Termination of Employment by the Employee for Just Cause

1. Legal Basis in the Labor Law

Article 24/1 of Labor Law No. 4857: “Regardless of whether the contract is for a definite or indefinite term, the employee may terminate the employment contract before the expiration of the term or without waiting for the notice period in the cases listed below.”

Under Article 24 of the Labor Law, an employee may unilaterally terminate the employment contract on the basis of a just cause.

2. Just Causes for Termination

Non-payment or underpayment of wages,

Employer’s deception / failure to fulfill promised conditions,

Health-related reasons,

Attack on personal honor and dignity, physical assault, or sexual harassment,

Coercive changes.

2.1. Non-payment or Underpayment of Wages:

The employee’s obligation under the employment contract is to perform the job diligently and in accordance with the contract.
The employer’s obligation is to pay the full and timely wage in return for the work performed.

Complete non-payment or underpayment of wages entitles the employee to terminate the contract for just cause.
Even if the wage is paid, showing a lower amount in Social Security Institution (SSI) records or payroll slips is also a just cause.

In such cases, the employee may leave without waiting for the notice period and is entitled to severance pay.

2.1.1. In Case of Delayed Payment of Wages:

If the wage is not paid within 20 days from the payment date without a compelling reason, the employee may refrain from performing work.
This is not considered a strike, as it is an individual right.
The employee may refuse to work without the employment contract being terminated.

3. Employer’s Deception or Failure to Fulfill Promised Conditions

If, during the conclusion of the employment contract, the employer:

• Provides misleading qualifications or conditions regarding essential points of the contract,

• Gives false information, or

• Makes untrue statements,

then the employee may terminate the contract without notice and is entitled to severance pay.

4. Health-related Reasons

The employee may terminate the contract for just cause if the work poses a danger to their health or quality of life, provided this is documented.

If the employer or another employee contracts a contagious disease, the employee may also terminate the contract for just cause.

In such terminations, the employee’s right to severance pay remains protected. However, the reason for termination must be proven with a medical report or concrete evidence.

5. Attack on Honor and Dignity & Physical Assault or Sexual Harassment:

5.1. Attack on Honor and Dignity:

If the employer: Says words or behaves in a way that damages the honor and reputation of the employee (e.g., insulting the employee or their family members, humiliating them, degrading them, or publicly offending them),

the employee may immediately terminate the contract.

5.2. Physical Assault or Sexual Harassment:

If the employer:

• Physically assaults the employee,

• Engages in sexual harassment, or

• Remains silent about such actions by another employee,

the employee may terminate the contract without notice and with entitlement to severance pay.

In terminations due to attack on honor/dignity or physical/sexual harassment, the employee is entitled to severance pay. However, before termination, it is advisable to collect evidence such as witnesses, messages, or camera recordings, and, if necessary, send a notary notice.

6. Coercive Changes:

If the employer unilaterally changes the working conditions specified in the employment contract or established as workplace practices, or ceases to apply the current working conditions without making changes, the employee may treat this as a just cause for termination.

If the wage is determined per piece or per quantity of work, and the employer assigns less work than the employee can perform, causing income loss — and the wage difference is not compensated on a time basis — the employee may terminate the contract for just cause.

In such cases, the employee is entitled to severance pay. Before termination, if the employer has not obtained written consent for the change, it is advisable for the employee to submit a written objection.

7. Common Mistakes

The employee must exercise the right of termination within 6 business days from learning of the just cause, and in any case within 1 year from the date of the incident. Otherwise, the right to terminate may be lost.

Just cause termination should be made in writing whenever possible.

The written termination notice should be delivered to the employer:

• By hand with signature acknowledgment,

• Through a notary,

• Via e-mail (using corporate mail and with proof), or

• By registered or certified mail.

If verbal termination cannot be proven, the employee may lose the right to compensation.

The written termination should clearly and specifically state the reason for termination.

Before just cause termination, the employee should collect available written evidence, witness statements, message records, and camera footage. This is especially critical in cases of mobbing, insult, wage irregularity, or sexual harassment.

The right to request a defense, to file complaints, and to create evidence should not be neglected.