labor contract termination with just cause

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If the parties have a valid reason for terminating the employment contract, they may do it immediately.

Introduction :

One of the grounds for termination expressly listed in Articles 24 and 25 of the LC exists, the parties to an employment contract with a defined or indefinite term may terminate the contract without complying with the notice periods, this sort of termination is also known as “instant termination.” It’s worth noting that the lawful termination of employment control is governed differently for employees and employers. The grounds for rightful termination for employees are regulated by Article 24 of the LC, whereas the grounds for rightful termination for employers are regulated by Article 25 of the LC.

Termination Of The Contract By Employees

Article 24 of the LC, which governs the grounds for legitimate termination of employees, divides them into three categories:

  • Health Concerns
  • Situations That Violate Moral Principles And Good Faith.

Health Concerns

Health difficulties may be utilised as a legal basis for an employee terminating his or her employment contract in a variety of ways (Art. 24/I). For example, an employee may terminate his or her employment contract if the execution of his or her work endangers his or her health or life for whatever reason. The employee has the right to terminate the contract regardless of whether or not that cause could have been anticipated at the time the contract was signed.

Furthermore, if the employer, his representative, or another employee with whom he or she has direct or indirect contact is infected with an infectious disease or a disease that makes it impossible for him or her to perform his or her duties, the employer, his representative, or another employee with whom he or she has direct or indirect contact may terminate this contract of employment.

Situations That Violate Moral Principles and Good Faith

In all the below-mentioned cases, the employee can terminate the contract immediately with just cause.

  • When an employer misleads an employee regarding an important aspect of the contract by erroneously misrepresenting work conditions or giving him/her misleading information after the contract is signed ( 24/2-(a) LC). • when an employer talks or acts in a manner that is an offence against the employee’s or a member of the employee’s family’s honour or reputation, or when the employee experiences sexual harassment (Art. 24/2-(b) LC).
  • when an employer teases or threatens the employee or a member of his/her family, encourages them to commit an illegal action, commits an offence against them, which requires imprisonment; or makes a serious and groundless dishonourable accusation against the employee ( 24/2-(c) LC).
  • Where an employee is sexually harassed at work by another employee or a third party, and the employer fails to take necessary measures to prevent recurrence of such events after being told ( 24/2-(d) LC ) It’s worth noting that if the employer engages in sexual harassment, the employee has the right to cancel the contract with just reason. If sexual harassment occurs in the workplace and is perpetrated by another employee or a third party, the employee can terminate the contract with reasonable cause only if the employer fails to take necessary measures to prevent recurrence of such instances, even though HC/She was told.
  • When an employer fails to calculate an employee’s wage or pay his or her image, including premiums, bonuses, in-kind benefits, and overtime payments” in compliance with the law and the contract’s conditions (Art. 24/2-(c) LC). As previously established, the parties are free to adjust working conditions at any time. Employers, on the other hand, are not above unilaterally decreasing employee wages. According to Article 22 of the LC, any change in working conditions by the employer can only be implemented after the employee has been given written notice. Changes that are not by this procedure or that are not acknowledged in writing by the employee within six working days are not binding for the employer. As a result, if the employer pays the employee less than the agreed-upon wage, the employee has the right to terminate the contract without cause.
  • When an employee is paid a fixed piece rate or a task rate, and the employer assigns the employee fewer pieces or a smaller task than specified in the contract, and the employer refuses to cover the employee’s deficits or continues to fail to implement the stipulated working conditions ( 24/2-(I) LC).

Act of Providence

A providential act is an unforeseen, uncontrollable external event such as a fire, flood, or earthquake. Any act of providence that forces the employee’s workplace to be closed for more than one week authorises the employee to terminate the contract with reasonable cause (LC Art. 24/3).

  1. Termination of the Contract by Employers
  2. Health Issues

Because of his or her willful activities, irregular life, or drunkenness, an employee may contract an illness or become incapacitated. In such instances, if the employee is absent for three consecutive workdays or more than five workdays in any month, the employer has the right to terminate the employment contract for reasonable cause.

Another risk is that an employee contracts an incurable sickness. If a health committee concludes that the sickness is incurable and incompatible with the employee’s job tasks, the employer has the option to terminate the employee’s employment contract immediately.

In instances of illness, accident, confinement, or pregnancy, the employer has the right to terminate the work contract if the situation lasts for more than six weeks after the notice periods specified in Article 17 of the LC (Art. 25/I LC). For example, an employee with one year of seniority has a four-week notice period. If this employee is sick for a total of ten weeks (4+6), the employer has the right to terminate the employee’s employment contract for cause.

  1. Situations that are Against the Moral Rules and Good Faith

According to Article 25/2 of the LC, there are situations under this category.

  1. If an employee deceives the employer by pretending to have the qualifications or conditions for a contract’s fundamental characteristic, or by providing misleading information or making false claims ( 25/2-(a) LC). (For example, if an employee claims to have advanced foreign language skills but does not, the employer has the right to terminate the contract without cause.
  2. If an employee speaks or acts in a way that is offensive to the employers or a member of the employer’s family’s honour or dignity. Making a significant and baseless dishonest accusation against the employer is also a valid grounds for the employer’s termination (Art.25/2-(b)LC).
  3. If one of the employer’s employees sexually harasses another. Furthermore, the victim of harassment does not have to be another employee of the company, according to Supreme Court precedent (Art. 25/2-(c)LC). The Supreme Court has determined that an employee’s sexual harassment of an intern is also a valid grounds for immediate dismissal.
  4. If an employee teases the employer, a member of the employer’s family, or another employee; or when an employee arrives at work inebriated or under the influence of a substance (at. 25/2-(d) LC).
  5. If an employee commits a dishonest act against the employer, such as a breach of trust, theft, or disclosure of the employer’s trade secrets (Art. 25/2-(e) LC);
  6. If an employee commits a crime punishable by more than seven days in prison that cannot be suspended (Art. 25/2-(f) LC);
  7. If an employee is away without the employer’s consent or without a good reason for two consecutive workdays, or for Evo days on the workdays following a rest day in one month, or for three workdays in one month (Art. 23/2-($) LC). Illness or disability can be used as a justification. However, as previously stated, if an employee is absent for three consecutive workdays or more than five workdays in any month due to illness or disability that is the result of his or her deliberate acts, irregular life, or drunkenness, the employer has the right to terminate the contract with just cause.
  8. If an employee refuses to perform his or her duties despite being reminded of them ( 25/2-(h) LC), when an employee jeopardises work safety, or when an employee damages machinery, facilities, objects, or materials that belong to the workplace or are in the employee’s care even if they do not belong to the workplace, and the damage cannot be compensated by an amount equal to thirty days of his or her wage (Art. 25/2-(h) LC),

In all the above cases, the employer may terminate the contract of employment for just cause.

 Absence due to an Arrest or Detention

When an employee is absent for more than the notice period (specified in Article 17 of the LC) due to arrest or incarceration, an employer will be authorised to terminate the contract of employment immediately for reasonable cause.

Absence due to detention or arrest

When an employee is absent for more than the notice period (specified in Article 17 of the LC) owing to an arrest an employer will be authorised to terminate the contract of employment immediately for reasonable cause.

Termination Procedure With Just Cause.

After six working days from the day of learning that the incident has occurred, the right to cancel the contract with fair cause based on circumstances that do not meet with the moral principles and good faith established in Articles 24/II and 25/II may not be exercised. In any situation, the parties must exercise their right to cancel the contract within one year of the action’s completion. If the employee achieves a financial profit, however, the one-year limit does not apply (LC Article 26/1).