Employee’s Right to Severance When Committed an Offense Outside the Workplace

The employer has the right to terminate employment immediately based on just cause, without waiting for the notice period, in case of health reasons, situations that do not comply with the rules of morality and goodwill, compelling reasons and the detention of the worker for a reason outside the workplace occur, as stated in Articles 25/1- 2- 3-4 of the Labor Law. 

The Labor Law does not specifically mention the procedures that need to be followed in case the worker is convicted for a crime committed outside of the workplace. However, the worker will not be able to fulfill his/her job by being absent due to detention. In this case, as stated in İK25/4 (in case the employee is detained or arrested, in case the absence exceeds the notification period in Article 17, the employer may terminate the employment contract before the end of the period or without waiting for the notification period).

If the absenteeism of an employee who is detained or arrested for an act outside the workplace exceeds the notice period determined by the employee’s seniority, the employee’s employment contract may be terminated by the employer. However, as a result of this termination, the employer will need to compensate the employee with severance pay.

The notice period is regulated by Article 17 of the Labor Law. According to this;

2 weeks for a worker working less than 6 months
4 weeks of a worker working from 6 months to 1.5 years
6 weeks for a worker working from 1.5 to 3 years
8 weeks for a worker working more than 3 years

However, if the parties have mutually agreed to increase the notice period, calculations will be made according to the agreed periods.

In this case, if an employee who has been working in a workplace for 1 year is absent for 4 weeks as a result of detention due to an action outside the workplace, the employer will be able to terminate the employment contract immediately after the 4-week notice period expires. Along with the termination, the employee should be paid severance pay as well as additional wages and annual leave fees, if applicable.

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