The emergence of justifiable reasons for the employer to dismiss the worker and not pay compensation does not terminate the employment contract ex officio. The employer’s dismissal of the employee (termination of the employment contract for just cause) terminates the contract with a unilateral declaration of will. The party (employee or employer) in favor of which this right arises must use this right. The party wishing to exercise this right must make a written notice of termination and clearly state the reason for termination.
The reasons for dismissing the worker without compensation (termination with just cause) regulated in the law are as follows;
DISCHARGE OF A WORKER WITHOUT COMPENSATION FOR HEALTH REASONS
Illness or injury of the worker by his own faulty act; regulated under the heading of health reasons. Accordingly, the employer may terminate the employment contract if the employee suffers from an illness or disability arising from his own intention, untidy life or addiction to alcohol, and if the absenteeism due to this reason lasts more than 3 working days in a row or 5 working days in a month. A fondness for nightlife can be an example of not being tidy.
The worker’s incurable illness; for health reasons. The proof that the incurable disease that the worker is caught causes inconvenience in working in the workplace is made by the Health Board. In this case, the fault of the worker will not be considered.
Sickness, accident, childbirth or pregnancy without the fault of the worker; It is the last health reason. If the worker has an illness or an accident, or has a pregnancy or childbirth despite being flawless, the employer’s right to terminate arises after these situations exceed the notification periods specified in İK 17, according to the working period of the worker at the workplace by 6 weeks. In case of birth and pregnancy, this period starts from the end of the 16-week periods given by law.
DISCHARGE OF A WORKER WITHOUT COMPENSATION DUE TO VIOLATION OF ETHICS AND GOOD FAITH
fraudulent behavior of the worker; constitutes a violation of the rules of morality and goodwill. If the worker claims that he has qualifications that he did not have at the time of the establishment of the employment contract, or misleads the employer by giving false information, the employer will be terminated with just cause. This deception must be made on the essential points of the contract. Cheating must be done for the purpose of establishing the contract.
The words and behaviors of the worker that will touch the honor and honor of the employer; It is a situation that does not comply with moral rules. If the worker speaks words or acts against the employer’s family as well as the employer, or makes unfounded reports and accusations about the employer that are detrimental to honor and dignity, it is grounds for termination with just cause.
Sexual harassment of another worker by the worker is a justifiable reason for termination due to non-compliance with the moral rules. The harassment does not necessarily have to take place in the workplace. Even if it takes place outside the workplace in terms of disrupting the order, it is a justified reason for termination.
The employee’s harassment of the employer or alcohol addiction is also a reason for termination due to violation of morality and goodwill rules. If the worker taunts the employer or one of his family or another worker, the employer may terminate the employment contract without notice. TCK terms are not required for teasing. The teasing must be carried out by the worker himself. The harassment of the employee’s family does not constitute a just cause for termination. For example, swearing is bullying. In addition, if the worker comes to the workplace intoxicated or taking drugs, or uses these substances in the workplace, it is a justified reason for termination.
The employee’s behavior that does not comply with honesty and loyalty is also a reason for termination with just cause. Accordingly, the employee must engage in behaviors that do not comply with accuracy and loyalty, such as abusing the trust of the employer, stealing, revealing the employer’s professional secrets. It is one of the situations that does not comply with the rules of morality and goodwill. These cases were not specified in a limited number, and sampling was used. For example, it is inconsistent with righteousness that the guard worker sleeps while on duty. In these cases, there is often a breach of the duty of loyalty.
The employee’s committing a crime in the workplace is also incompatible with the rules of morality and goodwill. For this reason, for just termination, the employee must commit a crime punishable by imprisonment for more than 7 days and the penalty of which is not postponed. The worker must commit this crime in the workplace where he/she performs the act of doing business. If the penalty for the crime is a judicial fine, this provision is not applicable.
The employee’s absence is also incompatible with the rules of morality and goodwill. If the worker does not continue to work for 2 consecutive working days or 2 times in a month, on the working day after any holiday or 3 working days in a month, without taking leave from the employer or justification, it is a justifiable reason for termination for the employer. The aim is the stability of the working order and the continuous execution of the work. If the worker does not come for reasons such as his child getting sick or giving a witness, the worker’s rightful reason is mentioned. The worker has to notify the employer of the situation when it is based on a just cause. However, it is not expected from the worker to make a notification in accordance with the honesty rule.
Failure to notify will not be a reason for termination with just cause for the employer.
Failure of the worker to fulfill the act of doing business also constitutes a violation of the rules of morality and goodwill. If the worker insists on not performing the duties he is responsible for, despite being reminded of it, it is a justifiable reason for the employer to terminate it. The employer proves that the worker has been reminded of his duty. Therefore, it is useful to make the reminder in writing.
It is also against the rules of goodwill that the worker endanger the work safety and harm the employer. In case the worker endanger the safety of the work because of his own will or neglect of the work, damage and loss the machinery, installation or other goods and materials that are or are not the property of the workplace, to such an extent that he cannot pay the amount of his own wage for thirty days arranged as It is a breach of duty of care. The worker must have faulty behavior, but it is not necessary to cause damage as a result of this behavior.
The emergence of a compelling reason that prevents the worker from working at the workplace for more than one week is another reason. In the event of this reason, the worker is paid half wage for each day during the 1-week waiting period. At the end of this waiting period, the employer is free to terminate the contract without notice. If the employer does not terminate the employment contract at the end of the period, the employment contract is suspended.
IF THE EMPLOYEE IS DETENTION OR ARRESTED, IF THE ATTENDANCE EXCEEDS THE NOTIFICATION TIME IN HR 17, IT IS REASON FOR LEGAL TERMINATION FOR THE EMPLOYER. THESE NOTIFICATION TIMES;
a) 2 weeks for workers whose seniority is between 0-6 months,
b) 4 weeks for workers with a seniority of 6 months – 1 and a half years,
c) 6 weeks for workers with a seniority of 1 and a half years – 3 years,
d) For workers with more than 3 years of seniority, it is 8 weeks.
These periods will not be applied in case of immediate (without notification) termination of the above-mentioned employer for just cause.
HOW IS THE WORKER REMOVED WITHOUT COMPENSATION?
The employer who wants to terminate the employment contract for the reasons mentioned above has to make a termination statement. The Supreme Court is of the opinion that this statement should be in writing. The declaration must show the reason for termination. The employer, who wants to terminate based on situations that do not comply with the rules of morality and goodwill, and the like, must make a declaration of termination to the other party within 6 working days from the day he learned about the incident, and probably within 1 year from the date of the incident. These deadlines are expiration dates. However, the one-year period does not apply if the worker gains material benefit from the event.
