What is the result of absenteeism in Turkish Labor Law?

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devamsizlik

You can be dismissed without receiving severance pay due to unexcused absence from work for certain periods.  

Employees may miss some work days for various reasons that may be excused or unexcused. As absenteeism affects the productivity of a company, employer has the right to terminate the employment contract with just cause.

As per Labor Law 4857, Article 25/II, the employer may break the contract, whether for a definite or indefinite period, before its expiry or without having to comply with the prescribed notice periods

 g); If, without the employer’s permission or a good reason, the employee is absent from work

  • for two consecutive days
  • or twice in one month on the working day following a rest day 
  • or on three working days in any month

If employee has an excusable reason for his absence, he is obliged to submit document of proofs, such as sick report and so on. Otherwise employer may dismiss the employee without paying any notice or severance pay. In this case employee may file a lawsuit against employer to prove that his absence is in justifiable grounds.  However lawsuit must be filed within 10 years (statute of limitations) after being dismissed.

CONDITIONS OF SEVERANCE PAY IN TURKEY

According to article 14 (still in effect) of Former Law no. 1475, employees are granted severance pay under certain conditions. Accordingly:

Provided that the period of employment with the same employer is minimum 1 year, and if the employment contract is terminated for the following reasons, severance pay will be granted to the employee as required by the period of employment:

1- By the Employer, for reasons outside of good faith and compliance with ethical conduct,

2- By the Employee, for reasons of health, good faith and violation of ethical conduct or cessation of business in the workplace,

3- For military service,

4- Upon qualifying for retirement or completion of the period of insurance and days covered by a premium required within the same scope,

5- When the female employee gets married,

6- Employee's death.

In addition, article 14 of the Labor Law no. 1475 stipulates that those who leave the job to receive an invalidity pension and those who complete the period of insurance except age and days covered by a premium in order to qualify for an old age pension and then voluntarily leave the job will receive severance pay.

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