Termination of the employment contract due to the professional inadequacy (performance) of the employee

With the provisions of job security in Labor Law No. 4857, the termination of the employment contract is obliged to be based on a valid and binding reason. In accordance with Article 18 of the Labor Law, the employer must rely on a valid reason arising from the [in]competence or ill-behavior of the worker or the requirements of the enterprise, the workplace or the work. Within the text of the law, no professional deficiency and low performance of the employee is defined, and it is not clearly stated under which conditions the valid termination of the employment contract can be implemented on account of the deficiency of the employee and/or owing to his/her professional or vocational insufficiency. In the examples given in the justification of the article, the reasons arising from the professional inadequacy of the employee; on average, less productive work than those performing the similar work, having lower performance than expected from the qualifications it exhibits, a gradual decline in work concentration, incapability to work, inadequacy of learning and self-cultivation. In this study, legal and business perspectives are taken into account together, on the one hand about business performance applications that require advanced expertise to those involved in the judicial process, on the other hand, in-depth and systematic information and opinions on the legal regulations are offered as to the high court case-law and doctrine that employees should pay attention before the termination of employment contracts. In this context, the concept of termination has first been dwelt upon, the rightful termination, the termination, and the valid reason and conditions framing the conditions of the declared termination, the performance evaluation systems and methods and performance criteria in the enterprises have all been examined, and as well as the termination of the employment contract with the valid reason; the reasons were also explained in a comparative manner as legitimate reasons arising from the worker's behavior and inadequacy, the reasons arising from the inadequacy of the worker were examined under different headings as physical inadequacy and professional inadequacy. In this sense, the right causes and the valid reasons were discussed, and finally, the method and conditions of termination of the employment contract were examined based on the professional inadequacy (performance) of the employee.