Termination of employment contract for health reasons

The legal nature of employment contracts is that they are bilateral or multi-party legal transactions that impose obligations on both parties. As a general rule, the principle of freedom of contract is valid, but the general rule for employment contracts is limited by many provisions that are mandatory. An employment contract is a typical contract and there are detailed regulations in both the Labor Law No. 4857 and the Turkish Code of Obligations No. 6098. One of the parties to the employment contract is the employee and the other is the employer. The employer is naturally in a stronger position than the employee. Illness is also a situation that requires greater protection of the worker from the beginning to the continuation and termination of the employment relationship. In fact, a worker who is displaced from his job due to illness will lose the economic security to provide for himself and his family, while also losing his social connections. This situation will negatively affect not only the worker and his family, but also the society. Therefore, the issue of under what conditions the right of termination for health reasons can be exercised is important. In the light of the articles regarding the content of this right, which can be exercised by both employers and employees, the issues have been tried to be explained, focusing especially on health reasons. In our thesis, the issue of termination of the employment contract due to health-related reasons has been mentioned, and the issue of whether the parties have the right to terminate the employment contract for valid or justified reasons in case the worker becomes ill has been tried to be discussed in the context of different views and controversies in the doctrine, Supreme Court decisions and international agreements. In addition, in our thesis study, the legal process and relevant provisions regarding terminations due to Covid-19 are also mentioned. Keywords: Labor law, employment contract, termination with notice, rightful termination, health reasons.