The Employee’s Right to Immediately Terminate the Employment Contract for Just Cause
The employee’s right to immediate termination for just cause is regulated by Article 24 of Labor Law No. 4857. The provisions of the aforementioned article are listed under the headings “health reasons,” “cases of non-compliance with the rules of morality and good faith and similar cases,” and “compelling reasons.” The law also states that the employee who is granted the right to terminate the contract immediately for just cause is not distinguished between fixed-term or indefinite-term employment contracts and that this right can be exercised in all cases.
Circumstances giving rise to the right of immediate termination for health reasons:
a) If the performance of the work covered by the employment contract poses a danger to the employee’s health or life due to the nature of the work.
b) If the employer or another employee with whom the employee is in close and direct contact on a regular basis contracts an infectious disease or a disease incompatible with the employee’s work.
Situations that violate the rules of morality and good faith and similar situations:
a) If the employer misleads the employee by presenting false qualifications or conditions regarding one of the essential points of the employment contract at the time the contract is concluded, or by providing information or making statements that are not true.
b) If the employer makes statements or behaves in a manner that damages the honor or reputation of the employee or a member of their family, or sexually harasses the employee.
d) If an employee is sexually harassed at the workplace by another employee or third parties and the employer fails to take necessary measures despite being notified of the situation.
e) If the employer does not calculate or pay the employee’s wages in accordance with the provisions of the law or the terms of the contract.
f) If it is agreed that wages will be paid on a piecework or job basis, but the employer gives the employee less work than they are capable of doing, and the difference in wages is not paid on a time basis to compensate the employee for the wages they have not received, or if the working conditions are not applied.
Compelling reasons:
If compelling reasons arise at the workplace where the employee works that require the work to be suspended for more than one week.
In the event of the above circumstances, the employee has the right to terminate the employment contract immediately without complying with the notice period.