Termination Of The Employment Contract By The Employee Without A Just Cause And Without A Notice Period -Court Of Appeal Decision
T.C.
JUDICIARY
LAW DIVISION
E. 2016/33150
K. 2017/21641
T. 18.12.2017
THE EMPLOYER’S CONDITION TO USE ITS SOCIAL AND ECONOMIC SUPERIORITY TO PAY COMPENSATION
REQUESTING THE EMPLOYEE TO SUBMIT A WRITTEN RESIGNATION LETTER WITH SIMILAR PRESSURES (
In case of Compliance, a Genuine Will to Resign cannot be Said / In This Case, Termination by the Employer
It will be accepted to be realized, but this situation must be proved by the worker as a breach of will.
Required )
Reinstatement with Invalidity of Termination ( The Employee’s Unjust Cause and Notice Period
The Necessity of Considering the Termination of the Employment Contract without Recognizing the Termination as Resignation / Mostly in Practice
The Employee’s Request for Resignation on the Condition of Payment of Notice and Severance Pay Rights
It Should Not Be Considered as a Request to Conclude a Rescission Agreement )
TERMINATION OF THE EMPLOYEE’S EMPLOYMENT CONTRACT WITHOUT REASONABLE CAUSE AND WITHOUT GIVING ANY NOTICE PRIORITY ( It is understood that the plaintiff, who is a workplace physician, terminated his employment contract with a petition of his own hand, and he could not prove with concrete evidence that this document was taken from him by impairing his will / Since the employee who terminated the employment contract himself cannot claim the invalidity of the termination, the lawsuit will be dismissed )
4857/m.20/3
SUMMARY : The plaintiff requested a decision on the invalidity of the termination, reinstatement and legal consequences. The employee’s termination of the employment contract without just cause and without a notice period should be considered as resignation. The employee’s request, which is the most common form in practice, to resign on condition that the employee’s rights to notice and severance pay are paid, should not be considered as resignation, but should be considered as an invitation to conclude a mutual rescission agreement. In the event that the employer requests the employee to submit a written resignation petition by using his social and economic superiority, under the condition of paying the indemnities and similar pressures, and the employee complies with this, a real resignation cannot be mentioned. In this case, it should be accepted that the termination was carried out by the employer. According to the file content, it is understood that the plaintiff, who is a workplace physician, terminated his employment contract with a petition of his own hand, and it is understood that he could not prove with concrete evidence that this document was taken from him by impairing his will. The employee who terminated the employment contract himself cannot claim the invalidity of the termination. Acceptance of the lawsuit instead of dismissal is erroneous.
LAWSUIT : The plaintiff requested a decision on the invalidity of the termination, reinstatement and legal consequences. The local court decided to accept the lawsuit.
Although the judgment was appealed by the defendant’s lawyer within the time limit with a hearing; however, it was decided to reject the request for a hearing due to the nature of the case and to conduct the examination on the documents, and after listening to the report prepared by the Examining Judge for the case file, the file was examined, the necessity was discussed and considered:
DECISION : Plaintiff’s counsel The plaintiff, who worked as a workplace doctor for the defendant employer between 05/01/2015 – 31/12/2015, was forced to resign with unfounded accusations such as there were many complaints about him, otherwise it was stated that his employment contract would be terminated on the same day and that he would be forced to leave without paying any labor receivables and compensation, and his pride was broken in the face of this situation, claiming that the plaintiff, whose reputation was damaged and who was threatened to be thrown out of the door by security as of the same day, was forced to sign the report presented to him, that there was no reason for him to quit his job, and that he was forced to resign by pressure and threats, requested a decision on the invalidity of the termination and the reinstatement of the plaintiff.
Although the defendant’s attorney claimed that the plaintiff is a highly educated medical doctor and that he was forced to sign the report presented to him in the statement of claim, he prepared the report entirely of his own free will and in his own handwriting
The plaintiff argued that he terminated his employment contract with the resignation petition he submitted, and that the plaintiff had the knowledge and competence to foresee the consequences of his resignation and requested the dismissal of the lawsuit.
The court ruled for the acceptance of the lawsuit on the grounds that “in the face of the fact that it is not in accordance with the ordinary course of life that an employee who has worked for nearly a year resigns by giving up all compensation rights, the action taken by the defendant employer regarding the termination of the employment contract and the dismissal of the plaintiff employee is not in accordance with the Labor Law legislation, the procedure and procedure of dismissal, the principle of equal treatment among employees and the principle of last resort”. <
The decision was appealed by the defendant’s counsel.
In order for the employee to benefit from the employment security provisions, the employment contract must be terminated by the employer. The employee who terminates the employment contract cannot claim for invalidity of termination and reinstatement.
The termination of the employment contract by the employee without just cause and without a notice period should be considered as resignation. The most common form of resignation in practice, which is the termination of the employee’s rights to notice and severance pay
The request to quit on condition that the compensation is paid should not be considered as a resignation, but rather as an invitation to conclude a mutual rescission agreement. The employer’s condition to pay the compensation by using its social and economic superiority,
In the event that the employer requests the employee to submit a written resignation petition with similar pressures and the employee complies with this request, a genuine resignation cannot be mentioned. In this case, it should be accepted that the termination was carried out by the employer. However, this situation must be proved by the employee. According to the file content, it is understood that the plaintiff, who is a workplace physician, terminated his employment contract with a petition of his own hand, and it is understood that he could not prove with concrete evidence that this document was taken from him by impairing his will. The employee who terminated the employment contract himself cannot claim the invalidity of the termination.
Acceptance of the lawsuit instead of dismissal is erroneous.
Pursuant to Article 20/3 of the Labor Law No. 4857, our Chamber has decided as follows.
CONCLUSION : For the reasons explained above;
1. The decision of the Court is hereby VACATED and DISMISSED,
2. Dismissal of the case,
3. Since the fee was collected in advance, it is not necessary to collect it again,
4. The judicial expenses incurred by the plaintiff shall be left on the plaintiff, and the defendant’s judicial expenses of 205.00 TL.
to be collected from the plaintiff and paid to the defendant,
5. Taking the attorney fee of 1.980,00 TL, determined according to the tariff in force on the date of the decision, from the plaintiff
to the defendant,
6. The prepaid appeal fee shall be returned to the defendant upon request,
It was unanimously decided on 18.12.2017.