INTRODUCTION
The Social Security Institution (“SSI”) announced in the announcement on 8.4.2021 that the Code-29, which employers use as a way out, was amended.
Termination codes to be used by the employer in case of termination according to the situations under “situations that do not comply with the rules of ethics and goodwill and similar groups” specified in the Labor Law amended by the Social Security Institution.
I.TERMINATION CODES
I.1. The newly added codes regarding the employees to be dismissed within the scope of the regulation (instead of removing code 29) are given below.
Code |
Reason for Termination |
42 |
Labor Law – Article 25/II-a
If, when the contract was concluded, the employee misled the employer by falsely claiming to possess qualifications or to satisfy requirements which constitute an essential feature of the contract, or by giving false information or making false statements; |
43 |
Labor Law – Article 25/II-b
If the employee is guilty of any speech or action constituting an offence against the honour or dignity of the employer or a member of his family, or levels groundless accusations against the employer in matters affecting the latter’s honour or dignity; |
44 |
Labor Law – Article 25/II-c
If the employee sexually harasses another employee of the employer; |
45 |
Labor Law – Article 25/II-d
If the employee assaults or threatens the employer, a member of his family or a fellow employee, or if he violates the provisions of Article 84 |
46 |
Labor Law – Article 25/II-e
If the employee commits a dishonest act against the employer, such as a breach of trust, theft or disclosure of the employer’s trade secrets.; |
47 |
Labor Law – Article 25/II-f
If the employee commits an offence on the premises of the undertaking which is punishable with seven days’ or more imprisonment without probation; |
48 |
Labor Law – Article 25/II-g
If, without the employer’s permission or a good reason, the employee is absent from work for two consecutive days, or twice in one month on the working day following a rest day or on three working days in any month; |
49 |
Labor Law – Article 25/II-h
If, without the employer’s permission or a good reason, the employee is absent from work for two consecutive days, or twice in one month on the working day following a rest day or on three working days in any month; |
50 |
Labor Law – Article 25/II-ı
If either wilfully or through gross negligence the employee imperils safety or damages machinery, equipment or other articles or materials in his care, whether these are the employer’s property or not, and the damage cannot be offset by his thirty days’ pay. |
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