Termination based on a valid reason
Labor Law No. 4857;
Article 18 – In workplaces employing thirty or more workers, the employer who terminates the indefinite-term employment contract of an employee with at least six months of seniority must rely on a valid reason arising from the employee’s competence or behavior or the requirements of the enterprise, workplace or work. (Additional sentence: 10/9/2014-6552/2 Art.) The seniority requirement is not required for workers working in underground works.
In the calculation of six months seniority, the periods in Article 66 of this Law shall be taken into account.
In particular, the following shall not constitute a valid reason for termination:
a) Trade union membership or participation in trade union activities outside working hours or during working hours with the consent of the employer.
b) Serving as a workplace union representative.
c) Applying to administrative or judicial authorities against the employer in order to pursue his/her rights or fulfill his/her obligations arising from the legislation or contract, or participating in the process initiated in this regard.[6]
d) Race, color, sex, marital status, family obligations, pregnancy, birth, religion, political opinion and similar reasons.
e) Absence from work for the periods stipulated in Article 74 during which women workers are prohibited from working.
f) Temporary absence from work due to illness or accident during the waiting period stipulated in subparagraph (b) of paragraph (I) of Article 25.
Six months seniority of the worker shall be calculated by combining the periods worked in one or different workplaces of the same employer. If the employer has more than one workplace in the same line of business, the number of employees working in the workplace is determined according to the total number of employees working in these workplaces.
This Article, Articles 19 and 21 and the last paragraph of Article 25 shall not apply to the employer’s representatives and assistants who manage and direct the whole enterprise and to the employer’s representatives who manage and direct the whole workplace and have the authority to hire and dismiss employees.
Source: Labor Law No. 4857
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.
