You are advised to consult a lawyer about your specific situation.<\/p>\n<\/div>\n<\/footer>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>Hakl\u0131 nedenle fesih hakk\u0131, d\u00fcr\u00fcstl\u00fck kurallar\u0131 gere\u011fi i\u015f ili\u015fkisini s\u00fcrd\u00fcrmesi kendisinden beklenemeyecek tarafa belirli veya belirsiz s\u00fcreli i\u015f akdini\u2026<\/p>","protected":false},"author":1,"featured_media":437,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"elementor_canvas","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-172","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-is-hukuku"],"_links":{"self":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/172","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=172"}],"version-history":[{"count":5,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/172\/revisions"}],"predecessor-version":[{"id":695,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/172\/revisions\/695"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media\/437"}],"wp:attachment":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=172"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=172"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=172"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}