Social Security Institution Introduced New Codes for Termination

For all rightful terminations made by employers pursuant to Article 25/2 of the Labor Law (“Labor Law”) numbered 4857, the termination code was being notified as “29–Termination by the employer due to the behavior of the employee against the rules of morality and goodwill” to the Social Security Institution (“SSI”).

However, with the circular numbered 2021/9 published on 1 April 2021 (“Circular”), the SSI removed the code “29–Termination by the employer due to the behavior of the employee against the rules of morality and goodwill” from the table of reasons for termination in the circular numbered 2013/11, and instead determined different codes for each different subclause of Article 25/2 of the Labor Law:

42 If, when the contract was concluded, the employee misleads the employer by falsely claiming to possess qualifications or to satisfy requirements which constitute an essential feature of the contract, or by giving false information or making false statements.

Article 25/2/a

43 If the employee gives any speech or acts that constitutes an offence against the honor or dignity of the employer or a member of the employer’s family, or makes denouncements or groundless accusations against the employer that offend the employer’s honor and dignity.

Article 25/2/b

44 If the employee sexually harasses another employee of the employer.

Article 25/2/c

45 If the employee assaults or threatens the employer, a member of employer’s family or a fellow employee, or if the employee comes to work while drunk or under the effect of drugs, or consumes alcohol/drugs at the workplace.

Article 25/2/d

46 If the employee commits a dishonest act against the employer, such as a breach of trust, theft or disclosure of the employer’s trade secrets.

Article 25/2/e

47 If the employee commits a crime at the workplace which is punishable with seven days’ or more imprisonment without probation.

Article 25/2/f

48 If, without the employer’s permission or a just reason, the employee is absent from work for two consecutive days, or twice in one month on the working day following a rest day or on three working days in any month.

Article 25/2/g

49 If the employee insists on refusing to perform his/her duties despite being warned.

Article 25/2/h

50 If either willfully or negligently the employee endangers the safety of work or damages the machinery, equipment or other articles or materials under the employee’s care, whether these are the employer’s property or not, and the damage cannot be offset by the sum of the employee’s wage for thirty days.

Article 25/2/ı