Immediate Termination for the Absence Exceeds Latency Time

A Decision of Joint Chambers of the Supreme Court (the “Decision”) with 2017/9 E. and 2018/10 K. Numbered, has been published on the 09.05.2019 dated and 30769 numbered Official Gazette.

The related Decision is about unification of different judgements made by different chambers of the Supreme Court regarding the topic of whether one shall take a defense letter from the employee when immediate termination of the labor contract under 25/1(b) Art. of the Labor Law. According to this, the employer shall terminate the labor contract with a valid reason if the absence of the employee exceeds 6 weeks added to the notification period because of health issues.

Thus, the employer can terminate immediately the labor contract without taking the defense of the employee if the absence of the employee arising from health issues which are made with taking a health report under the Art. 25/1(b), exceeds 6 weeks added to the notification period.

You may reach the full Turkish text of the related decision here.

Category Labor Law

• 

• Notification!

  The content in this article is for general information purposes only and belongs to CottGroup^® member companies. This content does not constitute legal, financial, or technical advice and cannot be quoted without proper attribution.

  CottGroup^® member companies do not guarantee that the information in the article is accurate, up-to-date, or complete and are not liable for any damages that may arise from errors, omissions, or misunderstandings that the information may contain.

  The information presented here is intended to provide a general overview. Each specific case may require different assessments, and this information may not be applicable to every situation. Therefore, before taking any action based on the information provided in the article, it is strongly recommended that you consult a competent professional in the relevant fields such as legal, financial, technical, and other areas of expertise. If you are a CottGroup^® client, do not forget to contact your client representative regarding your specific situation. If you are not our client, please seek advice from an appropriate expert.

  To reach CottGroup^® member companies, click here.