Termination of Employment Contract and its Legal Framework
Termination of an employment contract means the termination of the employment relationship by the employee or employer. However, if this termination is not based on a legitimate reason, it is considered as “unfair termination”. Unfair termination is termination made for reasons other than those regulated in Articles 24 and 25 of the Labor Law and gives rise to the employee’s right to compensation. The employer’s termination of an employment contract without a legitimate reason not only constitutes a violation of job security, but also grants the employee financial rights such as severance and notice pay. In accordance with the principle of protecting the employee, termination of an employment contract can only occur under the conditions stipulated in the law.
In what cases does unfair termination occur?
The employer's dismissal of an employee without a written warning, without a valid and justified reason, such as the unproven termination of claims of poor performance, absenteeism or creating problems at work, is considered unfair termination. Similarly, the dismissal of employees who exercise their legal rights such as pregnancy, union membership, and overtime requests are also considered unfair termination. The employer's arbitrary behavior violates job security and gives the employee financial rights. In the event that the employee terminates the employment contract, if the employer's behavior harms the employee's personal rights, health and dignity, this is also considered a justified termination and entitles them to compensation.
Severance Pay Rights and Conditions
Severance pay is paid if the employee has worked for the same employer for at least one year and the employment contract is unfairly terminated by the employer. In addition, severance pay is also earned in cases such as retirement, military service, marriage (for female employees), and death. The severance pay amount is calculated based on 30 days of gross wages for each year the employee has worked. This wage includes regular bonuses, premiums, meals, and roadside assistance as well as the basic salary. One of the problems frequently encountered in practice in workplaces in Antalya is that these payments are incomplete or not made at all. In this case, the employee can apply to the labor court and file a debt claim.
Notice Compensation and Notification Periods
If the employment contract is made for an indefinite period, the parties must notify the other party before terminating the contract. In the event of termination without notice, notice compensation will arise. These periods vary according to the seniority of the employee: 2 weeks for those who have worked for less than 6 months, 4 weeks for those who have worked for 6 months to 1.5 years, 6 weeks for those who have worked for 1.5 years to 3 years, and 8 weeks for those who have worked for more than 3 years. If the employer dismisses the employee without waiting for these periods, he/she must pay notice compensation in return. The same right applies to the employee; if the employee leaves without complying with the notice period, he/she is obliged to pay notice compensation to the employer.
Non-pecuniary Damages and Violation of Personal Rights
Practices such as mobbing, psychological pressure, insults, slander, gender discrimination, and humiliation in the workplace can not only lead to the termination of the employment relationship, but also to moral damages. If the employee has been subjected to such behaviors that violate his/her personal rights, he/she can claim moral compensation. The employer's humiliating, degrading or discriminatory behaviors are accepted as grounds for moral compensation in the courts. Such demands are frequently brought to the agenda in the lawsuits filed in Antalya Labor Courts and decisions are made in favor of the employees.
Reinstatement Case and Time Limits
An employee who is unfairly dismissed may file a reinstatement lawsuit within the scope of job security. For this, there must be at least 30 employees working at the workplace and the employee must have at least 6 months of seniority. In addition, the employee must be working on an indefinite-term contract. Mediation must be applied for within 1 month of the notification of termination, and if an agreement cannot be reached, a lawsuit must be filed within 2 weeks of the last report. If the court does not find the employer's reason for termination valid, it will decide to reinstate the employee and, if the employee is not reinstated, it will award compensation in the amount of at least 4 and at most 8 months' wages.
Explanations on Frequently Asked Questions
Can an employer fire an employee on the grounds of “poor performance”? However, the poor performance must be documented and the employee must have been warned. Otherwise, termination on this grounds is considered unfair.
Is a termination without obtaining the employee's defense valid? According to the Labor Law, termination without granting the employee the right to defense is irregular. This situation will be resolved in favor of the employee in the courts.
Can an employee receive compensation if they resign? If the conditions for justified termination are met, for example if the employer does not pay wages, the employee can resign for justified reasons and be entitled to compensation.
Which court should an employee whose employment contract has been terminated apply to? If an agreement cannot be reached after applying to mediation, the employee can file a lawsuit with the Antalya Labor Courts.
How long can compensation be claimed? The statute of limitations for severance and notice compensation is 5 years. At the end of this period, no claim can be made.
Lawyer Mediator Billur Güler Aslım provides professional legal consultancy services in Antalya in order to protect the legal rights of workers in the field of labor law and to prevent loss of rights, and meticulously carries out the litigation processes from beginning to end against the unfair practices of the employer. In the event of unfair termination of the employment contract, obtaining legal support as soon as possible is of great importance both in terms of protecting compensation rights and in ensuring that the worker emerges from the exhausting processes with minimum damage.