In what cases can the employer rightfully terminate the contract?
The Labor Law grants both the employee and the employer the right to terminate the contract for just cause in certain cases. In this blog post, we will examine in detail the situations in which the employer can rightfully terminate the contract.
Reasons for Justified Termination by the Employer:
In Article 25 of the Labor Law, justified termination reasons for the employer are regulated under 3 headings:
1. Health Reasons:
• If the employee’s health condition prevents him from working at the workplace, the employer may rightfully terminate the contract.
• In this case, a medical report showing that the employee’s health condition prevents him from working at the workplace must be submitted to the employer.
2. Situations that do not comply with the rules of morality and good faith:
• Situations such as the employee behaving immorally, stealing in the workplace, or harassing colleagues or customers give the employer the right to terminate with justification.
• In such cases, the employer must rely on concrete evidence and document the negative effects of the employee’s behavior in the workplace.
3. Compelling Reasons:
• If sudden and unforeseen events such as fire, earthquake, flood or natural disasters such as machine malfunctions occur in the workplace, the employer may rightfully terminate the contract.
• In this case, the incident must make it impossible to work at the workplace and prevent the employer from operating the workplace.
Points to be Considered in Justified Termination by the Employer:
• If the employer wants to terminate the contract for justified reason, he must do so without delay.
• Notification of termination must be made in writing and the reason for termination must be clearly stated.
• If the employer provides unrealistic or misleading information in the termination notice, the employee may file a lawsuit for compensation against the employer.