The employment contract, regulated under the scope of Article 8 of the Law numbered 4857, is concluded between the employee and the employer, as it can be clearly understood from the letter of the law, and it is a legal institution that can be terminated by unilateral will of one of the parties or joint consent of the parties. Under this scope, Law numbered 4857 has also regulated the termination of the employment contract, in which gives the employer the obligation to make the required notifications. In a case in which the employees leave their current jobs, the employers are obliged to submit a dismissal notice to the Social Security Institution. In the aforementioned notice, the reasons for the employee's dismissal are specified by certain numbers, and it ensures the reasons that why employee left their job and whether he/she will be entitled to severance pay, payment in lieu of notice and unemployment salary after the dismissal.
In accordance with the update dated 08 April 2021, regarding the termination codes about the reasons for a dismissal, which were determined as 41 before 08 April 2021, is arranged as 50 in the Circular numbered 2021/9. Following the publication of the aforementioned Circular, Code numbered 29 regulating the status of "termination due to the behavior of the worker against the rules of ethics and goodwill" in the subtitle "2.1- Reason for a dismissal" in the sixth section of the first part of the Circular numbered 2013/11 dated 22.02.2013, is extracted from table and the necessary arrangements were made by adding the relevant numbers to come after the code "41". The previous regulation’s Article 29 of the codes of annulment regulated the termination of the employment contract due to the violation of the moral and goodwill rules of the worker which was regulated in the 2nd paragraph of Article 25 of the Law numbered 4857. As a result of the changes brought by the Circular numbered 2021/9, Code 29 was removed from the codes of termination, with the current termination codes added after the code number 41, Sub-paragraphs of Article 25, paragraph 2 of the Law No. 4857 have been regulated in more detail, and each sub-paragraph was listed under different codes.
The current version of the SSI Termination Codes, brought in accordance with the Circular No. 2021/9, is as follows:
At the time of the employment contract being concluded, the employee misleading the employer with a claim that he / she has the qualifications or conditions required regarding one of the essential points of the contract even though he/she does not, or by stating unrealistic information or words.
"Article 25-II-a of the Law numbered 4857"
The employee making statements or acts that will harm the honor of the employer or one of his/her family members or makes unfounded denunciations and accusations about the employer concerning the employer’s honor and dignity.
"Article 25-II-b of the Law numbered 4857"
Employee sexually harassing another employee of the employer.
"Article 25-II-c of the Law numbered 4857"
The employee teasing the employer or a member of his/her family or another employee of the employer, comes to the place of business drunk or on drugs, or uses these substances in the place of business.
"Article 25-II-d of the Law numbered 4857"
Employee acting with a behavior which does not comply with honesty and loyalty, such as abuse of the employer's trust, stealing, revealing the employer's professional secrets.
"Article 25-II-e of the Law numbered 4857"
The employee committing a crime while being present at the place of business which is punished with imprisonment more than seven days and whose sentence is not suspended.
"Article 25-II-f of the Law numbered 4857"
Failure of the employee to continue to work for two consecutive business days, or twice in a month, on the next business day following any holiday or three business days in a month, without obtaining permission from the employer or without the presence of a rightful reason.
"Article 25-II-g of the Law numbered 4857"
The employee insisting on not doing the tasks he / she has to do despite being reminded.
"Article 25-II-h of the Law numbered 4857"
Either willfully or through gross negligence the employee imperils safety or damages machinery, equipment or other articles or materials in his care, whether these are the employer’s property or not, and the damage cannot be offset by his thirty days’ pay.
"Article 25-II-ı of the Law numbered 4857"