NEWSLETTER-2019-metin

300 NEWSLETTER 2019 Decision of the General Assembly on the Unification of Judgments Regarding Termination of Employment Agreement due to Absenteeism* Att. Hande Pat Introduction In the decision of the Court of Cassation General Assembly on the Unification of Judgments (“General Assembly”) numbered 2017/9 E. and 2018/10 K. (“Decision”) 1 , it was decided that in the event an employment contract is terminated for just cause when an employee’s illness-related absenteeism exceeds the notification period by six weeks, the employer is not required to obtain the employee’s defense. This decision of the General Assembly has ended the discussion in the doctrine and the practice regarding the obligation of obtaining the employee’s defense in the event of termination of the employment for just cause due to health reasons. In this article, firstly, the topic of right of termination of the employment by the employer due to health reasons will be briefly explained, and then the aforementioned decision of the General Assembly and the preamble of the decision will be evaluated. Right of the Employer to Terminate Employment Agreement due to Health Reasons Absenteeism of the employee due to health reasons may consti- tute both a reason for termination of the employment for just cause, and termination of the employment for just cause. These two situa- tions are evaluated, below. * Article of May 2019 1 OG, No. 30769, 09.05.2019.