the fact that the necessary justifiable reasons arise for the giver to dismiss the employee and not pay compensation does not officially terminate the employment contract. Employer’s dismissal of the employee (termination of the employment contract for a just reason) terminates the contract with a unilateral declaration of will. The party (employee or employer) born with this right must exercise this right. The party wishing to exercise this right must submit a written notice of termination and clearly state the reason for termination.
reasons for the dismissal of the employee without compensation (termination for just cause) regulated by the law are as follows;
DISMISSAL WITHOUT COMPENSATION DUE TO HEALTH
The illness or disability of the employee caused by his own defective movement is regulated under the heading of health reasons. According to this, if the employee is subjected to an illness or disability caused by his caste or corrupt life or drinking addiction, the employment contract may be terminated by the employer if the absence that will occur 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 regular.
The fact that the worker suffers from an incurable disease is one of the health reasons. The Health Board will prove that the incurable disease in which the employee is being held is an obstacle to his/her work at the workplace. In this case, the employee will not be given an excuse.
The fact that the employee has an illness, accident, birth or pregnancy without fault is the last of the health reasons. If the employee has an illness or accident while at work, or has a pregnancy or childbirth, the employer’s right to termination arises after these situations exceed the notification periods specified in HR 17 by 6 weeks according to the employee’s working time at the workplace. In the case of childbirth and pregnancy, this period begins after the end of the 16-week period stipulated in the law.
DISMISSAL OF THE EMPLOYEE WITHOUT COMPENSATION DUE TO VIOLATION OF THE RULES OF MORALITY AND GOODWILL
The fraudulent behavior of the employee constitutes a violation of the rules of morality and goodwill. If the employee claims that he has qualifications that did not belong to him at the time of the employment contract, or if he misleads the employer by providing false information, the employer has a justified reason for termination. This mistake must be made in the main points of the contract. Deception must be carried out for the purpose of establishing a contract.
The words and behaviors of the employee that will touch the honor and honor of the employer are among the behaviors that do not comply with the moral Decrees. If the employee makes words or behaviors that will touch the honor and honor of the employer, as well as one of the employer’s family, or makes unfounded denunciations and accusations that will damage the honor and dignity of the employer, this is the reason for termination for a justified reason.
The fact that an employee sexually assaults 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 carried out at work. Even if the shaking up of the order takes place outside the workplace, it is a justified reason for termination.
The employee’s bullying of the employer or alcohol addiction is also the reason for termination due to violation of the rules of morality and goodwill. If the employee makes a mockery of the employer or one of his family or another employee, the employer may terminate the employment contract without notice. TCK conditions are not sought for taunting. The teasing must be done by the worker himself. Bullying of the employee’s family does not constitute a reason for termination for a justified reason. For example, swearing is mocking. In addition, the employee’s arrival at the workplace drunk or having taken drugs or using these substances at work is a justified reason for termination.
The fact that the employee engages in behaviors incompatible with truthfulness and loyalty is also the reason for termination for a justified reason. Accordingly, the employee should engage in behaviors incompatible with truthfulness and loyalty, such as abusing the employer’s trust, committing theft, disclosing the employer’s professional secrets. It is one of the states that does not comply with the rules of morality and goodwill. These cases were not mentioned in a limited number of cases, the sampling method was followed. For example, it is incompatible with accuracy for a guard officer to sleep on duty. In these cases, there is usually also a violation of the debt of loyalty.
Committing a crime by an employee at work is also contrary to the rules of morality and goodwill. For this reason, for a just termination, the employee must commit a crime at work that requires a prison sentence of more than 7 days and the punishment of which is not postponed. The employee must necessarily commit this crime at the workplace where he performs the act of working. If the punishment for the crime is a judicial fine, this provision shall not be applied.
The absenteeism of the employee is also contrary to the rules of morality and goodwill. If an employee does not continue his/her work for 2 consecutive working days or 2 times a month, 3 working days after any holiday or 3 working days in a month without the permission of the employer or for a justified reason, this is a justified reason for termination from the employer’s point of view. The aim is the stability of the working order, the continuous execution of the work.
If the employee did not come for reasons such as being sick, testifying, the existence of the employee’s justified reason is indicated. The employee must also inform the employer of the situation when it is based on a justified reason. However, if notification cannot be expected from the employee according to the honesty rule, failure to receive notification will not be a reason for termination from the employer’s point of view for a just reason.
The employee’s failure to perform the act of working also constitutes a violation of the rules of morality and goodwill. If the employee insists on not doing the tasks assigned to him even if he is reminded, this is a justified reason for termination from the employer’s point of view. The employer proves that the employee has been reminded of his/her duty. For this reason, it is useful to make the reminder in writing.
Endangering the employee’s job security and harming the employer is also contrary to the rules of good faith. The situation in which the employee endangers occupational safety due to his own will or work, causes damage and loss to machinery, equipment or other goods and goods that are owned or not owned by the workplace and are unable to pay his thirty-day wage, is regulated as the reason for termination of the employer for a justified reason without notifying HR. This situation is contrary to the duty of care. The defective behavior of the employee must be found, but the harm does not have to occur due to this behavior.
Another reason is the emergence of a compelling reason that prevents the employee from working at work for more than a week. If this reason arises, the employee is paid half a wage for each day during the 1-week waiting period. At the end of this waiting period, the employer may 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 H.R. 17, IT BECOMES A JUSTIFIABLE REASON FOR TERMINATION FOR THE EMPLOYER. THESE NOTIFICATION PERIODS ARE;
a) 2 weeks for employees whose seniority is between December and 6 months Dec,
b) 4 weeks for workers with seniority of 6 months – 1 and a half years,
c) 6 weeks for workers with 1 and a half years of seniority – 3 years,
d) For employees whose seniority is more than 3 years, it is 8 weeks.
In case of immediate (without notification) termination of the above-mentioned employer for a justified reason, these periods shall not be applied.
HOW TO BE DISMISSED FROM WORK WITHOUT COMPENSATION?
The employer who wants to terminate the employment contract for the reasons mentioned above must submit a notice of termination. The Court of Cassation considers that this notification must be in writing. reason for termination must be stated in the termination notification. Failure to comply with the rules of morality and goodwill, etc. the employer who wants to terminate for reasons has to notify the other party of termination within 6 working days from the date of learning about the incident, in any case within 1 year from the date of occurrence of the incident. These periods are unfair periods. However, if the employee has a financial interest in the incident, a one-year period shall not be applied.