16 Jan Can The Employee Be Dismissed Without Compensation?
The birth of the justified reasons necessary for the employer to dismiss the employee and not pay compensation shall not terminate the employment contract. The dismissal of the employee by the employer (termination of the employment contract for justified reason) terminates the contract with a unilateral declaration of will. In favor of this right (the employer or employer) must exercise this right. The party wishing to exercise this right must make a written notice of termination and clearly state the reason for termination.
The reasons for dismissing the worker who is regulated by the law without compensation (rightful termination) are as follows;
UNEMPLOYMENT OF THE LABOR FOR THE CAUSES OF HEALTH
The worker is sick or injured by his own defective movement; health reasons. Accordingly, if the employee suffers from a disease or disability arising from his / her own caste or uncluttered life or drink, then the employment contract may be terminated if the absenteeism lasts more than 3 working days or more than 5 working days in a month. The indulgence of nightlife can be an example of not being tidy.
Keeping the worker in untreated disease; health reasons. Evidence of the inconvenience of the disease in the workplace where the worker is kept in the workplace is made by the Health Board. In this case, the fault of the worker will not be considered.
Carry out sickness, accident, birth or pregnancy without any fault of the worker; The last is the cause of health. If the worker is ill or has an illness or an accident, or if pregnancy or childbirth occurs, the right of termination of the employer arises after 6 weeks exceeding the notice period specified in HR 17 according to the time of the worker’s work. In the case of birth and pregnancy, this period begins with the end of the 16-week period given by the law.
UNEMPLOYING THE WORKER UNTIL THE WORKING UNDER THE RULES OF ETHICS AND LAW
Worker’s fraudulent behavior; violations of the rules of morality and good faith. If the employer asserts that qualifications that are not present at the time of the contract of employment are found in him, or by providing unreal information, the employer is mistaken, the reason for termination for the employer is justified. This misunderstanding must be made on the essential points of the contract. The fraud should be made in order to establish the contract.
The words and behaviors of the worker who will touch the honor and honor of the employer; morality If the employer, in his employer’s employer’s family, makes any statements or acts to honor his honor or honor, or if he commits any allegations of dishonorable denial and dignity to the employer, the reason for termination is justification.
The worker’s sexual harassment to another worker is the reason of termination due to failure to comply with the code of ethics. Such harassment does not necessarily have to be carried out in the workplace. Even if the order is shaken out of the workplace, it is justified cause of termination.
The employee’s malpractice or alcohol addiction is also the reason for termination due to violation of the rules of morality and good faith. The employer may terminate the employment contract without notice if he or she sucks to employer or one of his family or another worker. The terms of the Turkish Penal Code are not sought. It must be carried out by the workers themselves. The taunting of the worker’s family does not justify the reason for termination. For example, curse is swearing. In addition, if the worker comes to work with drunk or drugs, or if they use these substances in the workplace, they are justified cause of termination.
The employee’s right to work in a way that does not comply with accuracy and loyalty is a reason for termination. According to this, the employer, the employer to misuse the trust, theft, the employer to reveal the secrets of the profession, such as accuracy and loyalty to behave in a manner that does not comply. It is one of the cases that do not comply with the rules of morality and good faith. These cases were not specified in a limited number, sampling was made. For example, the guardian worker sleeping during duty is incompatible with accuracy. In these cases, there is often a violation of loyalty.
The offense in the workplace of the worker is incompatible with the rules of morality and good faith. It is therefore necessary for the employee to commit an offense which is punishable by imprisonment of more than 7 days in the workplace and is not postponed. Workers must commit this crime at the work place where they perform their work. If the penalty for criminal offense is a judicial fine, this provision shall not apply.
The absenteeism of the worker is incompatible with the rules of morality and good faith. If the employee does not continue to work for 2 working days in a row or 2 working days on a working day or 3 working days in a month without the consent of the employer or based on a justified reason, it is the reason of termination for the employer. The stability of the purpose working order is the continuous execution of the work. If the worker child did not come for reasons such as sickness or witnessing, it is mentioned that there is a just cause of the worker. When the worker relies on just cause, he must inform the employer of the situation. However, the employee cannot be expected to comply with the rules of integrity.
THE OWNERSHIPS WILL BE PROVIDED FOR THE EMPLOYER, WHEN THE INFLUENCE OF THE LABOR IS UNDERSTANDED OR CONSTITUTED, THE CONSEQUENTIAL DAY IS A REASONS FOR TERMINATION. THESE TERMINATION PERIODS;
a) Seniority for workers between 0-6 months, 2 weeks,
b) 4 weeks for workers whose term is 6 months-1 and a half years,
c) 6 weeks for workers aged 1 and a half years-3 years;
d) 8 weeks for workers whose seniority is more than 3 years.
These periods shall not be applied in the event of immediate termination of the above-mentioned employer.
HOW IS THE WORKER REMOVED UNLIMITED?
The employer who wants to terminate the employment contract due to the reasons mentioned above has to declare a termination. The Court of Cassation considers that it should be written in this declaration. The reason for termination should be indicated in the declaration. The employer who wishes to terminate on the basis of non-compliance with the rules of morality and good faith, must declare termination to the other party within 6 years from the date of the event. These deadlines are the entitlement periods. However, a one-year period is not applied if the employee makes a financial benefit from the event.
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