Termination of employment contract due to performance deficiency

Performance management is important for ensuring alignment between the goals of employees and the organization. It provides seeing their impact in achieving the organization's objectives to employees. Individual performance evaluations are important for the career development of both the private sector and the public sector's employees. Performance evaluation scores are used to decide promotion, wage increase and also they have a significiant role in the termination of employment contracts. Employment contracts is defined as a debtor-creditor relationship and can be terminated by the parties. However, it is important to have job security to provide maintaining their economic and social well-being to employees, and it protects them from employer's termination by arbitrarily. It makes possible to demand something about employment relationship for the employee's. In accordance with Article 18 of the Labor Law No. 4857, the termination of the employment contract for workers covered by job security can only occur with a valid reason. In this study, one of the instances of professional inadequacy, namely performance deficiency, will be examined. In this context, the concept and conditions of termination for a valid reason will be explained, and the specific instances that can be considered as valid reasons will be emphasized. Concepts related to "performance" and different methods for measurement are also mentioned in this study. As the measurement and evaluation of personnel performance are not solely relevant to the private sector, so the significance of this issue for the public sector in Turkey and internationally will be explained. The study will explain the necessary qualities of performance evaluation systems within its scope. Therefore, the formal conditions required for a valid termination that has been executed will be explained and then information will be provided about the post- termination process.