The Term/Duration Required for the Termination of Labor Agreement

Abstract

“Statutory limitation–Terms/durations” are not accepted for all terminations to be enforced by employee or employer, which is specified in the 26th article of Labor Law, numbered 4857. The terms specified in the aforementioned article are applicable only on the condition that the labor agreement is canceled by basing upon circumstances, which do not comply with codes of ethics and goodwill and other similar principles. Therefore, a term of 1 year or six business days are not taken into account in case of a termination of labor agreement with any valid reason other than termination by the employer under article 25/II of the Labor Law or termination by the employee under article 24/II of the Labor Law. The terms specified in the aforementioned article cannot be considered also for terminations with a valid reason. Based on the content of the regulations, terminations with a valid reason other than article 24/II of the Labor Law and article 25/II of the Labor Law should be concluded in terms of duration. In this direction, it will be accurate to agree upon the fact that both the employer and the employee can exercise the right of termination as long as the reasons specified in the relevant provision continue under the content of regulations. However, under the content of relevant regulation, reasonable time shall be sought only for the reason of termination with a valid reason included in the article 25/I,a of Labor Law. Similarly, for terminations to be executed with a valid reason, the reasonable time to be determined according to the characteristic of concrete case and qualification of the termination shall be based on. In the scope of our study, the subject was mainly evaluated within the framework of the Labor Law numbered 4857 due to the wide application area, but the term related to termination was also considered as regards other individual labor laws and the Turkish Code of Obligations.