Calculators
Just Cause Termination Deadline Calculator (6 Working Days)
To exercise the right to terminate for just cause, one of the grounds listed in Articles 24 or 25 of the Labour Act must apply, and the six-working-day limitation period from learning of the ground must be observed.
Bu araç, somut olayın haklı fesih sayılıp sayılmayacağına karar vermez. Hangi hükmün tartışılacağını ve süre bakımından geç kalınıp kalınmadığını gösterir. Haklılık değerlendirmesi delil durumuna, işyeri uygulamasına ve içtihada göre değişir. Resmî tatil takviminde yalnızca sabit tarihli bayramlar gözetilir; dinî bayramlara denk gelen günler hesaba katılmamıştır.
How Are Grounds for Just Cause Termination Classified?
Act No. 4857 sets out the employee's grounds for just cause termination in Article 24 and the employer's in Article 25; both articles use a similar classification of health grounds, breaches of good faith and morality, and compelling reasons. The employer's just cause grounds also include a separate category for the employee's absenteeism (Article 25/II-g).
Burden of Proof in Just Cause Termination
The party relying on a just cause ground bears the burden of proving it exists. If the terminating party cannot substantiate the alleged ground with concrete evidence (witnesses, correspondence, medical reports, etc.), the termination is treated as unjustified and the other party may claim notice pay and, where applicable, severance pay.
The Form of the Termination Notice
Notices required under Act No. 4857 must in principle be given in writing (Article 109); a just cause termination should therefore, where possible, be given in writing stating the ground relied on, for evidentiary purposes. An oral termination can also be valid, but proving the ground and the date afterwards becomes harder.
Bad-Faith Compensation
For employees outside the scope of job security protection (for example, where fewer than thirty people work at the workplace, or the employee has under six months' seniority), if the employer terminates the contract by abusing the right of termination, the employee is paid bad-faith compensation equal to three times the notice period (Article 17 of Act No. 4857). This is a separate entitlement, independent of severance and notice pay.
Just Cause Termination vs. Valid-Reason Termination
Just cause termination (Articles 24/25) rests on a serious ground listed in the law and takes effect immediately, without waiting for the notice period. Valid-reason termination is available to the employer for employees covered by job security protection, based on a lesser ground relating to the employee's competence or conduct, or to operational requirements, and observes the notice period (Article 18). Termination without a valid reason exposes the employer to a reinstatement action; a just cause dispute instead turns on whether the ground actually existed.
Grounds for Just Cause Termination (Summary)
| Party | Article | Example Ground |
|---|---|---|
| Employee | Art. 24/I — Health | The work becomes dangerous for the employee's health or life |
| Employee | Art. 24/II — Breach of good faith and morality | Unpaid wages, sexual harassment, mistreatment by the employer |
| Employer | Art. 25/II — Breach of good faith and morality | Breach of the duty of loyalty, theft, abuse of the employer's trust |
| Employer | Art. 25/III — Compelling reason / absenteeism | Unexcused absence for two consecutive working days, or three in a month |
Just Cause Termination vs. Valid-Reason Termination
| Criterion | Just Cause (Art. 24/25) | Valid Reason (Art. 18) |
|---|---|---|
| Severity of ground | Serious (health, good faith/morality, compelling reason) | Lesser (competence, conduct, operational needs) |
| Notice period | Not observed, immediate | Observed |
| Time to exercise | 6 working days, 1 year outer limit (Art. 26) | No fixed limit, but must be within a reasonable time |
| Reinstatement risk | None (if just cause exists) | Yes — a reinstatement action is available without a valid reason |
Source Legislation
The links below go to the official, current text of the law on the Turkish Presidency's Legislation Information System.
Last updated: September 11, 2026
Frequently Asked Questions
What is the difference between just cause and ordinary termination?
Just cause termination relies on a serious ground listed in Articles 24/25 and takes effect immediately; ordinary termination requires observing the notice period.
When must the right to terminate for just cause be exercised?
Within six working days of learning of the ground; this is a strict limitation period (Article 26).
Does an employee who resigns for just cause keep severance pay?
Yes; termination for just cause preserves the severance pay entitlement, though notice pay cannot be claimed.
Does the employer owe compensation when terminating for just cause?
No; where the employer relies on Article 25 grounds (e.g. breach of good faith), no severance or notice pay is owed.
Must a just cause termination notice be in writing?
Notices required by law are in principle given in writing (Article 109); an oral termination can also be valid, but a written notice is recommended for evidentiary purposes.
What is bad-faith compensation?
For employees outside job security protection, compensation equal to three times the notice period, owed where the employer abuses the right of termination — separate from severance and notice pay (Article 17).
What is the difference between just cause and valid-reason termination?
Just cause termination rests on a serious ground and takes effect immediately; valid-reason termination, for employees under job security protection, rests on a lesser ground and observes the notice period, carrying a risk of a reinstatement action if no valid reason is shown.
What happens if the right to terminate for just cause is not exercised in time?
Once the six-working-day period, and in any event the one-year outer limit from the event, has passed, the right to terminate for just cause can no longer be exercised; termination can then only proceed through the ordinary route, observing the notice period.
