Termination by the Employer Pursuant to Article 25 of the Labor Law No. 4857

Employer's Termination of Employment Pursuant to Article 25 of the Labor Law No. 4857 | Lawyer in Izmir

When justifiable reasons arise that allow for the termination of an employment contract without notice, the contract does not automatically terminate; therefore, the party entitled to terminate the contract must exercise this right. The reason for the "without notice" termination is that this notice terminates the employment contract immediately. Termination without notice is when one of the parties terminates the employment contract immediately for justifiable reasons. This type of termination allows the party who cannot be expected to continue the contract due to certain circumstances to be released from the contract. Fixed-term or indefinite-term employment contracts can be terminated immediately (without notice) by the employer in a limited number of circumstances.

Article 25 of Law No. 4857:

If we examine the relevant legal provision:

Law No. 4857 Article 25 – Süresi belirli olsun veya olmasın işveren, aşağıda yazılı hallerde iş sözleşmesini sürenin bitiminden önce veya bildirim süresini beklemeksizin feshedebilir:

I- Health reasons:

• a) If the worker becomes ill or disabled due to his own negligence, disorderly lifestyle, or addiction to alcohol, and the resulting absence exceeds three consecutive working days or five working days in a month. (1)
• (b) If the health board determines that the worker's illness is incurable and that their continued employment poses a risk.
• Except for the reasons listed in subparagraph (a), the employer's right to terminate the employment contract without notice in cases of illness, accident, childbirth, and pregnancy arises after the specified conditions exceed the notice periods in Article 17 by six weeks, depending on the employee's length of service at the workplace. In cases of childbirth and pregnancy, this period begins at the end of the period specified in Article 74. However, no wages are paid for the periods during which the employee is unable to go to work due to the suspension of the employment contract.

II- Cases and similar situations that do not comply with moral and good faith principles:

• a) The employee misleading the employer by claiming to possess the necessary qualifications or conditions for an essential point of the employment contract at the time the contract was made, when in fact they do not, or by providing false information or statements.
• (b) The employee making statements or engaging in conduct that harms the honor and reputation of the employer or a member of their family, or making unfounded accusations and allegations that are damaging to the employer's honor and dignity.
• c) The employee sexually harassing another employee of the employer.
• d) The employee assaulting the employer, a member of the employer's family, or another employee of the employer; arriving at the workplace intoxicated or under the influence of drugs; or using these substances in the workplace.
• e) The employee engaging in conduct that violates honesty and loyalty, such as abusing the employer's trust, committing theft, or disclosing the employer's trade secrets.
• f) The employee committing an offence at the workplace punishable by imprisonment of more than seven days, and the sentence is not suspended.
• g) The employee's failure to report to work for two consecutive working days without permission from the employer or without a valid reason, or twice within a month on the working day following a holiday, or for three working days within a month.
• h) The worker's persistent refusal to perform the duties he/she is obligated to perform, even after being reminded of them.
• i) The worker endangering workplace safety due to their own will or negligence, or causing damage or loss to machinery, equipment, or other items and materials belonging to the workplace, or those under their control but not owned by the workplace, to an extent that they cannot compensate for the damage or loss with thirty days' worth of wages.

III- Compelling reasons: The emergence of a compelling reason that prevents the worker from working at the workplace for more than one week.

IV- Absence in case of worker's detention or arrestExceeding the notification period specified in article 17.

The employee may appeal under Articles 18, 20, and 21, claiming that the termination is not in accordance with the reasons stipulated in the preceding paragraphs. The right to terminate the contract granted to the employee or employer based on violations of moral and good faith principles, as set forth in Articles 24 and 25, cannot be exercised after six working days from the date the other party learns of such conduct, and in any case, after one year from the date the act occurred. However, the one-year period does not apply if the employee has gained a material benefit from the incident. The right to compensation for those who terminate the employment contract within the period stipulated in the preceding paragraph due to these circumstances remains reserved.

Job Search Permit

The employer has the right to terminate employment immediately for just cause, as the definition suggests, without adhering to notice periods, provided there is a justifiable reason for the employer's termination. Therefore, in situations that warrant immediate termination, there is no need to grant the employee time off to search for a new job. However, even though the law grants the employer the right to immediate termination, in order to not restrict the employee's right to defense, the termination notice must be given in writing, allowing the employee a reasonable opportunity to defend themselves.

When an employment contract is terminated by the employer for a valid reason, the employer, like the employee, must comply with the notice periods. Another obligation of the employer is to grant the employee time off to search for a new job. This time off is regulated in Article 27, and the employer is obliged to grant the employee time off to find a new job during working hours and without any wage deduction, within the notice period. The duration of this time off cannot be less than two hours per day, and the employee may combine the time off hours and use them collectively if desired. However, an employee wishing to use the time off collectively must arrange for it to coincide with the days preceding their termination and inform the employer of this. If the employer does not grant the time off or grants it incompletely, the employee will be paid the wages for that period. If the employer makes the employee work during the time off, in addition to the wages the employee would receive for the leave without working, the employer must pay the employee 100% extra for the hours worked.

Despite the termination of the contract, notice periods and compensation are not applied in some cases.

• Terminations that occurred pursuant to Articles 24 and 25, as per the rights granted by law.
• Military service,
• Pension,
• If a female employee leaves her job within one year due to marriage, she is only entitled to severance pay; neither party is required to observe a notice period..

In cases of termination without notice, it must be carefully examined whether the termination is based on a genuinely justifiable reason or meets legal exceptions. Irregular terminations pose significant compensation risks for employers and the risk of employees losing their deserved severance pay.

Ephesus Law aspect, Izmir labor law attorney Our team provides professional support to our clients in managing contract termination processes and tracking severance and notice pay claims. We offer legal assistance throughout İzmir, particularly in Karşıyaka, to protect the rights of both employees and employers. Izmir Karşıyaka lawyer You can receive dynamic consulting services by contacting our team.

Examples of Supreme Court Decisions:

1. “"There is no illegality in the termination of an employee's employment contract by the employer without notice or compensation for participating in a group visit to the doctor's office even though the employee is not ill." (Supreme Court of Turkey, 9th Civil Chamber, decision dated 12.11.1991, E.1991/12613, K.1991/14228).
2. “"If an employee leaves the workplace as if they have been granted permission, even when the employer has not explicitly given permission, this constitutes grounds for termination of the employment contract for just cause." (Supreme Court of Turkey, 9th Civil Chamber, decision dated November 30, 1998, E.1998/15055, K.1998/16955).
3. “"If it is repeatedly established through notarized records, workplace documents, and minutes that some employees have engaged in actions such as slowing down work or failing to perform assigned tasks, the termination carried out by the employer should be considered based on a just cause." (Supreme Court of Appeals, 9th Civil Chamber, decision dated 14.03.2002, E.2002/5209, K. 2002/4183).
4.  “"It is a requirement of the employee's duty of loyalty to protect the employer's legally legitimate interests regarding the work and workplace, and to refrain from conduct that could cause harm or endanger them. Acting contrary to this duty constitutes 'termination for just cause'." (Supreme Court of Turkey, 9th Civil Chamber, decision dated 04.04.2000, E. 2000/2465, K. 2000/4716).
5.  “"The termination of the employment contract of a night watchman who abandons his post is based on a just cause; the fact that he was forced to work excessive hours and did not have a break does not negate this fact." (Supreme Court of Appeals, 9th Civil Chamber, decision dated 15.03.2004, E.2003/16002, K.2004/5072).

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