Dismissal in Turkey: what you need to know
The Turkish Labor Code provides that the employer can sign a fixed-term or indefinite contract with the employee.
The fixed-term contract ends automatically when it comes to an end.
Regarding the open-ended contract, the termination can occur by the will of both parties, by resignation or by dismissal in Turkey.
Dismissal in Turkey in accordance with Article 18 of the Turkish Labor Code
Within the framework of article 18 of the Turkish Labor Code, the employer must justify his intention of dismissal in Turkey by a real and serious cause corresponding to the professional inadequacy or to the behavior of the employee which is not in conformity with the needs of the company, the workplace or the workstation itself.
The dismissal in Turkey entitles the employee according to the labor code, article 18, to financial compensation; seniority compensation, notice, unused annual leave (if any), overtime (if any)
On the other hand, employees who have worked less than one year are not entitled to seniority compensation or annual leave.
The company employing thirty or more than thirty employees which dismisses one of these employees who has worked 6 or more than 6 months and which does not justify its intention to dismiss by a real and serious cause risks encountering a work reinstatement action.
Dismissal in Turkey in accordance with Article 25 of the Turkish Labor Code
Article 25 of the Turkish Labor Code does not grant any right to the employee in the event of a dismissal for serious or gross negligence, neither notice nor seniority compensation. The presence of the employee in the company is considered a risk for its proper functioning and even for the safety of the personnel. Termination of the employment contract may take place in the following cases in accordance with article 25:
Health reasons
• If the worker is the victim of a non-occupational illness or infirmity, if he is unfit. If he is an alcoholic and disturbs his entourage if his prolonged absence or his repeated absences disturb the functioning of the company.
• If it is determined by a Board of Health that the employee’s illness is incurable and he is declared unfit and if there is an inconvenience for the employee to continue working for the company for health reasons.
• The right to dismiss an employee in addition to the reasons stated in the first paragraph for reasons of illness, accident, childbirth and pregnancy etc.; exist if this state lasts for 6 weeks after the period of notice indicated in article 17. In the case of childbirth or pregnancy, this period begins at the end of the periods mentioned in article 74. On the other hand, for the period during which the employment contract is suspended, the employee does not receive a salary.
Immoral behavior of the employee or contrary to good faith
• Mislead his employer on a quality or conditions which constitute one of the essential points of the employment relationship, by false or inaccurate information.
• Words or behavior harming the reputation or honor of the employer or his family or false statements or accusations harming the reputation or honor of the employer.
• Sexual harassment of an employee by another employee.
• Moral harassment by an employee against the employer or against a member of his family or against another employee, showing up at the workplace drunk or under the influence of a narcotic or using its products in the company.
• Behavior contrary to veracity and fidelity such as breach of trust, theft, declaring confidential company information
• Committing an offense by an employee which results in a penalty of more than 7 days of imprisonment and which cannot be adjourned.
Notice periods
In accordance with the notice periods determined by the code, the employment contract is considered terminated according to:
2 weeks, from the notification, for the employee who has worked less than 6 months,
4 weeks, from the notification, for the employee who has worked between 6 and 18 months,
6 weeks, from the notification, for the employee who has worked between 18 months and 3 years,
8 weeks, from the notification, for the employee who has worked for more than 3 years.
In the event that the employer does not respect the notice indicated by law to terminate the employment contract, it would be an abusive termination.
The employer can decide to exempt the employee from working by paying him the notice, by notifying his decision in writing.
The trial period
According to article 15 of the labor code, a trial period can be determined by the parties for a maximum duration of 2 (two) months. This trial period of 2 months can be extended or renewed if only it is indicated in the collective labor agreement. During this period, the parties may terminate the contract without notice or compensation.
