Under Turkish Law, an employer's right to terminate an employment contract immediately for just cause is regulated under Article 25 of the Turkish Labor Law No. 4857. Under paragraph II-(g) of the said article, titled "Cases contrary to morals and good faith," unauthorized employee absenteeism constitutes grounds for **summary dismissal without severance or notice pay**.

I. Statutory Conditions for Just Cause Termination Due to Absenteeism (Labor Law Art. 25/II-g)

For an employer to exercise the right of summary dismissal due to absenteeism, the employee must, without obtaining permission or presenting a valid justification:

  • Fail to attend work for **two consecutive business days**,
  • Or fail to attend work **twice in a month on the business day following any holiday**,
  • Or fail to attend work for a total of **three business days within a month**.

Important Note: The statutory term "one month" refers to a rolling 30-day period starting from the first day of absenteeism, not a calendar month. Furthermore, partial absenteeism hours cannot be aggregated to calculate full days; the employee must have missed full working days.

II. Mandatory Procedural Steps for Non-Attending Employees

In labor disputes before Turkish courts, the burden of proof regarding the justification of termination rests entirely on the employer. Therefore, the following procedural steps must be strictly observed:

  • 1. Execution of Absenteeism Minutes: An official absenteeism record (tutanak) must be drafted for each day the employee fails to attend. The record must specify the exact dates and be signed by at least **2 witnesses** (colleagues or supervisors) with their full names and job titles.
  • 2. Issuance of a Formal Written Notice (Ihtarname): Following the records, a formal written notice must be served upon the employee's last known address via a Public Notary, demanding valid documentation justifying the absence (e.g., medical reports, accidents, bereavement).
  • 3. Compliance with Service/Notification Deadlines: The cure period granted in the notice (e.g., 2 or 3 business days) must strictly begin **from the date of delivery/service upon the employee**, not from the date the notice was drafted. Terminations executed prior to receiving proof of service or before the expiration of the cure period are deemed unjustified terminations.

III. Preclusive Time Limit (Labor Law Art. 26)

The employer must exercise the right of termination for absenteeism within **6 business days** from the date the unauthorized absenteeism is learned and confirmed, and in any event within 1 year from the commission of the act. Where absenteeism is continuous, the 6-day period commences from the last day of absenteeism.

IV. Statutory Social Security Exit Code (Code 48)

Upon properly documenting the absenteeism, serving notice, and confirming the absence of valid justification, the employer must submit the Social Security Institution (SGK) employment termination notification. Under current Turkish social security regulations, terminations based on absenteeism must strictly utilize **SGK Exit Code 48** *(Termination by employer due to employee breach of morals and good faith - Absenteeism)*.

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