This article aims to explain and provide information on; “dismissal according to the employment contracts in Turkey.”
Dismissal Of Employees According To The Employment Contracts In Turkey
The process of terminating the business relationship occurs in three ways:
● The first of these is the spontaneous termination of the process, such as the death of the worker, the spontaneous termination of the contract due to the structure, the termination of the contract due to invalidity.
● The second is that the employee’s employment contract is terminated by the employee, which could be because of your own decision or other reasons based on the employer’s good faith against him/her per the rules of morality and behavior to be found in non-health reasons and compelling reasons.
● The third form in the process of terminating the business relationship is the termination of the business relationship by the employer. The decision in this dismissal is up to the employer. The causes of this situation are generally owed to the work of the worker, the worker fails to comply with the terms of the contract. Continuity to show health problems and professional incompetence contrary to morality and good intentions, work absenteeism, workers could be terminated for reasons such as poor performance or behavior arising from the yield of a job as businesses that are unrelated to or resulting from the general economic situation.
Dismissal According To The Employment Contracts In Turkey – Termination Processes
Labor Law No. 4857 also recognizes the freedom it provides to the parties in the construction of a business relationship within the framework of freedom of contract in the process of termination of a business relationship within the framework of certain limits and rules. This freedom should be assessed under the rules of goodwill. For malicious processes, certain compensation provisions have been determined.
As for the termination of the employment relationship with the employer, the following two considerations were determined. These are valid when examining the valid or justified situations that give the employer the right to terminate the employment relationship with respect to the termination of the employment relationship:
- Behavior and efficiency of the worker,
- Workplace, enterprise, or job requirements,
Labor Law No. 4857, justifiable reasons for termination of an employment contract by an employee or employer, articles 24 and 25 have laid out the general terms. An immediate termination based on Article 25 will not result in the employee’s right to severance pay. Here, it should be noted by the employer that the right to immediate termination for a justified reason should be exercised within six working days from the knowledge of the justified reason and in any case within one year from the occurrence of the event that constitutes the justified reason.
For further reading; “Employment Law in Turkey.”
Dismissal According To The Employment Contracts In Turkey – Job Assurance
Another important issue to consider by employers is whether the worker has job security. From the point of view of workers subject to the provisions of “job assurance,” employers must base the termination on a valid reason for the termination of the notice period.
In order to apply the provisions of job security, the employee whose employment contract has been terminated:
- Have at least six months of seniority,
- Employment of 30 or more workers in the workplace,
- Work of the employee with an indefinite term employment contract,
- There should be no employer attorney in a certain position,
Indefinite term employment contracts can only be terminated without a justifiable reason, provided that the termination is notified to the employee by the employer. Otherwise, the employee may have the right to claim notification compensation. These notice periods are mentioned below:
- If he/she worked for less than six months, two weeks,
- If he/she worked from six months to one and a half years, four weeks,
- If he/she worked from one and a half years to three years, six weeks,
- If he/she has worked for more than three years, it is eight weeks.
If the employer does not want the employee to work during the notification period, he/she must pay the entire wage amount to the employee in advance, which will be determined according to this notification period.
While it is not possible to shorten the notice periods, the contract signed between the parties can be extended in favor of the worker. In terms of labor legislation, the main employee behavior gives the employer the right to terminate the labor relationship.
Dismissal According To The Employment Contracts In Turkey – Lack of Employee Performance
The occupational incapacity of the worker is a valid reason for the termination of the employment contract on a notice period. Professional incompetence of workers who work the same or similar jobs compared to peers, if work less efficiently than average, or issues such as lack of initiative, are valid causes for the termination of the employee.
In accordance with the labor law and the case law of the supreme court, in order to determine the employee’s poor performance, there must be a performance evaluation system applied at work, and the employee’s poor performance can be determined according to objective criteria.
Dismissal According To The Employment Contracts In Turkey – Negative Behavior Of The Worker
Although these negative behaviors are not severe enough to create a justifiable reason, they make the continuation of the employment relationship unbearable from the employer’s point of view and disrupt the functioning of the workplace and work, the employer has the right to terminate the employment contract for a period of notice for a valid reason.
For example, failure of the worker to perform his/her duty, despite being reminded of him/her, is a justifiable reason for termination, while incomplete, poor, or inadequate performance is a valid reason for termination too.
Such termination must necessarily be based on “moderation.” There must be a proportion between the negative behavior of the worker and the consequences of termination. At this point, although the behavior of the employee has not fundamentally shaken the relationship of trust between the employer and the employee, it must have shaken the trust to some extend. So the termination of the employment contract can be considered in accordance with the law.
Termination Due To the Requirements of the Workplace, Enterprise, or Job
In cases of termination due to the requirements of the workplace, enterprise, or job, the factors that make termination mandatory are not due to the employee himself, but usually due to employer or market conditions. Act 18. in accordance with the article, the employer has the opportunity to terminate an indefinite-term employment contract on the basis of a valid reason arising from the requirements of the workplace, enterprise, or job.
Absence of The Worker
Absence without the employer’s consent, if without a legitimate reason two days in a row, twice in a month from the day of any holiday to the following business day, or any three days in a month ceased to work, provides good grounds for the termination of the employment contract.
In this case, the employer has no obligation to notify on a permanent basis. The employer may immediately terminate the employment contract for a justifiable reason, and the employee will not have the right to receive severance pay.
For further reading; “Learn Things About Turkish Labour Law.”
- TURKISH GOVERNMENT. (2003). LABOUR ACT OF TURKEY – Law No. 4857. TURKEY. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/64083/77276/F75317864/TUR64083%20English.pdf.