Limitation of the employer's right to termination for just cause by contracts, termination, just cause

The protection of employees against termination of employment is one of the main objectives of labor law. Since the protection provided by law is not at an adequate level, this deficiency in practice has necessitated collective labor agreements. Both the general characteristic of labor law and the principle of freedom of contract provides the employee and the employer with freedom of movement and the possibility of expanding the field in this area. Apart from the limitations on termination for just cause made by law and contracts, another form of limitation is the limitation made by general principles of law. The main ones of these principles are the rules of honesty, the principle of proportionality, the prohibition of abuse of rights and the principle of equality. Including penalty clauses in employment contracts to prevent arbitrary termination of employment contracts by putting pressure on the employer and to provide job security is one of the ways of indirectly limiting the employer's right to terminate employment. In this respect, the penalty clause does not only serve the purpose of compensating the damage suffered by the parties. The penalty clause, which is frequently encountered in practice, is a provision regarding the consequences of termination. Accordingly, the employee may demand the payment of the penalty clause from the employer who violates his/her obligation. Within the scope of our study, we have attempted to determine the scope and limits of the limitation of the termination of the employment contract for just cause by contract, taking into account the legislative regulations and the opinions in the doctrine, and to guide the doctrine and practice in this regard, including judicial decisions where appropriate.