Termination of the employment contract due to the poor performance

The main purpose of labour law is to protect the worker. One of the protective arrangements for the worker is job security. Job security is provided in Article 18 of Labor Law No. 4857. With the relevant article, it has been regulated that workers who work in the workplace where thirty or more workers are employed, who have a minimum six-month seniority and who work with an employment contract of indefinite duration will be benefited from the provisions of job security. The employment contracts of these workers within the scope of job security may be terminated in the presence of a valid reason arising from the competence or behaviors of the employee or the requirements of the business, workplace or work. One of the cases arising from the behaviors and competence of the employee who is one of the reasons for termination with valid reason and which constitutes a reason for termination with valid reason is the poor performance of the employee. The existence of a performance evaluation system, which is a human resources application, is sought in determining and proving the employee's low performance in termination based on low performance in Turkish Law. In our study, it is aimed to state that the purpose of the performance evaluation system, which is an application of human resources management discipline, is primarily to improve the performance of the worker and to ensure the continuity of the employment of the worker. From this perspective, it is stated that performance evaluation in contemporary human resources management processes is planned from a perspective that measures, improves employee performance by addressing the issue primarily within the scope of human resources discipline. Then, within the scope of the labor law discipline and in the light of the decisions of the Court of Cessation, it was emphasized that the valuation system as a means of proof should be established according to objective, fair and conditions prioritizing the improvement and development of the worker's performance. Key Words: Termination, Termination for Valid Cause, Inadequacy of iv Worker, Performance, Low Performancee, Performance Evaluation, Performance Evaluation System, Professional Inadequacy, Physical Inadequacy, Worker's Behaviour.