By the Circular dated 01.04.2021 issued by the Presidency of Social Security Institution (SGK), modifications were made regarding the Resignation Codes by amending the Circular No: 2013/11 of the Social Security Institution.
With the general modification, the code "29 - Termination due to the employee's violation of ethics and good faith rules by the employer" under the subtitle "Reason for Resignation" in the Circular No: 2013/11 of the Social Security Institution has been removed, and separate codes have been arranged for each reason for termination stated in Article 25/2 of the Labor Law. The newly created codes resulting from this regulation are shown in the table below.
| CODE | EXPLANATION | ARTICLE OF LAW |
|---|---|---|
| 42 | If, when the contract was concluded, the employer misled the employee by stating the conditions of work incorrectly or by giving him false information or by making false statements concerning any essential point of the contract; | Article 25-II-a of Law No. 4857 |
| 43 | If the employer is guilty of any speech or action constituting an offence against the honour or reputation of the employee or a member of the employee's family, or if he harasses the employee sexually; | Article 25-II-b of Law No. 4857. |
| 44 | If, the employee sexually harasses another employee of the employer; | Article 25-II-c of Law No. 4857. |
| 45 | If an employee directs unwelcome behavior towards the employer, a member of the employer's family, or another employee, arrives at the workplace while intoxicated or under the influence of drugs, or utilizes such substances within the workplace; | Article 25-II-d of Law No. 4857." |
| 46 | If an employee engages in acts contrary to truthfulness and loyalty, such as exploiting the employer's trust, committing theft, or disclosing the employer's proprietary information; | Article 25-II-e of Law No. 4857." |
| 47 | If an employee commits an offense for which a sentence of imprisonment exceeding seven days is imposed, and such sentence is not subject to deferral, while situated within the premises of the workplace; | Article 25-II-f of Law No. 4857." |
| 48 | 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; | Article 25-II-g of Law No. 4857." |
| 49 | If the employee refuses, after being warned, to perform his duties; | Article 25-II-h of Law No. 4857. |
| 50 | 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; | Article 25-II-I of Law No. 4857. |
As a result: Before the revision, instances wherein the employer's actions contravened moral and good faith principles, thereby justifying immediate termination rights as prescribed by Article 25 of the Labor Law, were encompassed by Code-29. However, as a consequence of the amendment introduced via the Circular, distinct codes have been designated for each circumstance outlined in Article 25/2 of the Labor Law. In line with this, effective April 1, 2021, the termination codes as delineated in the aforementioned table shall be duly considered in the formulation of separation notifications. In the event of any ensuing disputes subsequent to employment termination, the code referenced in the separation notification shall be deemed binding, representing the grounds for contention throughout the course of legal proceedings.
Originally published 16.06.2023
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