In general, Articles 18, 19, 20, 21 and 22 of the Labour Law No. 4857 are related to job security in Turkey. In these regulations, the conditions of job security, the procedure to be followed and the results of job security are stipulated in Turkey.
Conditions of job security in Turkey
In order to benefit from job security in Turkey, certain conditions must first be fulfilled:
- The total number of workers in the workplace where the worker who will benefit from job security works must be 30 or more in Turkey. In determining the number of employees, if the employer has more than one workplace in the same line of business, the total number of employees working in these workplaces will be taken as basis. As can be seen, there is no condition such as being within the borders of the same province. Therefore, even if the workplaces of the employer in the same line of business are located in different provinces, the number of employees working in these workplaces will be evaluated. In a different way, a limitation on the line of business has been introduced. Accordingly, the workplaces of an employer in different branches of labour should be evaluated separately.
- Again, the worker’s seniority in the workplace must exceed 6 months. In the calculation of the six-month seniority period, the provisions of Article 66 regulating the conditions deemed to be worked shall be taken into consideration. Additionally, service periods in one or different workplaces of the employer shall be combined.
- If the employee whose employment contract is terminated is an underground worker, the seniority requirement shall not be sought.
- The terminated employment contract must be of indefinite duration.
- The termination must not be based on a valid reason arising from the employee’s competence or behavior or the requirements of the enterprise, workplace or business.
At this point, it is useful to mention which situations will not constitute a particularly valid reason. Accordingly,
1. Trade union membership or participation in trade union activities outside working hours or during working hours with the consent of the employer.
2. Being a workplace trade union representative.
3. To apply to administrative or judicial authorities against the employer in order to pursue his/her rights arising from the legislation or contract or to fulfil his/her obligations or to participate in the process initiated in this regard.
4. Race, colour, sex, disability, marital status, family obligations, pregnancy, birth, religion, political opinion and similar reasons.
5. Absence from work (maternity leave) for the periods provided for in Article 74 during which the employment of women workers is prohibited.
6. Temporary absence from work due to illness or accident during the waiting period provided for in subparagraph (b) of paragraph (I) of Article 25.
7. As per Article 13 of the Law, the worker or the worker whose spouse has given birth or the worker who has adopted a child under the age of three together with his/her spouse or individually, who has adopted a child who has not reached the age of three, requests part-time work until the beginning of the month following the date on which the child’s compulsory primary education age starts, after the completion of the leaves (maternity and maternity leaves) used as per Article 74 of the Law.
- The employee who will benefit from job security in Turkey must not be the employer’s representative and assistant who directs and manages the entire enterprise in the workplace or the employer’s representative who directs and manages the entire workplace and has the authority to hire and dismiss the employee.
According to Article 19 of the Labour Law, the termination notice must be made in writing by the employer and the reason for termination must be clearly and precisely stated. As per the same article, an employee’s indefinite-term employment contract cannot be terminated for reasons related to the employee’s behavior or productivity without obtaining his/her defence against the allegations against him/her. However, the employer’s right to terminate in accordance with the conditions of subparagraph (II) of Article 25 (employer’s right to terminate for just cause) shall remain reserved.