Termination for Just Cause: Under What Circumstances Can an Employee Resign?

An employee terminating their employment contract for a justified reason is an immediately applicable right that can be invoked in the face of concrete and serious violations such as non-payment of wages, humiliating behaviour in the workplace, conditions that endanger health and safety, or the suspension of work for a prolonged period. This decision requires meticulousness in terms of evidence, time limits, and procedure; the text of the Law, frequently encountered situations in practice, rights arising after termination, steps to be followed, and frequently asked practical questions are clearly given below.

Justifiable Grounds for Termination

Labour Law No 4857’According to Article 24 of the Labour Law, whether for a definite or an indefinite period, an employee may terminate the employment contract before the expiry of the contract term or without waiting for the notice period under the circumstances specified below.

Medical Reasons

• If the performance of the work, which is the subject of the employment contract, becomes dangerous to the employee's health or life due to a reason arising from the nature of the work.
• If the employer or another worker with whom the employee is in continuous, close and direct contact contracts an infectious disease or a disease incompatible with the employee's work,.

Conduct Incompatible with Rules of Ethics and Good Faith and Similar Situations

• If the employer misleads the employee at the time the employment contract is concluded by showing false qualifications or conditions regarding one of the essential points of this contract, or by giving untrue information or making false statements.
• If the employer makes remarks or behaves in a manner that undermines the honour and dignity of the employee or a member of their family, or if the employer sexually harasses the employee.
• If the employer harasses or intimidates the employee or one of their family members, or encourages, incites or drives the employee or one of their family members to act against the law, or commits an offence against the employee and one of their family members requiring imprisonment, or makes unfounded, grave accusations or imputations against the employee that damage their honour and dignity.
• Where an employee is subjected to sexual harassment at the workplace by another employee or a third party, and the employer fails to take the necessary measures despite being informed of the situation.
• If the employer does not calculate or pay the employee's wage in accordance with the provisions of the law or the contract terms,
• Where it is agreed that wages shall be paid on a piece-rate or task-basis, and the employer provides the employee with work of a quantity or amount less than they are capable of performing, if the wage difference between the two is not compensated by paying the employee on a time-basis to make up for the shortfall in wages, or if the working conditions are not applied.

Compelling Reasons

If compelling reasons arise in the workplace where the employee works that require the suspension of work for more than a week.

The Legal Source of Just Cause

When the circumstances enumerated in Article 24 are supported by concrete facts, the employee may terminate the contract immediately without waiting for the notice period. Such terminations produce effects in terms of severance pay and workers’ receivables, whereas notice compensation generally cannot be claimed in the event of justifiable termination. The nature of the evidence and the timing are decisive in the decision-making process.

Commonly Encountered Grounds for Justified Termination in Practice

• Failure to pay wages on a regular basis or repeated delays: This is the most common justification. It must be supported by bank statements, payrolls, receipts and correspondence.
• Insults, threats, physical or verbal harassment: Humiliating behaviour originating from a manager or employer, or the failure of the employer to investigate the complaint, constitutes grounds for justified termination.
• Sexual harassment and bullying: If the necessary measures are not taken despite a report of harassment, the right to terminate the contract applies.
• Compromising occupational health and safety: A lack of protective equipment and the failure to address occupation-specific risks; medical reports and expert opinions are important.
• Work being stopped for more than a week: Actual interruptions that occur on a continuous basis may constitute force majeure.
• Fundamental misrepresentation in recruitment: If hidden matters regarding the essence of the work come to light, termination comes to the agenda.