Özet:

The periods provided for in Article 26 of the Labour Act No. 4857 have not been accepted for all terminations to be carried out by the worker or the employer. The periods in this article shall be applicable only if the contract is terminated on the basis of circumstances and similar circumstances which do not comply with the moral and goodwill rules. Therefore, a year or six working days periods are not taken into account in the termination of the work contract by the employer or by the worker for any legitimate reason except for the work contract. There is no reason to consider the periods mentioned in the provisions of the law. In terms of reasonable reasons except for the workK 24/II and the workK 25/II, the contents of the relevant regulations must be concluded in terms of time. In this regard, it is appropriate to accept that, in accordance with the provisions, the employee or the employer may exercise the right of termination as long as the reasons in the provisions continue. However, due to the nature of the regulation, only the reasonable reason for the termination of the work must be investigated on reasonable grounds listed in Article 25(a). In the same way, the reasonable time measure should be based on the characteristics of the concrete event and the nature of the event. In the context of our work, the subject has been assessed mainly in the framework of the Work Act No. 4857 because of the extensive scope of application, but it has also been addressed in terms of other individual business laws and the Turkish Debt Act.

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