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Legal Alerts

21/05/2019

Termination Of Employment Agreement Due To Absenteeism

Legal Alerts
Employment
General

Recent Development

The Supreme Court General Assembly of Civil Chambers on the Unification of Decisions ruled in its decision dated October 19, 2018 and No. 2017/9 E. – 2018/10 K. that employers are not required to obtain employees’ defenses before terminating their employment agreements for just cause if the employees’ illness-related absenteeism is longer than the waiting period provided under the Labor Code. The decision was promulgated on the Official Gazette on May 9, 2019.

Conclusion

The employment field had continuing discussions on the necessity of employers obtaining the employees’ defenses for termination of their employment agreements for just cause if the employees’ illness-related absenteeism is six weeks longer than their notice period.

Pursuant to the decision of the Supreme Court General Assembly of Civil Chambers on the Unification of Decisions, employers are no longer required to obtain employees’ defenses before terminating their employment agreements for just cause if the employees were absent due to illness for an additional six weeks after the end of their notice period.