What Is Termination for Just Cause in Turkey? The 6-Business-Day Rule

Termination for just cause allows either the employee or the employer to immediately end the employment contract, without observing any notice period, where serious and significant grounds exist, such as a breach of the rules of morality and good faith.

The Employee's Grounds for Termination for Just Cause

Under Article 24 of Labour Law No. 4857, an employee may immediately terminate the employment contract for just cause on health grounds (where the nature of the work endangers their health), in cases of a breach of the rules of morality and good faith (such as the employer or its representative sexually harassing the employee, or wages not being paid), and where compelling circumstances exist.

The Employer's Grounds for Termination for Just Cause

Under Article 25 of the Labour Law, the employer may immediately terminate the employment contract for just cause on health grounds, for a breach of the rules of morality and good faith (such as the employee insulting the employer or acting disloyally, or persistent absenteeism), for compelling circumstances, or where the employee's absence resulting from detention or arrest exceeds the applicable notice period.

The Six-Business-Day Preclusive Period

Under Article 26 of the Labour Law, the right to terminate for just cause must be exercised within six business days of learning of the event giving rise to the termination; this period is calculated excluding the day the event became known, and weekends and public holidays are not included. For breaches of the rules of morality and good faith, there is also a maximum one-year period from the date the act occurred.

The Consequence of Missing the Period

Because the six-business-day period is preclusive, a termination made after this period has passed may be considered invalid even if based on just cause; in this case, the termination is assessed under the rules for termination for valid reason, and notice pay may arise if the notice period is not observed.

Consequences of Termination for Just Cause

Where termination is for just cause, no notice pay arises in favour of the terminating party; however, where the employee terminates for just cause, the employee becomes entitled to severance pay. Where the employer terminates for just cause, the employee generally cannot receive severance pay (grounds other than a breach of the rules of morality and good faith may be assessed differently).

Practical Recommendations

Establish precisely the date you learned of the event giving rise to just cause, and issue your written termination notice before the six-business-day period expires; document the evidence supporting the termination (witnesses, correspondence, incident reports) thoroughly throughout the process.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.