The limits of the employer's right of termination with the principle of proportionality under the Labor Law no. 4857

The principle of proportionality, which constitutes the limit of the limitation of fundamental rights and freedoms, was first introduced into legal systems in order to protect the individual against the state, which is in a stronger position than the individual, and over time, it has also found application in private law relations between individuals where one party is stronger than the other. Due to the nature of employment contracts. it is clear that one party is in a stronger position. Therefore, the principle of proportionality in the context of employment contracts has an important function in order to establish a fair balance between the conflicting interests of the parties. The most critical and inevitable conflict of interest between the employee and the employer is when the contract is terminated by the stronger party, in other words the employer. For this reason, the employer's right of termination arising from the freedom of contract is limited against the employee's right to work. However, while making this limitation -as it must be done in accordance with the principle of proportionality in the limitation of all fundamental rights and freedoms- it is necessary to avoid rendering both of the conflicting rights completely unusable