Justified vs. Valid Termination in Employment Law


 

 

Üner Law Office in Alanya provides legal assistance on valid and justified termination cases, severance rights, and employer-employee disputes. Contact us for expert ad

Distinction Between Justified and Valid Termination

In employment law, termination of an employment contract may occur due to various reasons. The distinction between valid termination and justified termination lies in the degree of severity of the employee’s or employer’s misconduct and the loss of mutual trust in the employment relationship.

A stable employment relationship requires mutual trust between the employer and employee. If this trust is lost due to severe misconduct, the affected party may be entitled to immediate termination for justified cause.

Valid Termination of an Employment Contract

Article 18 of the Turkish Labor Law states that in workplaces with at least 30 employees, an employee who has worked for at least six months under an indefinite-term contract can only be terminated for a valid reason related to:

1. Employee’s Performance or Behavior:

  • Incompetence affecting job performance.
  • Behavioral issues that disrupt the workplace.

2. Operational, Workplace, or Business Necessities:

  • Economic difficulties or restructuring.
  • Technological advancements eliminating job positions.
  • Reduction in workforce due to changing business needs.

Justified Termination of an Employment Contract

If continuing the employment relationship becomes unbearable due to the other party’s behavior or external circumstances, the affected party has the right to immediate termination with justified cause.

Legal Basis:

  • Article 435 of the Turkish Code of Obligations states that either party may immediately terminate the contract for justified reasons.
  • Articles 24 and 25 of the Turkish Labor Law outline justified reasons for employees and employers to terminate the contract.

Justified Termination by Employee (Article 24):

  1. Health Reasons:

    • Work conditions pose a risk to the employee’s health.
    • The employer or co-workers have a contagious disease.

  2. Employer’s Misconduct:

    • Employer deceiving the employee.
    • Employer making offensive remarks or harassment (psychological or sexual).
    • Employer’s non-payment of wages.

Justified Termination by Employer (Article 25):

  1. Health Reasons:

    • Employee suffering from a severe illness or injury.

  2. Employee’s Misconduct:

    • Employee deceiving or insulting the employer.
    • Employee’s poor workplace behavior or insubordination.
    • Employee’s repeated absenteeism.
    • Employee’s incompetence or negligence.

  3. Force Majeure (Uncontrollable Circumstances):

    • Natural disasters (floods, earthquakes) preventing work for more than a week.
    • Quarantine restrictions preventing employee attendance.

Legal Consequences of Justified Termination

  • Justified termination must be declared within six business days of learning about the reason, but no later than one year from the incident.
  • The terminating party may claim damages for any financial loss caused by the other party’s misconduct.
  • If termination is justified, the terminated party cannot claim notice compensation.
  • If the employee’s tenure exceeds one year, they are entitled to severance pay.

For legal assistance in employment termination disputes, contact Üner Law Office in Alanya via uner.av.tr.vice.

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