Termination is ending the employment connection between an employee and an employer under Turkish labor law. When an employee decides to leave a position, they may resign. On the other side, the employer has the right to fire the worker if the circumstances and legal processes are met. The notification requirements for termination must be met by either the employee or the employer. The Labor Law establishes the parties’ rights and responsibilities, controls the process of termination, and specifies the instances of termination.

The parties may agree to a fixed or flexible period for their employment contract. Regarding the set and undetermined terms of the contracts, it is required to take the ending of the contract of employment into consideration individually.

A. FIXED-TERM EMPLOYMENT CONTRACT TERMINATION:

The relationship of employment between the worker and the employer is governed by fixed-term employment contracts for a specific amount of time. Typically, a certain date or the realization of a particular occurrence determines this time frame. The terms “6-month employment contract” or “employment contract that will end when the project is completed” are examples of fixed-term employment contracts. Fixed-term employment agreements automatically terminate at the conclusion of the agreed-upon term. As a result, neither the employee nor the employer is required to provide a notification of termination.

However, in rare circumstances, notice of termination may be used to end fixed-term employment contracts. As a result, the following situations give rise to an employment agreement with a fixed term and termination by notice of termination:

1. A fixed-term contract becomes a perpetual contract if it is implicitly prolonged after it expires, according to Turkish Code of Obligations Article 430/2. A fixed-term employment agreement that becomes an indefinite-term agreement can be terminated in this fashion by giving notice of termination.

2. It’s possible that the parties agreed that they might end the fixed-term contract of employment by giving notice of termination. In this situation, a notice of termination may end the fixed-term employment contract.

3. If the fixed-term employment contract lasts more than 10 years, the parties have the right to cancel it in accordance with Article 430/2 of the Turkish Code of Obligations. As a result, if a contract for employment that has lasted more than 10 years is terminated in accordance with the six-month notice requirement, each of the employee and the organization that hired them may do so.

4. If a contract of employment with a fixed duration includes a trial period, the parties may end the agreement within that time.

5. If there are sufficient grounds for doing so, the parties may immediately cancel the employment contract.

B. TERMINATION OF INDEFINITE TERM EMPLOYMENT CONTRACT

Employment relationships between employees and employers are governed by indefinite-term employment contracts, the length of which is not stated. In these contracts, both the employer and the employee have the option to end the agreement. An indefinite employment contract may be terminated by either the employer or the employee, but both must adhere to the time restrictions outlined in Article 432/2 of the TCO. An individual who wants to end an indefinite-term contract of employment through a written notice of cancellation must inform the opposing party that they are doing so.

Usually, when an employment contract is for an extended period, the notice of termination is in doubt. ”Justified termination, unjustified termination, and legal termination” are the three categories of termination according to Turkish labor law.

1) TERMINATION JUSTIFIED:

The right to end an employment agreement for good reason is known as a justifiable termination. The conditions listed in Articles 24 and 25 of the Labor Law are what are meant by “justified termination” in this context. These articles’ justifications include scenarios in which it is impossible to maintain the work connection.  Either the worker or the employer may terminate an employee with cause.  The following are a few typical justifications for an employee’s firing.

The employee could end the contract of employment for reasonable cause if the employer failed to pay the salary of the worker on time. In situations where the employer mistreats, humiliates, assaults, attacks, or engages in unfair behavior such as violating the dignity of the individual, the employee may rightfully terminate the employment contract. In situations where the required precautions are not taken for the health and security of the worker, the employee may rightfully terminate the work contract if he or she faces serious risks related to occupational health and safety. An employee may properly terminate their job if the employer violates any significant terms outlined in the employment contract. A breach of contract could include things like failing to pay the agreed-upon wage or altering the workday.

The following are some typical explanations for an employer’s legitimate termination are:

Discipline infractions by the employee, such as burglary, assault, egregious negligence of duty, or disloyal conduct against the company, may necessitate a justifiable termination by the employer. If an employee consistently shows up late for work or is absent from work, it may negatively impact the employer’s ability to run its business and be a justifiable reason to fire them. If an employee deliberately or knowingly causes serious harm to the employer at work, the employer can end the contract of employment for just cause. The employee’s revelation of the company’s trade secrets or business secrets, such as customer information, may be grounds for a justifiable termination and damage the employer’s confidence. The employer may be entitled to a justifiable termination if the employee repeatedly fails to meet the standards set by the employer or is unable to fulfill the employee’s obligations. If an employee does not adjust to the demands of the job, the employer may be justified in terminating the individual’s employment and preventing the continuation of business.

The employee or the employer may end the employment contract instantly and without cause or prior notice if one of the legal grounds for termination listed in Labor Law No. 4857 arises. As a result, we may state that in the case of termination for good reason, both sides may give notice of termination without adhering to the notification requirements.

2) AN UNEXPECTED TERMINATION

 Unjust termination is when an employment contract is abruptly terminated by either the employer or the employee without cause or by using a legally recognized right to do so. The following are a few instances of an employee’s unfair termination:

• In the case of a disagreement with the employer, if the employee leaves the job to resolve the dispute and leaves the job without a valid reason, this is considered unfair termination. 
• If the employee leaves the job before the end of the contract period without a valid reason, this is considered unfair termination.
• Unjust termination occurs when an employee is fired by their employer based on factors such as color, gender, religion, or ethnic origin. 
• It also occurs when an employee is fired for engaging in authorized union activity.

 Either the employee or the employer may be subject to legal repercussions in the event of a wrongful termination. For instance, an employee may sue their employer for reinstatement or compensation in the event of a wrongful termination.

3) REASONABLE TERMINATION

A legitimate termination is when an employee or employer ends their job relationship for a good cause. The employee’s employment may be terminated by the employer for a variety of reasons, but those reasons must adhere to the law. A valid termination enables the employer to use the employee’s legal right to be let go. Employees who have been validly terminated by their employers are entitled to severance compensation under Article 17 of the Labor Law. In line with Article 20 of the Labor Law, the employee may also end the work relationship by providing a specific amount of notice.

The following circumstances may give rise to a legitimate termination by the employee: 

– If the employer files for bankruptcy the employee may end the work relationship during the proceedings.

The following may constitute a valid justification for an employer to fire an employee: 

– A few circumstances at work may allow the employer to do so. For instance, circumstances like workplace closure or a reduction in employment owing to economic or technical factors may be acceptable grounds for termination.

The Turkish Labor Law’s stipulations as well as any other applicable laws must be complied with for there to be grounds for a legitimate termination. A previous notice or warning procedure must be carried out in the event of a legal termination.

 Conclusion:

In conclusion, Turkey’s legal system’s procedures for terminating employees show how intricately laws, labor laws, and court rulings interact. While Turkish labor law offers numerous options for terminating contracts of employment, the circumstances, processes, and repercussions vary based on the nature of the cancellation. Employees have options to appeal unfair or unjust terminations through the labor courts, while employers must abide by the law to maintain fairness and defend the rights of employees. To successfully navigate the complex Turkish labor law system, it is crucial for employees as well as employers to have a thorough awareness of various termination techniques and their legal ramifications.