TERMINATION OF EMPLOYMENT CONTRACT DUE TO ABSENTEEISM OF EMPLOYEE

Abstract

Notice of termination means ending the contract by the unilateral declaration of a party to terminate it. The notice given to terminate does not have to be accepted or to be permitted by the other party to be effective. Termination of employment contract by the just cause is the termination of the contract, regardless of whether it is a fixed-term or open-ended contract, if the continuation of the contract becomes impossible or unbearable for one of the parties due to the principle of honesty. In this case, parties acquire the right to unilaterally terminate the contract with their own freewill.Employee is obliged to work in accordance with the working hours without any absenteeism. The employee's absenteeism is an act against the working obligations. In the present case, the employer may terminate the employment contract of this just reason.The right to terminate the employment contract by employer of just reason due to absenteeism is regulated in Article 25/II of Labour Law No. 4857. If the absenteeism mentioned in this Article has not arised from a justifiable excuse or has not got he permission from the employer and the employee has not informed the employer of this just reason, the employer may terminate the contract. In our study, not all cases related to the absenteeism of the employee are examined, only the cases which gave the employer the right to terminate the employment contract with just reason about the absenteeism of employee without the employer’s permission or a just reason are examined