Can the Employer Dismiss the Employee Without Any Reason?
Article 18 of the Labor Law no 4857 refers to the grounds for the termination of the labor agreement without a good reason.
1- Should there be a good reason in order to terminate the labor agreement?
In workplaces where 30 or more than 30 employees work, the employer should base the termination of permanent employment contract on a good reason.
These reasons can be derived from
1.1- The inability of the employee
1.2- The behaviors of the employee
1.3- The terms of establishment, workplace or business.
***Seniority requirements are not required for employees who work in underground works. That means working 6 months is not compulsory.
2- Which reasons are not regarded as valid reasons?
2.1- Union membership or doing a union activity after hours or doing a union activity within office hours (with the consent of the employer).
2.2- Being a union representative of the workplace.
2.3- Taking legal actions or going to administrative authorities against employer in order to protect one’s regulatory and contractual rights or fulfill one’s obligations and participate in these processes.
2.4- Race, color, gender, marital status, family commitments, pregnancy, maternity, religion, political view and so on.
2.5- Absenteeism during maternity leave stated in article 74 and period when it is forbidden to employ female workers.
2.6- Temporary absenteeism in waiting period indicated in the employer’s right of immediate termination for justifiable reasons stated in article 25 of the Labor Law.
***6-month seniority of the employee is calculated by uniting the working times spent in one workplace or the other workplaces of the employer. Working hours spent in the different workplaces of the employer should be regarded as one workplace.
***If the employer has more than one workplace in one sector, the number of employees in the workplace will be determined according to the total number of employees in these workplaces.
