NEWSLETTER-2019-metin

303 LABOR LAW an obligation to obtain a defense in other cases of termination for just cause based on health reasons, force majeure, custody or arrest. Defenders of this opinion argue that the reason Article 19(2) only refers to Article 25/II is that the referenced Article also regulates ter- mination reasons based on behavior of the employee 2 . Moreover, it is suggested that in the event of absenteeism due to health issues, there is no purpose in obtaining the defense of the employee. According to this opinion, there is no additional informa- tion regarding the case that could be retrieved from the defense of the employee. As well, the reason for the absenteeism of the employee can be understood from the medical report. Thus, it is not required to obtain the defense of the employee in consequence of the principle of interpretation according to the purpose of the provision 3 . Lastly, it is asserted that the last paragraph of Article 25 of the Labor Act does not refer to Article 19 which regulates the requirement to obtain the defense of the employee; thus, Article 25 of the Labor Act that regulates the right of termination of the employment contract by the employer for just cause does not regulate the requirement to obtain the defense of the employee 4 . Opinions that Support Obtaining the Defense of the Employee in the Event the Employment Contract is terminated for Just Cause due to Health Reasons Opinions that support obtaining the defense of the employee in the event the employment contract is terminated for just cause due to health reasons are essentially based on the fact that there is no explicit 2 Süzek, Sarper : İş Hukuku, 16th ed., Ankara 2018, p. 707-708. 3 Doğan Yenisey, Kübra : “ İş İlişkisinin Sona Ermesi ve Kıdem Tazminatı ”, Yargıtay’ın İş Hukuku ve Sosyal GüvenlikHukukuKararlarınınDeğerlendirilmesi (Assessment), İş Hukuku ve Sosyal Güvenlik Derneği, Seminar, Ankara 01-02 December 2017, p. 531-532; Çelik, Nuri / Canikoğlu, Nurşen / Canbolat, Ta- lat: İş Hukuku Dersleri, 31st ed., Istanbul, 2018, p. 603; Astarlı, Muhittin : “ İş İlişkisinin Sona Ermesi ve Kıdem Tazminatı ”, Yargıtay’ın İş Hukuku ve Sosyal Güvenlik Hukuku Kararlarının Değerlendirilmesi, İş Hukuku ve Sosyal Güvenlik Derneği, Seminar, Istanbul, 25-26 November 2016, p. 256. 4 Şenocak, Kemal / Kılıçoğlu, Mustafa : İş Kanunu Şerhi, 1st ed., Istanbul, 2008, p. 1286.