Termination of Employment for Just Cause

Termination for just cause allows either party to end the employment contract immediately, without any notice period, where a circumstance of the severity described in the law is present. This distinguishes it from ordinary termination (Article 17), which requires advance notice.

Whether a just cause genuinely existed is examined by the court in any subsequent reinstatement, severance, or notice pay claim; the ground relied upon must meet the severity required by law.

Under Article 24, an employee may terminate the contract for just cause under three main headings. On health grounds, this includes the work becoming dangerous to the employee's health or way of life, or a person the employee is in constant contact with — the employer or another employee — contracting a contagious illness.

Grounds relating to good faith and moral conduct include the employer misleading the employee with false information at the time of contracting, conduct or statements offensive to the employee or their family's honour, sexual harassment, harassment or threats, or wages not being paid in accordance with the law or the contract. A force majeure event preventing work at the workplace for more than a week also gives the employee the right to terminate for just cause.

Under Article 25, the employer's right to terminate for just cause is similarly organised under three headings. On health grounds, this includes absence exceeding three consecutive working days, or five working days within a month, due to an illness resulting from the employee's own fault, or a health board determination that the employee's illness is untreatable.

Grounds relating to good faith and moral conduct include the employee misleading the employer, conduct or statements offensive to the employer or their family's honour, dishonest conduct such as theft or breach of trust, unauthorised and unexcused absence (two consecutive working days, twice within a month following a holiday, or three working days within a month), or committing an offence carrying a non-suspended sentence of more than seven days' imprisonment. Force majeure preventing the employee from working, and detention or arrest exceeding the notice period under Article 17, are among the other grounds available to the employer.

Under Article 26, the right to terminate for just cause must be exercised within six working days of learning of the conduct giving rise to it, and in any case within one year of the conduct occurring; otherwise the right lapses. The one-year limit does not apply where the employee has gained a material benefit from the conduct.

Correctly calculating these periods can be decisive for the validity of the termination; missing the deadline may eliminate the right to terminate for just cause.

Since the terminating party ends the contract without observing a notice period, notice pay generally cannot be claimed in a termination for just cause. Severance pay, however, depends on the ground for termination: where the employee terminates for health or force majeure reasons, or because of the employer's conduct contrary to good faith and moral standards, the employee is generally entitled to severance pay. Severance is also payable where the employer terminates on health or force majeure grounds (Article 25/I and III). Conversely, where the employer terminates due to the employee's own conduct contrary to good faith and moral standards (Article 25/II), the employee is not entitled to severance pay.

Which claims arise in a given case depends on the specific ground relied upon and how it is proven. Working with an İzmir employment lawyer can be useful for managing the termination process and assessing any resulting claims.

Can an employee terminate for just cause if wages are paid late or in part? Under Article 24/II-e, wages not being calculated or paid in accordance with the law or the contract gives the employee the right to terminate for just cause. The Court of Cassation also treats unpaid overtime and social security contributions not declared on the actual wage as falling within this ground. In addition, under Article 34, an employee whose wages remain unpaid twenty days after the due date, absent force majeure, may refrain from performing work.

How should a termination for just cause be made? The law prescribes no particular form for the termination notice; however, giving it in writing, stating the ground clearly and preferably through a notary, makes it easier to prove both compliance with the six-working-day period and the ground itself. After termination, an application for mandatory mediation is required before any lawsuit for severance, notice pay, or other employment claims.

Where are claims arising from termination for just cause heard in İzmir? The mediation application is made to the İzmir Mediation Office; if no agreement is reached, the case is heard by the labour courts at the İzmir Courthouse in Bayraklı. Our office in Konak provides support in labour law matters across İzmir.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy