What Is Job Security?

 

With the introduction of the job security system under the Turkish Labour Law No. 4857, the principle of unrestricted termination has been abolished for certain employment relationships. These regulations aim to prevent arbitrary dismissals by limiting the employer’s right to terminate employment contracts. In this way, employees are provided with protection, and continuity in employment relationships is ensured.

 

Within this framework, for employees covered by job security, termination of employment must be based on valid reasons defined by law, and the burden of proof lies with the employer. If no valid reason can be demonstrated, the employee may be reinstated or entitled to job security compensation along with wages for up to four months of idle time.

 

On the other hand, for employees who fall outside the scope of job security, the principle of freedom of termination still applies. In such cases, the employer may terminate the employment contract at any time without providing a reason, as long as notice periods are observed. Even if the termination is unfair or made in bad faith, it still results in the end of the employment relationship, although it may give rise to compensation; reinstatement is not required.

 

Therefore, while a valid reason is mandatory for terminating employees within the scope of job security, no such requirement exists for those outside its scope. Employees outside the scope may only claim bad faith compensation, whereas those within the scope benefit from stronger protections, including the right to file a reinstatement lawsuit.

 

 

Conditions for Benefiting from Job Security Provisions

 

In order for an employee to benefit from job security provisions, the following conditions must be met:

• The employee must be subject to the Labour Law or the Press Labour Law, 

• The employee must be working under an indefinite-term employment contract, 

• The workplace must employ at least 30 employees, 

• The employee must have at least 6 months of seniority, 

• The employee must not be an employer representative with authority to hire and dismiss staff. 

If all these conditions are met, the employee will be entitled to protection under job security provisions in case of termination.

 

 

What Is a Valid Reason for Termination?

 

In labour law, there is a significant distinction between “just cause” and “valid reason.” Just causes are serious circumstances that make it unbearable for one party to continue the employment relationship and allow for immediate termination.

Valid reasons, however, are less severe but still justify termination by observing notice periods. Since it is not possible to list all valid reasons exhaustively, each case must be evaluated individually.

 

 

What Are Valid Grounds for Termination?

 

Employers who wish to terminate the employment of employees covered by job security must rely on a valid reason. These reasons generally fall into three categories:

 

• Reasons arising from the needs of the business, workplace, or job, 

• Reasons related to the employee’s performance or qualifications, 

• Reasons related to the employee’s behavior. 

In the job security system, the main principle is the continuation of the employment relationship. Therefore, the employer bears the burden of proving that a valid reason for termination exists.

Conversely, in cases where job security does not apply, the principle of freedom of termination prevails, and the burden of proving bad faith lies with the employee.

 

To demonstrate that a termination is valid, the employer must:

• Provide the termination in writing, 

• Request the employee’s defense where required, 

• Clearly and specifically state the reasons for termination. 

After fulfilling these formal requirements, the validity or justification of the termination is assessed substantively. If the employee claims that no reason was given or that the reason is invalid, the employer must prove otherwise using appropriate evidence.