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.

Author CottGroup Hukuk ve Mevzuat Ekibi, Category Labor Law

• 

• Notification!

  Contents provided in this article serve to informative purpose only. The article is confidential and property of CottGroup^® and all of its affiliated legal entities. Quoting any of the contents without credit being given to the source is strictly prohibited. Regardless of having all the precautions and importance put in the preparation of this article, CottGroup^® and its member companies cannot be held liable of the application or interpretation of the information provided. It is strictly advised to consult a professional for the application of the above-mentioned subject.

  For each concrete situation, it is strongly advised to seek guidance from a professional advisor. If you are a customer of ours, please consult with your customer representative before taking any action related to the announcement. If you are not a customer, seek advice from an expert.