If an Employer Dismisses Employee by Claiming that Employee Disobeys Good Will and Ethics, Is He Supposed to Pay Seniority Indemnity in Turkey?

17.10.2017

Employee has no right to get seniority indemnity. Because in repealed article 14 of the Labor Law numbered 1475, if employer terminates labor agreement because of reasons stated in clause II of the article 25 of the Law numbered 4857, he/she should pay seniority indemnity to the employee.

Article 14 of the Labor Law numbered 1475 – If labor agreement of employees who are subjected to this law is terminated;
1. Because of reasons except from ones stated in clause II of article 17 of this Law;
2. (By the employee) in accordance with article 16 of this Law;
3. Because of military service;
4. Because of old age, retirement or disabled pension or in order to get lump sum payment from their own legal institutions and funds;
5. If an employee leaves his/her job willingly, by fulfilling insurance period and days for premium payment in order to get old age pension according to some conditions except from estimated ages; and if a woman willingly terminates her labor agreement within one year after the date of marriage or an employee passes away, the employer should pay seniority indemnity for each year, during when labor agreement has been active since the beginning of the employment. That amount should be 30-day fee for each year.

Article 25 of the Labor Law numbered 4857 – (II) – The situations and similar conditions that are against good will and ethics are indicated below;
a) When employee misleads his/her employer by telling nonrealistic data and words, by claiming that he/she has required qualifications for the important issues of the business even though he/she does not possesses required qualifications.
b) When employee says or acts against one of employer’s family members’ honor and reputation or gives unfounded notification and defames his/her employer.
c) When employee abuses another employee(s) in the office.
d) When employee teases his/her employee or one of employer’s family members or other employee(s) and when employee come at work woozily or by getting drugged and when he/she uses these kinds of drugs.
e) When employee acts against integrity and loyalty, like breach of faith, robbery, revealing employer’s trade secrets.
f) When employee commits a crime in the office and receives imprisonment more than 7 days (however, the sentence shouldn’t be postponed.)

Source: Labor Law