ERDEM-NEWSLETTER-2018-metin

348 NEWSLETTER 2018 tion obligation of the employer in order to determine whether or not there is a valid reason for its employee’s absence. Conclusion The contradictory Supreme Court decisions oblige us a detailed legal evaluation in each case. A defense statement is the corner stone of a lawful termination decision. Within this scope, the content and the timing of the defense statement request, and the evaluation of the defense bearing the facts of the situation, play a crucial role. If these stages are fulfilled prudently, the employees’ rights, arising from the labor law, are protected, and the employers are not faced with unex- pected compensation and litigation costs. Thus, in order to prevent and/or decrease conflicts arising from the labor law, the termination procedure shall begin with preparing a proper defense statement re- quest, and each case shall be evaluated, in detail, in accordance with the legal provisions and jurisprudence.