Ending an employment contract in Turkey is subject to strict legal requirements designed to protect both employers and employees. While employers have the right to terminate a contract, they must ensure that the reason for dismissal is lawful and properly documented.
This article explains what termination for just cause in Turkey means, the conditions under which it can occur, and the procedures employers must follow to remain compliant with Turkish labor law.
1. Legal Framework for Termination in Turkey
The rules governing termination are primarily found in Turkish Labor Law No. 4857, which defines different types of employment termination and sets the conditions for each.
Under this law, an employment contract can be ended:
- By mutual agreement,
- By the employee, with or without cause,
- By the employer, either for a valid reason (ordinary termination) or for just cause (extraordinary termination).
A termination for just cause allows an employer to dismiss an employee immediately, without notice or severance pay — but only in specific and legally recognized circumstances.
2. What Is “Termination for Just Cause” in Turkey?
Termination for just cause in Turkey refers to an employer’s right to immediately end the employment contract when the employee commits a serious violation that breaches the foundation of the employment relationship.
Unlike an ordinary termination, which requires prior notice, just cause termination is immediate and does not require advance warning. However, the employer must have clear evidence that the dismissal meets one of the legally defined just causes under Article 25 of the Labor Law.
3. Categories of Just Cause Termination
Article 25 of the Turkish Labor Law outlines four main categories under which an employer may legally terminate an employment contract for just cause.
a. Health Reasons
The employer can terminate the contract if:
- The employee’s illness or disability prevents them from performing work for an extended period;
- The condition poses a risk to workplace safety or other employees, confirmed by a medical report;
- The absence continues beyond the legal or contractual period specified for unpaid leave due to illness.
However, employers cannot dismiss employees for temporary sickness or maternity leave, as these are protected periods.
b. Acts of Immorality or Misconduct
This is one of the most common grounds for termination for just cause in Turkey. Examples include:
- Providing false information during hiring;
- Breach of confidentiality, theft, or fraud;
- Verbal or physical harassment of co-workers or superiors;
- Serious insubordination or deliberate damage to company property;
- Absence without justification for two consecutive days or more;
- Violation of workplace ethics or behavior damaging to the company’s reputation.
These reasons must be supported by concrete evidence (e.g., witness statements, camera recordings, written warnings).
c. Acts Affecting Workplace Safety or Disruption of Operations
If an employee’s actions endanger the safety of others or disrupt business operations—such as violating safety rules, using alcohol or drugs at work, or causing deliberate accidents—the employer may terminate immediately.
d. Force Majeure or Imprisonment
Termination for just cause can also occur if:
- A force majeure event prevents the employee from working for more than one week; or
- The employee is imprisoned and unable to perform their duties for a prolonged period not due to negligence of the employer.
4. Procedure for Termination for Just Cause
Although just cause termination allows immediate dismissal, Turkish law still requires employers to follow strict procedural steps to ensure the termination is legally valid.
Step 1: Investigation
The employer must investigate the alleged misconduct or violation. All facts should be documented — including employee statements, witness reports, and written evidence.
Step 2: Decision Within Six Days
According to the Labor Law, the employer must make the decision to terminate within six working days after learning about the cause and no later than one year after the incident occurred.
Step 3: Written Notice
Even in just cause cases, termination must be communicated in writing, stating the specific reason clearly and precisely. Vague or general justifications may invalidate the termination.
Step 4: Documentation and Archiving
All evidence and documents supporting the dismissal should be kept in the employee’s file. These may be requested during a potential lawsuit or inspection.
5. Employer’s Obligations After Termination
Although termination for just cause releases the employer from paying severance or notice compensation, certain obligations still remain:
- Payment of accrued wages and any unused annual leave;
- Delivery of the employment termination notice to the employee;
- Updating social security (SGK) records to reflect the end of employment;
- Issuance of the work certificate (işten ayrılış belgesi).
Failure to meet these obligations can result in administrative penalties, even if the termination itself was lawful.
6. Employee’s Right to Challenge Termination
An employee who believes their dismissal was unjustified has the right to challenge it through:
- Mandatory mediation (a pre-litigation step), and
- Labor courts, if mediation fails.
If the court determines that the termination was not based on a legitimate just cause, the employer may be ordered to:
- Reinstate the employee, or
- Pay compensation equivalent to up to 8 months’ salary plus other benefits.
Therefore, it is vital for employers to ensure that every termination for just cause in Turkey is legally grounded and procedurally correct.
7. Difference Between “Just Cause” and “Valid Reason” Termination
It’s important to distinguish between:
- Termination for Just Cause (Article 25): Immediate dismissal without notice or severance, due to severe misconduct or breach.
- Termination for Valid Reason (Article 18): Dismissal based on operational needs, performance issues, or economic reasons — requiring notice and, in some cases, severance pay.
Foreign employers often confuse these two categories. Misclassifying a “valid reason” as “just cause” can expose the company to lawsuits and compensation claims.
8. Best Practices for Employers
To manage employment termination lawfully and avoid disputes:
- Always document misconduct and collect evidence.
- Conduct internal investigations before making a decision.
- Issue written warnings when possible.
- Ensure termination letters cite the specific clause of Article 25 relied upon.
- Seek guidance from an HR legal advisor or Employer of Record (EOR) familiar with Turkish labor law.
By following these practices, employers can ensure compliance and reduce the risk of costly legal challenges.
Ending an employment contract for legitimate reasons is a serious legal act in Turkey, requiring careful adherence to labor laws and procedural fairness.
Termination for just cause in Turkey allows employers to protect their business integrity in cases of severe misconduct or breach of trust. However, misuse of this right can lead to significant legal and financial consequences.
Employers—especially foreign companies hiring in Turkey—should work with local payroll and HR experts or an Employer of Record (EOR) to ensure that dismissals are executed lawfully, documented properly, and aligned with both legal and ethical standards.