As an employee-employer dispute that we have encountered frequently recently, it is important for the staff working in the call center to leave their jobs. People who cannot get a job in their field of business due to the conditions of the day prefer full- and part-time jobs in call centers. When a worker starts this job, he can carry the goals of getting a job from his profession or making a living during his student period.
Banks, on the other hand, start working by providing short-term training to this cheap labor force. However, the signed employment contract binds the employee in the long term.
The employee is intimidated by criminal conditions that have no validity in a legal sense, and the employee remains forced to work despite the fact that he wants to leave this field of work, which he does not like, does not want to work, even though he has a valid reason.
By protecting the employee who is at a lower level in front of the employer, the Labor Law has invalidated the criminal condition that the employer does not impose any burden and only imposes a burden on the employee’s side. In this sense, especially in the employment contracts organized by banks, the penal clause determined for the employee who leaves the job before the 2-year period expires will be invalid.
The execution of the work, which is the subject of the employment contract between the employee and the bank, may become dangerous for the health and life of the employee due to the nature of the work. Dec. Interviews conducted during the study can negatively affect the mental life of the employee and even reach the extent of receiving psychological assistance.
Labor Law 24. according to the article “If the performance of the work that is the subject of the employment contract is dangerous for the health or life of the employee for a reason arising from the nature of the work”, the termination of the employee’s employment contract is considered justified. This situation is regulated in the law under the title of health reasons for the termination of the employee’s employment contract with just cause.
Again, with the provision of the same article, “If the employer or another employee with whom the employee constantly meets and meets closely and directly becomes infected with an infectious disease or an illness incompatible with the employee’s job”, the existence of a just cause should also be accepted when the employee leaves work for this reason.
Even if the employee encounters a situation that does not comply with the rules of morality and good faith, the termination of the employment contract will be for a just reason. If the employer misleads the employee about the essential points of the employment contract, or if the employee’s salary is not calculated or paid in accordance with the provisions of the law or the terms of the contract, these situations also justify termination. The legislator did not consider it sufficient that the wage of this worker was the same as determined in the contract, he wanted it to be a wage calculated in accordance with the law.
Paid pay per piece or on the amount of work, and in cases where the employer Decrees that the employee is given less work than the number and amount he can do, the wage difference between them is paid on a time basis, if the employee’s missing wages are not met, or if the working conditions are not applied, this will also be a justified reason for termination.” In cases where the wage is decided to be paid per piece or on the amount of work that the employee can do, the difference between the wages is paid on a time basis, or if the working conditions are not applied.
Accusations and accusations that are offensive to honor and dignity, as well as sexual harassment bets, have also been regulated in the article on justified termination.
Cases that do not comply with the rules of morality and good faith are not limited to those listed in the law. Numbered cases and cases that may be considered similar to these cases will justify termination for the employee. In addition to all these cases, if “compelling reasons arise that require the employee to stop work for more than a week at the workplace where he works”, this will also be a justified reason for termination. Oct.
In the presence of any of these existing conditions, the employee will be able to terminate the employment contract without waiting for the expiration of the employment contract and without having to comply with any notification period. Despite the occurrence of these conditions, the request to pay punitive conditions from the employee in case of preventing the termination of the employment contract or terminating the employment contract for such a reason is also not accepted in a legal sense.