Concepts of valid and justified cause in terminations due to the behavior of the worker in the light of judicial decisions

Employment Contracts are typical private law agreements that create a personal relationship between the parties, specifically between the employer and the employee, and establish mutual and continuous obligations for both parties. These contracts impose reciprocal obligations and are characterized by the fact that there is social and economic inequality between the parties, with the employee being economically and legally dependent on the employer. This element distinguishes employment contracts from other types of contracts. As a result, Labor Law derives its legal foundation from the "social state principle" enshrined in Article 2 of the Constitution, and the philosophy of protecting the employee is adopted. In this context, special rules have been established regarding the termination of the employment contract, and the dismissal of an employee by the employer without showing a valid or justifiable reason is prohibited by Law No. 4857 and the ILO Convention No. 158. The study first provides general explanations on dismissal and types of termination, followed by an examination of common employee behaviors encountered in practice. It then analyzes under which circumstances these behaviors could constitute either a just cause or a valid reason for termination, supported by selected case law. Finally, the consequences of termination are addressed in the concluding section.