The birth of the justified reasons necessary for the employer to dismiss the employee and not to pay compensation does not officially terminate the employment contract. The employer’s dismissal of the employee (termination of the employment contract for a justifiable reason) ends the contract with a unilateral statement of will. The party (employee or employer) who has been born with this right in favor of this right must exercise this right. A party wishing to exercise this right must make a written notice of termination and clearly indicate the reason for termination.
The reasons for dismissing the employee without compensation (termination for a justified reason) regulated by the law are as follows;
DISMISSAL OF AN EMPLOYEE WITHOUT COMPENSATION FOR HEALTH REASONS
The employee’s illness or disability due to his/her own defective movement is regulated in the title of health reasons. Accordingly, if the employee suffers from an illness or disability that will arise from his own caste or decadent life or a fondness for drinking, the employment contract may be terminated by the employer if the absenteeism that will arise for this reason lasts more than 3 consecutive working days or 5 working days in a month. Indulging in nightlife can be an example of not being tidy.
The fact that the worker is suffering from an incurable disease is one of the health reasons. The Health Board shall prove that the incurable disease in which the employee is kept causes an inconvenience to his/her work at the workplace. In this case, the employee will not be excused.
The fact that the employee has had an illness, accident, birth or pregnancy without a defect is the last cause of health. If the employee has an illness or accident while he is at work, or if he has a pregnancy or childbirth, the employer’s right to terminate arises after these situations exceed the notification periods specified in HR 17 by 6 weeks in accordance with the employee’s working time at work. In case of childbirth and pregnancy, this period begins after the expiration of the 16-week periods prescribed by law.
DISMISSAL OF AN EMPLOYEE WITHOUT COMPENSATION FOR VIOLATION OF THE RULES OF MORALITY AND GOODWILL
Fraudulent behavior of the employee constitutes a violation of the rules of morality and good faith. If an employee claims that he has qualifications that were not available to him at the time of the establishment of the employment contract, or if he misleads the employer by providing untrue information, the employer will have a justifiable reason for termination. This error must be made on the main points of the contract. Cheating should be done for the purpose of establishing the contract.
The words and behaviors of the employee that will touch the honor and honor of the employer are among those that do not comply with the moral code. If the employee says words or acts that will touch the honor and honor of one of the employer’s family in addition to the employer, or if he makes unfounded denunciations and accusations that violate the honor and dignity of the employer, this is the reason for the termination for a justified reason.
The fact that the employee sexually assaulted another employee is a justified reason for termination due to non-compliance with the code of ethics. The harassment in question does not necessarily have to be done at work. Even if the shaking of the order takes place outside the workplace from the point of view, it is a justified reason for termination.
The employee’s taunting of the employer or alcohol dependence is also the reason for termination due to violation of the rules of morality and goodwill. If the employee mocks the employer or one of his or her family or another employee, the employer may terminate the employment contract without notice. TCK conditions are not required for taunting. Bullying must be carried out by the worker himself. Harassment of the employee’s family does not constitute a reason for termination for a justifiable reason. For example, swearing is teasing. In addition, if the employee arrives at the workplace drunk or having taken drugs, or if he uses these substances at work, it is a justified reason for termination.
The fact that the employee commits behavior that does not comply with accuracy and commitment is also the reason for the termination for the right reason. Accordingly, the employee must commit acts that do not comply with accuracy and commitment, such as abusing the trust of my employer, stealing, revealing the employer’s professional secrets. It is one of the conditions that does not comply with the rules of morality and goodwill. These states are not specified in a limited number of cases, the sampling path has been taken. For example, it is incompatible with accuracy that a guard worker sleeps while on duty. In these cases, there is usually also a violation of the loyalty debt.
The fact that a worker commits a crime at work is also incompatible with the rules of morality and goodwill. Therefore, for justified termination, the employee must commit a crime punishable by more than 7 days in prison at the workplace, the punishment of which is not postponed. The employee must necessarily commit this crime at the place of work where he performs the act of seeing work. If the punishment for the crime is a judicial fine, this provision does not apply.
The absence of a worker is also incompatible with the rules of morality and goodwill. If an employee does not continue his work for 2 consecutive working days or 2 times within a month for 3 working days after any holiday or 3 working days in a month without permission from the employer or for a deciable reason, this is the rightful reason for termination for the employer. The goal is the stability of the working order, the constant execution of the work. If the employee did not come for reasons such as getting sick, testifying, the existence of the rightful cause of the worker is mentioned. The employee must also inform the employer of the situation when it is based on a justifiable reason. However, if the notification cannot be expected from the employee in accordance with the rule of honesty, the failure to receive notification will not be a reason for termination for a justified reason from the employer’s point of view.
The fact that the employee does not perform the act of seeing work also constitutes a violation of the rules of morality and good faith. If the employee insists on not doing the tasks that he is assigned to do, even if he is reminded of them, this is a justified reason for termination for the employer. The employer proves that the employee has been reminded of his duty. That is why it is worthwhile to make the reminder in writing.
It is also contrary to the rules of good faith that the employee endangers the safety of work and harms the employer. A situation in which an employee endangers the safety of work due to his will or his own job, causes damage and loss to machines, equipment, or other items and items that are or are not the property of the workplace and are not in his hands to such an extent that he cannot pay thirty days of his wages is regulated as a reason for the employer’s justified termination without notice to HR. It is contrary to the duty of care. The defective behavior of the employee must be found, but it is not necessary that damage must occur due to this behavior.
Another reason is the emergence of a compelling reason that prevents the worker from working at work for more than a week. In the event that this reason arises, the employee is paid half a fee 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 DETAINED OR ARRESTED, IF THE ABSENCE EXCEEDS THE NOTIFICATION PERIOD IN HR 17, IT IS A JUSTIFIED REASON FOR TERMINATION FOR THE EMPLOYER. THESE NOTIFICATION PERIODS;
a) 2 weeks for workers whose seniority is between dec-6 months,
b) 4 weeks for workers with a seniority of 6 months- 1 and a half years,
c) 6 weeks for workers with seniority of 1 and a half years- 3 years,
d) For workers whose seniority is more than 3 years, it is 8 weeks.
These periods will not be applied in case of immediate(without notice) termination of the above-mentioned employer for the rightful reason.
HOW TO REMOVE A WORKER WITHOUT COMPENSATION?
For the reasons mentioned above, the employer who wants to terminate the employment contract must submit a termination statement. The Supreme Court considers that this statement should be written in writing. The reason for the termination must be indicated in the statement. The employer who wants to terminate it on the basis of non-compliance with the rules of morality and goodwill, and the like, must submit a termination statement to the counterparty within 6 working days from the day of learning about the incident, in any case, within 1 year from the date of the incident. These periods are unfair periods. However, if the employee has a financial interest in the event, a one-year period is not applied.
