In Turkish Law, termination of labour contract due to health

Situation of disease and disability affect employment relation at every stage of the labour contract. However, the most important issue in a contractual relationship that has started and continued for the parties is whether the contract will terminate or not. In this study, the termination of the labour contract due to health is discussed in four chapters. The subject has been handled by the Labor Law numbered 4857 in order to proceed healthily and to be handled with a certain integrity, and other laws have been mentioned to the extent necessary. In the first chapter of the study, the notions of disease and disability in Labor Law is conceptually analyzed. Regulations on illness and disability in the Labor Law are also mentioned in this section in sum. In the second chapter, the effect of health reasons during the establishment of the labour contract was discussed and the obligation of the parties to inform the other party about the health conditions correctly within the scope of culpa in contrahendo responsibility was emphasized. In the third chapter, the effect of health reasons on contractual rights such as continuation of the contract (suspension), wage, seniority and annual leave are discussed. In the fourth chapter, the termination of the labour contract due to health that is the main subject of the study is handled considering high court decisions, on the basis of the Labor Law numbered 4857, from the perspectives of both employee and employer. The criticisms and suggestions on the regulation in the Article 18/3-f of the Labor Law numbered 4857 are also handled in the fourth chapter. Keywords: Health Reasons, Labour Contract, Termination, Disease, Disability, Waiting-Period, Absenteeism.