Employee's Right To Terminate An Contract For Just Cause

The ability of an employee to terminate their employment relationship instantly, without giving notice, is a critical component of labor law in Turkey. Governed by Article 24 of the Turkish Labor Law (4857), this right not only protects workers from unjust working conditions but also establishes clear obligations for employers. In this article, we will explore the legal framework, practical implications, and the process of exercising the right to immediate termination for just cause.

Understanding the Employee's Right to Immediate Termination

Article 24 of the Turkish Labor Law provides employees with the right to dissolve their employment contracts immediately under certain circumstances. This right is designed to safeguard employees from situations that compromise their health, personal integrity, or financial interests.

It is important to note that this right applies to both fixed-term and indefinite-term employment contracts. The distinction between contract types does not affect the employee's ability to terminate their contract for just cause.

Legal Grounds for Immediate Termination by the Employee

Health-Related Reasons

An employee may terminate their contract immediately if:

• The nature of the work poses a direct and significant threat to the employee's health or life.
• The employer or another employee with whom the worker must regularly interact contracts a contagious or otherwise incompatible disease.

Case Example:
If a factory worker develops a respiratory illness directly attributable to hazardous substances used in the production process, and the employer fails to mitigate these risks, the worker is entitled to immediate termination for just cause.

Breaches of Ethics and Good Faith

Employees are also entitled to terminate their contracts without notice if the employer engages in behavior that violates standards of honesty and decency, including but not limited to:

• Misrepresenting essential elements of the employment contract at the time of hiring.
• Insulting or degrading the employee or their family, or engaging in sexual harassment.
• Encouraging the employee or their family to commit illegal acts, or subjecting them to threats.
• Failing to protect the employee from harassment by others in the workplace after being informed of such conduct.
• Not paying the employee's wages in accordance with the law or contractual terms.
• Providing less work than agreed, resulting in wage shortfalls, or failing to uphold agreed working conditions.

Illustrative Scenario:
If an employee's salary is consistently paid late or not in full, or if the employer manipulates wage payments to underreport contributions to social security, the employee has the right to terminate the contract immediately and may claim severance pay if other conditions are met.

Force Majeure Situations

If unforeseen circumstances force a workplace closure or prevent work for more than one week, employees are legally permitted to end their employment relationship immediately.

Example:
A natural disaster that shuts down a company's operations for several weeks without alternative arrangements may constitute a force majeure, justifying immediate termination by employees.

Time Limits for Exercising the Right of Immediate Termination

The right to immediate termination for just cause must be exercised within specific timeframes:

• For breaches of ethical and good faith provisions, the employee must act within six business days of becoming aware of the incident.
• In any case, the right expires one year after the event occurs, unless the incident involves the employee gaining material benefit, in which case the one-year limit does not apply.

Failure to adhere to these time limits can result in the forfeiture of the right to immediate termination for just cause.

Consequences of Termination for Just Cause

When an employee terminates their contract for just cause:

• The employer is obliged to pay any outstanding rights, including severance pay if eligibility criteria are met.
• The employee is not entitled to notice pay, as the contract ends without notice.
• Eligibility for unemployment benefits may be affected depending on the termination code used for registration with the Turkish Employment Agency (İŞKUR). While initial applications may be rejected, a favorable mediation or court decision can restore eligibility.

Practical Note:
Although written notice is not legally required for an employee to exercise this right, providing a written statement is highly recommended for evidentiary purposes.

Practical Information for Employees

Employees considering immediate termination for just cause should:

• Document circumstances: Gather evidence of the breach (e.g., medical reports, unpaid wage records, or written complaints about workplace misconduct).
• Notify the employer: While oral notification is valid, written notification is advisable.
• Observe deadlines: Act within the prescribed timeframes to avoid losing the right.
• Seek legal advice: Consulting with a labor law professional may help clarify individual rights and ensure compliance with procedural requirements.

Checklist:

• Determine if the situation meets the legal criteria for just cause.
• Collect supporting documents and evidence.
• Provide written notification to the employer.
• Record the date of becoming aware of the breach to calculate relevant deadlines.
• Consider mediation or legal proceedings to secure severance or unemployment benefits if necessary.

Conclusion

The right of employees to terminate their employment contracts for just cause is a fundamental safeguard in Turkish labor law. By understanding the grounds for immediate termination, observing procedural requirements, and taking practical steps to protect their interests, employees can effectively exercise their rights while ensuring compliance with legal standards. Employers, in turn, should be aware of their obligations in such situations to avoid disputes and potential liabilities.

References:

• Turkish Labor Law No. 4857, Articles 24, 26
• Relevant court decisions and legal commentaries on employment termination