Under Turkish Labor Law No. 4857, the statutory grounds allowing an employee to terminate their employment contract for just cause are explicitly regulated. Regardless of whether the contract is for a fixed or indefinite term, an employee may terminate the employment contract immediately before its term expires or without waiting for the statutory notice period under the following circumstances:

1. Health Reasons

  • If performing the work stipulated in the employment contract is dangerous to the employee's health or life due to the nature of the work itself.
  • If the employer or another employee with whom the worker is in continuous and direct contact contracts a contagious disease or an illness incompatible with the employee's work.

2. Cases Inconsistent with Ethics, Good Faith, and Similar Situations

  • If the employer misleads the employee by presenting false qualities or conditions regarding one of the essential elements of the contract, or by providing untrue information or making false promises at the time the contract is concluded.
  • If the employer utters words or engages in conduct offensive to the honor and dignity of the employee or a member of their family, or sexually harasses the employee.
  • If the employer assaults or threatens the employee or a member of their family, or encourages, incites, or induces them to act against the law, or commits an offense punishable by imprisonment against the employee or a family member, or makes false and serious allegations or accusations affecting their honor and dignity.
  • If the employee is sexually harassed at the workplace by another employee or a third party, and the employer fails to take necessary measures despite being informed of the situation.
  • If the employee's wages are not calculated or paid by the employer in accordance with the provisions of the law or the terms of the contract.
  • In cases where piece-rate or task-based remuneration is agreed upon and the employer assigns work below the employee's capacity without paying the difference calculated on a time basis, or if working conditions are not properly implemented.

3. Force Majeure

If compelling reasons arise at the workplace requiring the suspension of work for more than one week.

There is no distinction between fixed-term and indefinite-term employment contracts regarding the right to terminate for just cause.

Most Common Scenario in Practice: Non-Payment of Wages and Employee Claims

In practice, the right of termination is most frequently exercised due to the non-payment of wages and wage-related entitlements. This may manifest as the non-payment of monthly basic salary, overtime pay, weekly rest pay, or National and Public Holiday (UBGT) compensation, as well as the under-reporting of wages to social security or irregular wage payments.

For non-payment of employee entitlements (wages, overtime, etc.), even a single period of non-payment provides the employee with the right to terminate for just cause without a minimum time requirement. In cases of irregular payments, minor delays of 1–2 days are generally not deemed sufficient; the delays must exceed reasonable limits and become systemic.

Termination Procedure and the Risk of Resignation Letters

If any of the above situations occur, the employee may terminate the employment contract immediately without giving any notice period to the employer and becomes entitled to severance pay, provided they have at least 1 year of service.

Critical Warning: The most common mistake in practice is the employee submitting a standard "resignation letter". Even if the employee leaves for just cause, explicitly using the statement "I resign" in the letter may lead to the loss of severance pay entitlements. Therefore, the termination notice must clearly state the specific reasons for termination (unpaid wages, mobbing, non-implementation of working conditions, etc.) and be served on the employer in writing (preferably via a notary public).

Statutory Time Limits

For terminations based on breaches of ethics and good faith rules, statutory limitation periods are stipulated under Article 26 of Turkish Labor Law. The employee must exercise the right to terminate within 6 working days from learning of the event, and in any case within 1 year from the occurrence of the event (the 1-year limit does not apply if the employee obtains financial benefit from the incident).

Important Note: Non-payment of monetary rights such as wages, overtime, and public holiday pay constitutes a continuous breach. Therefore, the 6-working-day limitation period does not apply to terminations based on unpaid monetary claims; the right to terminate may be exercised as long as the breach continues.

Entitlements Claimable Following Termination

An employee who terminates their employment contract for just cause is entitled to claim severance pay. However, an employee who terminates their own contract has no right to claim notice pay. In addition to severance pay, the employee may claim accrued but unused annual leave pay upon termination, as well as non-termination-dependent claims such as unpaid wages, overtime, weekly rest, and public holiday pay.

Furthermore, applying for mandatory legal mediation is a statutory prerequisite before filing a court lawsuit to recover such claims.

Disclaimer: The information provided above is for general guidance purposes only and does not constitute formal legal advice for specific situations. Consulting a qualified attorney is strongly recommended for specific legal disputes.