The employee and employer may terminate the employment contract before the end of the term or without waiting for the notification period in case of health reasons, non-compliance with the rules of ethics and goodwill and the existence of compelling reasons in Articles 24 and 25 of the Labor Law No. 4857, whether or not the term is specified. In addition, the employer may terminate the employment contract immediately if the absenteeism exceeds the notice periods specified in Article 17 of the Labor Law No. 4857 if the employee is detained or arrested.
Immediate termination without notice in the employment contracts, as a result of the emergence of one of the reasons stated in the law to continue the contract can not be expected from him to get away from the employment contract allows immediately. The employment contract does not automatically terminate in the event of justifiable reasons for the termination of the employment contract without notice. The party who is entitled to terminate the employment contract must terminate the contract. In order for this termination to be valid, it must not be irregular, unfair or malicious. Termination is sız unjustified termination halinde in case there is not one of the legal termination reasons, the right of termination is not used within the term, the reason for termination is deprived of proof, the termination of the employment contract is not in accordance with the procedure and the reason for the termination is not justified.
If the employment contract is terminated by the employer, the notice of termination shall be in writing and the reason for termination shall be clearly and precisely stated. However, in the case of an indefinite term employment contract, it is not appropriate to terminate the employment contract for reasons related to the behavior or productivity of the employee without taking defense from the employee. However, in this case, the employer reserves the right to terminate immediately for good cause. Workers who are covered by job security and whose contract is terminated unfairly by the employer may file a claim for reinstatement as well as claim for notice and severance pay.
The authority to terminate the contract granted to the employee or employer on the basis of cases that do not comply with the rules of morality and goodwill pursuant to Article 26 of the Labor Law No. 4857, shall be effected after six working days have passed since the other party has learned that such acts have taken place. can not be used after one year.
Termination of the employment contract
In indefinite-term employment contracts, the situation must be notified to the other party prior to termination. The notice periods stipulated in Article 17 of the Labor Law No. 4857 regarding the termination of employment contracts are 2 weeks, 4 weeks, 6 weeks and 8 weeks. In determining these periods, the period in which the worker works is taken into consideration. After the notification has been made, the employment contract with an indefinite term shall be deemed terminated.
The party not complying with the notification requirement shall pay compensation for the notification period. However, the employer can terminate the employment contract by paying the fee for the notification period in advance.
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