Employment Termination

Introduction

The legal requirements for terminating an employment relationship, as well as the outcomes of such termination, differ depending on several factors, such as whether the employment contract is fixed-term or open-ended, whether the employer or the employee terminates it, and whether it is closed for good cause or without cause.

Unless otherwise noted, the termination of employment in this article will be considered in terms of open-ended contracts, as this is the most common type of work relationship in Turkey.

We will dive into employer and employee rights to be able to understand the sustainability of Manufacturing Turkey with this article.

Without Cause Termination

Employers and workers who want to fire an employee for no cause are obligated by law to give each other a termination notice by following the minimum time frames set out in the legislation.

Due to the length of service provided by the employee, notice periods vary. The minimal notice periods listed below may be extended solely in the employee’s favor by agreement.

PERIOD OF SERVICE

PERIOD OF NOTICE BEFORE TERMINATION

During the notice period, the employer must give the employee a leave of absence for at least 2 hours per day during office hours to look for new employment. The employee has the right to take all of their daily hours of leave at once, as long as the employer is notified in advance and the accumulated time is taken on the days leading up to the day the employment ends.

On the other hand, an employer has the right to terminate an employment contract with immediate effect if the employee is compensated in advance for the wage that the employee would have received throughout the applicable notice period.

On the other hand, fixed-term contracts have no notice because they are automatically terminated at the end of the stated period.

Termination Due to Good Reason

A party can end the employment contract without sending the notice or observing notice periods if certain situations listed in the legislation occur. The terminating party, of course, has a good cause and is not required to give notice pay.

A. Termination of Employees

In the event of the following circumstances, the employee may terminate the contract, whether fixed-term or open-ended, instantly and without notice:

Reasons Associated with Health

(a) Performing contractual responsibilities put the employee’s health or life in jeopardy due to the nature of the job, and

(b) the employee’s employer or a coworker with whom they have regular, close, and direct contact has been infected with severe contagious disease.

Unethical behavior

(a) At the time of contracting, the employer misleads the employee by providing incorrect information or making false claims about critical terms and circumstances of employment.

(b) The employer does anything or says something that offends the employee’s or a member of the employee’s family’s honor and dignity.

c) The employee is subjected to sexual harassment by the employer.

(d) The employee or a member of the employee’s family is assaulted or threatened by the employer.

(e) The employer encourages, induces, or coerces the employee or a member of the employee’s family to engage in illegal behavior.

(f) The employer commits a felony against the employee that carries a sentence of imprisonment.

(g) The employer makes baseless and severe claims against the employee, causing the employer’s honor or dignity to be harmed.

(h) An employee is sexually harassed by a coworker or a third party, and the employer fails to take appropriate action despite the employee’s notification.

The employer fails to calculate or pay the employee’s wages following the law and the employment contract conditions.

Other Reasons

The occurrence of a compelling incident warrants a more than a one-week interruption of work at the workplace.

B. Termination by the Employer

In the event of the following situations, the employer may cancel the contract, whether fixed-term or open-ended, immediately and without notice:

Reasons Associated with Health

(a) The employee is absent from work for three days in a row or a total of more than five days in a month due to a sickness or accident caused by the employee’s negligence, a careless lifestyle, or an alcohol addiction.

(b) A hospital’s medical board determines that the employee’s disease is incurable and that their medical condition is inconvenient for work.

Unethical behavior

(a) At the time of contracting, the employee misleads the employer by providing false information or making misleading claims to appear competent in the employer’s eyes in terms of meeting the essential job criteria.

(b) The employee does anything or says something that offends the employer’s or a member of the employer’s family’s honor and dignity.

(c) The employee makes baseless claims against the employer, causing the employer’s honor or dignity to be harmed.

(d) The employee engages in sexual harassment of a coworker.

(d) The employee assaults or threatens the employer, a family member of the employer, or a coworker.

(f) The employee is under the influence of alcohol or drugs when they arrive at work or utilize alcohol or drugs while at work.

(g) the employee conducts a dishonest act against the employer, such as a breach of trust, theft, or trade secret disclosure.

(h) The employee commits a criminal offense at work that carries a minimum sentence of seven days in jail without the possibility of probation.

I the employee is absent from work without permission or for the reason that is not justified;

• Working in the office for two days in a row, or

• Three days in the office per month, or

• On the first business day after a holiday, twice a month.

(j) After being warned, the employee refuses to complete their obligations.

(k) The employee jeopardizes job security or causes damage or loss to machinery, equipment, or other items or materials that cannot be recovered with an amount equal to the employee’s 30 days’ wage by deliberate or careless acts or omissions.

After six days from the date, the employer learns of the unethical behavior. In any case, after one year from the date of the dishonest conduct, the right to terminate an employee cannot be exercised. The one-year limit does not apply, however, if the employee receives a monetary benefit.

Another

(a) The employee is arrested, and their absence lasts longer than the applicable notification time listed in the table above.

(b) a compelling incident occurs that stops the employee from working at the workplace for more than one week.

Termination for Good Reason

Employers with more than 30 employees have the exclusive right to terminate employment for a legal reason, provided the contract is open-ended and the employer has completed at least six months of service.

Either the employee or the employer can provide a good cause.

Reasonable cause originates from the employee’s inadequacy or attitude, such as underperformance, inefficiency, negligent behavior, hostility, lack of harmony, and so on.

Reasonable cause for the employer comes as a result of workplace or commercial requirements. Economic hardship, technical changes, organizational restructuring, and the closure of workplaces or parts of activities are all viable reasons.

In writing, the employer must tell the employee and follow the notice periods outlined in the table above, just as they would if they were fired without cause. The reason for termination should be stated clearly and precisely in the termination notification.

When an employee’s job is to be terminated due to inadequacies or attitude, the employee must be given a written warning and the opportunity to improve their performance or mood. Furthermore, before commencing the termination process, the employer must get a written defense from the employee.

Termination of Mutual Interest

Employers and employees can mutually agree to end the employment relationship at any time. In practice, parties generally conform to a written rescission protocol that includes the employee’s leave date, confidentiality and non-competition agreements, contractual pay, and other advantages.

Compensations mandated by law.

The law establishes two types of compensation: notice pay and severance pay, intending to safeguard employees who have worked for a specified amount of time.

Pay for Notification

Unless the employee leaves within the trial period stipulated in the contract, the terminating party must reimburse the other party with notice pay if the notification periods as specified in the table above are not met.

The amount of notice pay is determined by the employee’s length of service. The employee’s weekly gross wage is multiplied by the required notice term to calculate notice compensation. When calculating notice pay, the employee’s most recent salary is taken into account.

The terminating party must pay notice pay on the following situations if the notification periods are not followed:

a. The firing of an employee without cause

c. An employer’s unjustified dismissal, and

c. The employer’s termination is for a good reason.

Severance Compensation

When an employee leaves a position, the employer must give severance pay if the person has worked for the company for at least one year.

The amount of severance compensation is determined by the employee’s length of service. The calculation is based on the employee’s gross salary for the previous 30 days for each year since the start of employment. For any year of employment not completed, severance pay will be prorated depending on the number of days the employee is employed. When calculating severance pay, the employee’s most recent wage is taken into account.

On the following occasions, the employee is usually entitled to severance pay:

• Male employees leaving owing to mandatory military duty,
• Resignation of female employees within one year of their marriage date,
• The employee’s retirement (to receive an old age, retirement pension, or disability allowance from the Social Security Institution),
• Upon the employee’s death (payable to the employee’s heirs),
• Employee termination due to reasonable cause
• Employer-sanctioned termination for a good cause (except for reasons related to unethical behavior of the employee),
• The employer’s termination for a good reason, and
• Employer-initiated dismissal without cause.

In conclusion, with all the details in-law side of defining the responsibilities Employer and Employment Parties to each other, we would say Investment in Turkey, Manufacturing Turkey would give a chance of huge profitability.

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