Termination of employment contracts due to health reasons by the employer and the consequences of termination under the Law No. 4857

This thesis examines the employer's right to terminate an employment contract due to health reasons under the framework of the Turkish Labor Law No. 4857, as well as the consequences of such termination. The study details the conditions required for an employer to terminate an employment contract based on health-related reasons, the employer's obligations, and the rights of the employee during this process. Additionally, the case law of the Court of Cassation regarding terminations based on health reasons and how these terminations are addressed under the job security provisions are analyzed. In cases where the employer cannot obtain the expected benefit from the employment contract due to reasons related to the employee, the employer may terminate the employment contract with a valid or just cause in accordance with the Turkish Labor Law No. 4857. If the employee is unable to fulfill their obligation to work due to health reasons, it means that the employer is not receiving the anticipated benefit from the contract. In such cases, it is accepted that the employer cannot be forced to remain bound by the contract. The employer's right to terminate the contract is based on the employee's inability to fulfill their obligation to work. If the employee is unable to perform their work obligation due to health issues, the employer has the right to terminate the employment contract with valid or just cause, depending on the specific circumstances of the case. The legislator has not established a definitive regulation on how the employee's inadequacy, which constitutes a valid reason for termination, should be evaluated. This issue has been shaped by the rationale of the Law and the case law of the Court of Cassation. In this study, the circumstances under which an employer can terminate an employment contract due to the employee's health condition, either with a valid or just cause, are examined in detail. In the study, it is emphasized how legal elements such as medical reports, job security, and compensation rights should be taken into consideration when the employer exercises the right to terminate the employment contract.