{"id":8962,"date":"2023-09-26T12:39:27","date_gmt":"2023-09-26T09:39:27","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=8962"},"modified":"2026-04-01T15:39:37","modified_gmt":"2026-04-01T12:39:37","slug":"iscinin-ise-gelmemesi","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/iscinin-ise-gelmemesi\/","title":{"rendered":"Employee Absence from Work"},"content":{"rendered":"
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Employee Absence from Work \u2013 Lawyer in Izmir<\/strong><\/p>\n\n\n\n

When a worker falls ill or has an accident, a doctor issues a sick leave certificate. This certificate, also known as a medical exemption certificate, is issued by a doctor but is subject to certain legal limitations. Labor Law |<\/a>\u2019According to the law, if an employee's health deteriorates due to their own negligence or lifestyle, the employer may terminate the employment contract for just cause due to the employee's absence from work.<\/p>\n\n\n\n

As is known, Article 25, paragraph II-g of the Labor Law No. 4857, which regulates the termination of the employment contract by the employer for just cause, states that if the employee fails to report to work for two consecutive working days without obtaining permission from the employer or without a just cause, or fails to report to work on the working day following any holiday twice in one month, or fails to report to work for three working days in one month, the employer may terminate the employment contract immediately and for just cause due to the employee's absence from work, for reasons that do not comply with moral and good faith principles.<\/p>\n\n\n\n

The absence mentioned in the relevant article can be defined as the employee's failure to come to work on working days when they are expected to be there, without a justifiable reason and without permission from the employer, regardless of whether the absence is intentional or negligent. Therefore, absence will not be considered to have occurred in other cases where the contract is suspended and the employee is not required to be present, such as unpaid leave. In this context, for an employee to be considered absent, they must fail to come to work during the expected working hours without a justifiable reason and without permission from the employer. Otherwise, the employee cannot be considered absent.<\/p>\n\n\n\n

In relevant court precedents, it has been held that for an employer to benefit from the clause regarding termination for just cause due to an employee's absence from work, they must investigate whether the employee has a valid excuse, issue a summons to the employee to return to work or to state their excuse, and the absence must be proven in writing by an attendance report signed by at least two company employees.<\/p>\n\n\n\n

The Labor Law No. 4857 outlines the circumstances under which an employee may not report to work. These can be exemplified as follows:.<\/p>\n\n\n\n