Is There A Legal Regulation To Protect The Employee Who Has Been Insulted By His/Her Employer?
Article 24/II-b of the Labor Law no. 4857 sets forth the relevant regulation. According to this article
“The employer may terminate the employment contract immediately without giving any notice of termination before or before the expiry of the term of the employment contract if the employee or a member of his/her family utters words or behaves in a way to touch his/her honor and reputation”. As can be seen from the relevant part of the article, even if the words in question are spoken against a member of the employee’s family, it gives the employee the right to terminate. In this case, the employee is also entitled to severance pay, provided that other conditions are met (at least one year of employment, etc.). In addition, the employee may also claim non-pecuniary damages due to the act of insult.
If the relevant words constitute a crime in terms of the Turkish Penal Code, the employee may also file a criminal complaint against the person(s) concerned.
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