Grounds for Just Cause Termination: The Rights of the Employee and the Employer
- Mine Akpınar
- Sep 25
- 4 min read
One of the most common disputes in working life concerns the manner in which an employment contract is terminated. Under Turkish Labour Law, employment contracts may be terminated for various reasons. Among these, the most debated and frequently litigated situation is termination for just cause.
Termination for just cause is the right of either party to end the employment relationship with immediate effect and without compensation. However, the exercise of this right is conditional upon the existence of just causes expressly enumerated by law. In this article, we examine in detail the grounds for just-cause termination from the perspectives of both the employee and the employer, together with its legal consequences and the key points that require particular attention.
What Is Termination for Just Cause?
Termination for just cause arises in situations where the continuation of the employment contract becomes intolerable due to serious circumstances. The essential point here is that there must be a valid legal ground for termination; termination for just cause cannot be exercised arbitrarily.
Under the Turkish Labour Law, Article 24 regulates the circumstances of just-cause termination by the employee, while Article 25 sets out the grounds for just-cause termination by the employer.
The Employee’s Right to Terminate for Just Cause
In certain circumstances, the employee may immediately terminate the employment contract. The employee’s right of termination for just cause is classified under three main categories:
1. Health-Related Reasons
If, due to the nature of the work, the employee’s health or life is put at risk;
If the employer contracts a contagious disease from individuals with whom the employee is in constant contact,
the employee is entitled to terminate the contract for just cause.
2. Breach of Rules of Morality and Good Faith
Where the employer:
Deceives the employee,
Assaults or sexually harasses the employee or their family members,
Fails to pay wages on time,
Induces the employee to enter into employment through misleading information,
the employee may exercise the right to just-cause termination.
3. Compelling Reasons
If compelling circumstances (such as an earthquake, fire, or epidemic) cause the work at the workplace to be suspended for more than one week, the employee may terminate the contract.
🔹 Conclusion: In the event of termination for just cause by the employee, the employee is not obliged to pay notice compensation and, where the grounds are valid, is also entitled to severance pay.
The Employer’s Right to Terminate for Just Cause
The employer may also terminate the employment contract immediately under certain circumstances. This right is regulated under Article 25 of the Turkish Labour Law.
1. Health-Related Reasons
Where the employee contracts a contagious disease and becomes unable to work for a prolonged period;
Where the employee has a health condition that poses a serious threat to workplace safety;
such circumstances constitute just cause for termination by the employer.
2. Breach of Rules of Morality and Good Faith
Where the employee:
Deceives the employer,
Insults or assaults the honour and dignity of the employer or co-workers,
Commits theft in the workplace,
Is absent without excuse (two consecutive working days or three times within a month without leave),
Endangers workplace safety;
the employer may exercise the right to terminate for just cause.
3. Compelling Reasons
If compelling circumstances beyond the employee’s control prevent them from working for more than one week, the employer may terminate the contract.
🔹 Conclusion: When the employer terminates the employment contract for just cause, the employee is not entitled to notice compensation or severance pay.
The Difference Between Termination for Just Cause and Termination for Valid Cause
Many people tend to confuse these two concepts:
Termination for just cause → Brings the employment relationship to an immediate end without compensation.
Termination for valid cause → Applies to employees under job security protection (e.g., in workplaces with more than 30 employees) and requires compliance with notice periods.
Key Considerations in Termination for Just Cause
Time Limit: The employee must exercise the right of termination within six working days from the date on which the grounds for termination are learned.
Written Notice: Termination must be made in writing, and the reasons for termination must be clearly stated.
Evidence: Particularly in cases of termination for just cause by the employee, evidence is crucial to substantiate the claims (such as message records, witness statements, or medical reports).
Compensation:
Employee’s just-cause termination → The employee is entitled to severance pay and is not liable for notice compensation.
Employer’s just-cause termination → The employer is not obliged to pay either severance or notice compensation.
Practical Examples
Employee’s Just-Cause Termination: An employee whose wages have not been paid for three consecutive months submits a written termination notice and resigns. In this case, the employee is entitled to claim severance pay.
Employer’s Just-Cause Termination: An employee who is absent from work without excuse for two consecutive days may have their employment contract terminated by the employer. In such a case, the employer is not obliged to pay severance or notice compensation.
Termination for just cause is a significant right for both employees and employers. However, it must be exercised correctly and within the prescribed time limits. Otherwise, the termination may be deemed unjust, giving rise to liability for compensation in favour of the other party.
For employees, termination for just cause often serves as a means to secure severance pay; for employers, it constitutes a powerful tool to preserve workplace discipline and safety. Accordingly, it is of great importance that both parties seek legal advice during the termination process.
