NEWSLETTER-2019-metin

301 LABOR LAW Termination of Employment Agreement for Just Cause due to Health Reasons Under Article 18 of Labor Act numbered 4857 (“Labor Act”), “the employer who terminates the employment contract of an em- ployee engaged for an indefinite period, (…), must depend on a just cause for such termination connected with the capacity or conduct of the employee, or based on the operational requirements of the estab- lishment or service”. Article 19 of the Labor Act (“Article 19”) regulates that the employment of an employee who is engaged under a contract for an indefinite term shall not be terminated for reasons related to the work- er’s conduct or performance before the worker is given an opportunity to defend himself/herself against the allegations made. However, the employer’s right to break the employment contract in accordance with Article 25/II of the Labor Act (Article 25/II), which regulates malicious or immoral behavior of the employee, is reserved. In other words, in cases regulated under Article 25/II, obtaining the employee’s defense is not required. In this scope, in the event that the absenteeism of the employee, based on a medical report due to long-lasting illness, exceeds the waiting period under Article 18(3)(f) of the Labor Act (exceeds the notifications periods designated under Article 17 of the Labor Law by six weeks), the employer may terminate the employment contract for just cause. In addition, even if the total period, as stated in the medical reports obtained by the employee, does not exceed the notification periods under Article 17 of the Labor Act by six weeks, frequent ill- ness is counted as a reason for termination of employment for just cause under the preamble of Article 18 of the Labor Act. Thus, in the event frequent illness of the employee continuously adversely affects the performance of the employee, the employer may terminate the employment contract for just cause. In light of the explicit provision of Article 19 that regulates the obligation of obtaining the defense of the employee when exercising the right to terminate the employment contract for just cause due to