NEWSLETTER-2019-metin

302 NEWSLETTER 2019 reasons related to capacity or conduct of the employee, the defense of the employee must be obtained in the above-mentioned situations. Termination of Employment Contract for Just Cause due to Health Reasons In the event the continuation of the employment contract has be- come insufferable for the party who requests termination, the right to terminate the employment contract for just cause may be exercised. Reasons for termination of the employment contract are enumerated in the Labor Act numerus clausus . Under the second subparagraph of paragraph (b) of Article 25/1 of the Labor Act, absenteeism of the em- ployee that exceeds the notification period by six weeks is regulated as a reason for termination of the employment contract by the employer for just cause. The Decision evaluates whether there is an obligation to obtain the defense of the employee if the employment contract is terminated for just cause due to health reasons. In the Decision, opinions in the doctrine related to the topic are examined. The opinions evaluated in the decisions are summarized, below. Opinions that Support the Defense of the Employee Not Being Required in the Event the Employment Contract is terminated for Just Cause due to Health Reasons In the Decision, it is stated that according to the prevailing opin- ion in the doctrine, in the event the employment contract is terminated for just cause due to health reasons, obtaining the defense of the em- ployee is not necessary. The opinion that it is not required to obtain the defense of the employee in such a case is based on the regulation and purpose of the Labor Act. Firstly, it is argued that it cannot be inferred that the defense of the employee must to be obtained for every reason for termination with just cause, as only Article 25/II is exempted from the obligation of obtaining the employee’s defense under Article 19/2. Accordingly, it is not possible to reach the conclusion that the legislator, who does not stipulate an obligation to obtain the defense in the event of employee’s conduct against morals and rules of good faith, has aimed to regulate