Labor Law Art. 25 grants the employer the right to immediate (without notice) termination under certain conditions.
Art.25/I — Health Reasons
- If the illness continues for 3 consecutive working days due to the employee's own intentional/defective act
- Contagious disease or illness incompatible with his job
Art.25/II — Situations Contrary to Morality and Good Faith
- Forgery, theft, embezzlement
- Remarks that violate the honor and integrity of the employer / family members
- Sexual harassment to a colleague
- Coming to the workplace drunk or under the influence of drugs
- Behaviors that do not comply with integrity and loyalty (this is the broadest category)
- Endangering the safety of the job insertion
- Absence (3 business days in a row or 5 days in 1 month)
Duration - 6 Business Days, 1 Year
The employer must exercise his right of termination within 6 business days and in any case within 1 year from the day he learns the reason for termination.
Result
In case of termination with Art.25/II, the employee must exercise his right to terminate. Cannot receive severance pay. For art.25/I and III, severance is paid.
Supreme Court 9. HD
9. HD emphasizes that the scope of "behavior that does not comply with integrity and loyalty" must be proven with concrete evidence and that termination cannot be made with abstract allegations.
Labor law lawyer support is recommended.