Labour Law No. 4857 allows either party, in certain circumstances, to terminate an employment contract, whether fixed-term or indefinite, without waiting for the term to expire or for a notice period. The employee’s right is set out in Article 24 and the employer’s in Article 25.
Termination by the employee
An employee may terminate immediately for health reasons, for conduct by the employer contrary to morality and good faith, and for force majeure preventing work for more than one week. The most common grounds in practice are late payment of wages, unpaid overtime, under-reported social security premiums and workplace harassment.
An employee who terminates for just cause is entitled to severance pay if they have at least one year of service, but cannot claim notice pay.
Termination by the employer
An employer may terminate immediately where the employee is unable to work for an extended period for health reasons, engages in conduct contrary to morality and good faith (such as breach of loyalty, absenteeism or persistent refusal to perform duties), in cases of force majeure, and where the employee’s detention exceeds the notice period.
An employee dismissed under Article 25(II) is not entitled to severance pay, which makes the burden of proof and documentation decisive.
Time limits
The right to terminate for conduct contrary to morality and good faith must be exercised within six working days of learning of the conduct and, in any event, within one year of the act (Article 26). The one-year limit does not apply where the employee obtained a financial benefit. Missing the deadline defeats the just cause claim and renders the termination unjustified.
Checklist for employers. Record the incident in minutes, obtain the employee’s written defence, state the grounds clearly and specifically in the termination notice, and track the six-working-day limit from the date of knowledge.
If a dispute arises
Mediation is mandatory before filing claims for receivables or reinstatement arising from termination. Documentary support for the just cause directly determines the outcome, both in mediation and at trial.
Relevant legislation
- Labour Law No. 4857, Arts. 24, 25, 26
- Former Labour Law No. 1475, Art. 14 (severance pay)
- Labour Courts Law No. 7036, Art. 3 (mandatory mediation)
Relevant decisions
- Court of Cassation, 9th Civil Chamber — settled practice that the six-day period runs from knowledge of the body authorised to terminate
This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific circumstances.
