Termed termination of employment contract for reasons arginating from the employee and its consequences

ABSTRACTTurkish Labour Act No.4857, which was put into force in 2003 brought someconstraints for the employer to use the right to terminate of the contract of service. Thisprovided the workers job security. Certainly the most significant one of theseconstraints is that employer who terminates the indefinite-termed labor contract of aworker with at least six months of service at a business employing 30 or more workershas to ground the termination on a valid reason arising out of the qualification orbehaviors of the worker or the requirements of the enterprise, business or work.The fundamental aim of our study is to display the main differences between thevalid reasons of termed termination and justified reasons of the immediate terminationwhich results from the workers behaviour or inadequacy and find out solutions to thelegal problems which arise during practice of termed termination by scrutinizing thechanges regarding the institution of termed termination.In the first part of the study, after the concept and types of termination had beendescribed in general, the procedure of termination was explained within the scope of thejob security.In the second part, which is the main part of the thesis, the valid reasons oftermination resulting from worker?s behaviour and inadequacy were examined, andthese concepts were explained by considering the experience of German and French lawsystems and three year practice of Supreme Court of Appeal.In the final part of the study, the concequences of termination and the legalsolutions for the worker whose contract was termed was examined.