Absenteeism resulting from a conviction due to a crime
committed outside the workplace is a compelling reason for the employee, and in
case of termination of employment contract by the employer, the employee is
entitled to severance pay.
The following statements were included under the
decision of the 9th Civil Chamber of the Supreme Court of Appeals:
“The worker is not entitled to severance pay only if
the employment contract is terminated by the employer for the reasons specified
under Article 25/II of the Labor Law.
According to sub-paragraph f of the second paragraph
of Article 25 of the Labor Law, "the employee's committing a crime at the
workplace that is punishable by imprisonment for more than seven days and whose
penalty is not postponed" is a justifiable reason for termination that
does not require severance pay for the employer.
The justified reasons for termination are regulated under
the third and fourth paragraphs of Article 25 of the Law. These are the cases
where the absenteeism exceeds the notification period, as prescribed under the Article
17, in the event that the worker is detained or arrested, and the case when a
compelling reason prevents the worker from working at the workplace for more
than one week.
If the employer terminates the employment contract
based on the reasons, as set out under Articles 25 / I, 25 / III and 25 / IV of
the Labor Law Nr. 4857, it must pay severance pay even if there is a
justifiable reason.’’
The Supreme Court has decided that the worker is
entitled to severance pay for the reasons explained hereinabove.
For detailed information: The Decision, bearing the
Basis Number 2020/5440, and the Decision Number 2021/7876, of the 9th
Civil Chamber of the Supreme Court of Appeals
