Employee’s Right to Terminate an Employment Contract with Immediate Effect for Just Cause
Article 24 of the Turkish Labour Act regulates an employee’s right to terminate an employment contract with immediate effect for just cause. If an employee exercises this right on one of the statutory grounds, the employee may claim severance pay and other receivables such as unpaid wages, overtime pay, and accrued annual-leave pay. The employee cannot, however, claim notice pay because notice pay generally requires termination by the other party without observance of the applicable notice period.
The employee must exercise the right within six working days after learning of the event giving rise to termination. If the employee does not terminate within this period, the right to rely on that event as just cause may lapse.
Situations in Which the Right May Be Exercised
- The work covered by the contract is dangerous to the employee’s health or life for a reason arising from the nature of the work.
- The employer, or another employee with whom the employee is in close and direct contact, suffers from a contagious illness or an illness incompatible with the employee’s work.
- When entering into the contract, the employer misleads the employee about an essential term by providing false characteristics, conditions, information, or statements.
- The employer makes statements or engages in conduct that attacks the honour or dignity of the employee or a member of the employee’s family, or sexually harasses the employee.
- The employer assaults or threatens the employee or a member of the employee’s family; encourages or incites them to commit an unlawful act; commits an offence punishable by imprisonment against them; or makes serious, unfounded accusations that damage the employee’s honour or reputation.
- The employee is sexually harassed at the workplace by another employee or a third party, reports the matter, and the employer fails to take the necessary measures.
- The employee’s wages are not calculated or paid in accordance with the law and the contract.
- Where piecework or task-based pay has been agreed, the employer supplies insufficient work and does not compensate the resulting difference on a time basis, or fails to apply the agreed working conditions.
- A force-majeure event suspends work at the workplace for more than one week.
When Does the Six-Working-Day Period Begin?
Under Article 26, the period begins when the party entitled to terminate learns of the relevant event. The day on which the event is learned is not counted; the period expires at the end of the sixth following working day. Where the conduct is continuing, the period does not begin to run until that conduct ends. For example, each day of non-payment may constitute a continuing breach.
Are Weekends and Public Holidays Included?
According to the established case law of the Court of Cassation, weekends and public holidays are not included when calculating the six working days.
Is This a Forfeiture Period?
The period in Article 26 is a forfeiture period and the right must be exercised within it. If it is missed, the employee or employer may lose the right to terminate for just cause on the relevant event. Please contact us using the details on our contact page for information about our legal services in employment disputes.