Apart from Article 25 of the Labour Law No. 4857, some regulations in other laws also give the employer the right to terminate the employment contract in Turkey immediately and without compensation.
One of these regulations is Article 28 of the Occupational Health and Safety Law No. 6331 entitled “Prohibition of using addictive substances”. According to the article, it is generally forbidden to come to the workplace drunk or intoxicated and to use alcoholic or narcotic substances in the workplace, and the employer has the authority to determine in what cases, at what time and under what conditions alcoholic beverages can be consumed in the parts considered as workplace annexes. However, the prohibition of drinking alcoholic beverages shall not apply to those who work in workplaces where alcoholic beverages are produced and who are assigned to supervise the production as a requirement of the job, those who have to drink alcoholic beverages as a requirement of the job in workplaces where alcoholic beverages are sold or drunk in closed containers or openly, and those who have to drink alcoholic beverages with customers due to the nature of their job.
In case of non-compliance with these prohibitions, the employer has the authority to terminate the employment contract in Turkey immediately and without compensation.
According to Article 68 of the Law No. 6356 on Trade Unions and Collective Labour Agreements, workers whose employment contracts are suspended due to a legal strike and lockout cannot work for another employer during the strike and lockout. Otherwise, the employment contract of the employee may be terminated by the employer for just cause. However, it is possible for workers working with part-time employment contracts to work in the workplace of another employer, provided that they do not exceed the time to complete the legal weekly working period. According to Article 70 of the same law, in the event of an illegal strike, the employer may terminate the employment contract in Turkey of the employees who participate in the decision to strike, encourage the strike, participate in the strike or encourage the participation or continuation of the strike for just cause.
Some regulations that give rise to the obligation rather than the right to terminate the employment contract are included in the Law No. 5580 on Private Education Institutions. The regulations in Articles 9 and 10 of the aforementioned Law obliges the private education institution to terminate the employment contract in Turkey of the relevant person when the acts are proven to have occurred. According to Article 9 of the Law, the first of these cases is that the personnel commits an act that requires the penalty of suspension of progression according to the Civil Servants Law No. 657. According to the provision of the article, if this act is committed, the penalty of deduction from the salary (wage) will be applied first, and in case of repetition, the duty of the relevant person will be terminated by the authorising authority. Again, according to Article 9, in the event that the teaching staff employed in a private education institution commits an act or a situation that requires the penalty of dismissal from the civil service according to the Civil Servants Law No. 657, or dismissal from the profession according to the Law No. 1702 on the Promotion and Recognition of Primary and Secondary Education Teachers, the duty of the personnel is terminated by the authority granting the permit, taking the opinion of the Ministry of National Education.
Furthermore, according to Article 10, the work permit of the relevant administrator, teacher, specialist instructor and master instructor whose failure is determined by the inspection report twice or in cases where it is deemed inconvenient to continue the service in accordance with Article 9 of the law, the work permit of the relevant administrator, teacher, specialist instructor and master instructor will be cancelled by the authority issuing the permit, and the situation will be notified to the institution to be notified to the relevant person. The said notification shall constitute a sufficient reason for the termination of the employment contract and the dismissal of the relevant person from the institution. Furthermore, Article 10 of the Law authorizes the relevant governorate to suspend the managers, teachers, expert instructors and master instructors of the institution during the inspection and supervision of the institutions, in cases deemed necessary, and imposes the obligation to take the necessary measures by temporary assignment in this case.
