The annulment of the contract because of the performance of the worker

The purpose of this study is to give information concerning the annulment?s process which will be realized because of the performance of the worker and to help to the problems met during the application. The concepts of performance and productivity are used together in practice and in many resolutions of the Supreme Court. The performance of the worker is related with the quality of the labour that he has presented while executing the working obligation. Therefore, it is necessary to evaluate the performance of the worker together with the obligation of care which renders concrete how the working obligation will be executed and it is not necessary to mix the concept of productivity having a numerical value directed towards to the result of the working obligation. As the rule, the low performance of the worker which is different than expected one is the reason of annulment which rises from the insufficiency of the worker and which hinder the worker to execute his working obligation properly .In case of insufficiency the responsibility of the worker is not required. The essential is the objective situation of the worker. The worker is not causing this situation voluntary which causes the badly execution of the working obligation. Therefore, all the annulments reasons except the arrival of the worker to the age of retirement are in relation with the performance of the worker and the situation of insufficiency is developing in accordance with the performance of the worker. Keywords : Performance, Sufficiency, Badly Execution, Annulment