Misuse of the right to termination of the employment contract

Termination is a unilateral act in law, which should be addressed to the counter party. Right to termination leads to dissolving novelty; hence, the termination notice results in nullity of the employment contract starting from the date of termination. Termination notice is not dependent on any condition and can be made verbally or in written. Parties to the employment contract cannot waiver of their right to termination. The Labor Law No. 4857 regulates in relevant provisions thereof how the employment contracts of workers with or without employment security should be terminated. Terminations contrary to the Labor Law No. 4857 shall be deemed as irregular or unjust termination depending on whether the worker is covered by employment security. Termination of employment contract by the employer contrary to the rules of honesty and good faith shall constitute employer's misuse of his/her right to termination. In which case, the worker shall be entitled to claim compensation depending on the features he/she is subject to. The sanctions for misuse of the right to termination of the employment contract are the compensation for bad faith damages and the union compensation. Based on the conditions, the payment in lieu of notice, the severance payment, the material and non material compensation can also come into question. Keywords: Contrariety to honesty and good faith rules, payment in lieu of notice, severance payment, wrongful termination, compensation for bad faith damages, union compensation.