A Key Point for the Employers in the Course of Termination of Labor Contracts
The core of the regulations defining the relations between the terminations of employment. Is the principle of protection of employees. Pacta sunt servanda, and that contract cancellation is the last resort. Further, the employer is not only obliged to protect the physical integrity, its employee, but also his/her dignity and personal values. Recently, we often happen to see Judicial decisions based on especially these principles. The decision by the 9th Civil Chamber of the Supreme Court, File: 2018/2479, Decision: 2019/7679 03.04.2019 can be cited as an example:
As a summary of the mentioned decision; terminations of employment for a valid reason and by paying severance and notice payments. During the termination procedure, the employee was not allowed to enter the workplace and had waited at the security department. Even the official delivery and transfer procedure of his personal and corporate belongings were performed there. This process was carried out at the beginning of the working hour of all the company’s employees.
The process carried out in such manner is degrading in respect of the claimant’s dignity and his reputation in the eyes of other people, thereby it was damaged the claimant’s personal rights. The District Court of Justice has commented on the file that “while the said actions are unethical. They cannot be considered as acts that are severe enough to attack personal rights. Disdain, disregard for professional dignity or reputation.” It is stated that the place and time of these actions are not appropriate considering the cause of the termination.
What employers need to know
Such treatment to the claimant during the termination of the employment contract process would require reasonable compensation. And while it is not the right decision ruled by the Court of First Instance for the reasons explained. it is also incorrect to decide the rejection of the case file by evaluating. It is the opposite for the appeal application, and thus the decision should be reversed. As a conclusion, in the course of the terminations of employment contracts, Employers should manage the process by protecting human dignity first.
This information and our comments above are for guidance purposes only and should not be regarded as a substitute for taking legal advice. Vona Law Office makes every effort to ensure accurate and up to date content, however, it may not reflect the most current legal developments based on the amendments on the applicable laws and legislations after the publishment of this article. Therefore, nothing in this article should be considered as legal advice and you should consult with lawyers before making any decisions or taking any action based on the information included in this article.