The capacity of the worker as a valid reason by the termination of employment contract

Subject of this study is termination of employment contracts with valid reason due to lack of capacity in which the workers entitled to employment security are a party. The term ?capacity of worker? stated in article 18 of Statute numbered 4857 and the circumstances that it can enable a valid reason for termination constitutes the main aspect of this study. Statute numbered 4773 which has come into effect in 2003 brought forward the regulations regarding employment security to Turkish Labor Law; these regulations are also preserved in Labor Act numbered 4857. Regulations regarding employment contracts in international law are also taken into account in this study alongside domestic resources of law. In this context, International Labor Organization conventions are examined and regulations within these conventions are subjected to comparative study in order to shed light on Turkish employment security law. In this study, basic terms concerning the subject are examined, and subsequently which circumstances may constitute a valid reason due to lack of worker?s capacity are discussed. Furthermore the basic principles that should be applied by judicial authorities in controlling the terminations with valid reason due the lack of worker?s capacity and the methods of this control are examined in the thesis.