In a street interview video that went viral on social media, a Getir courier said, “I work 14 hours a day. I have no purpose, no purpose. Is this why I came into the world, or just to work?” had used the words. The courier, who complained about the current economic situation, was fired days after the video went viral.
In a statement made today by Vigo, which provides courier employment services to Getir ve Getir, it was confirmed that the courier was fired, but it was stated that the courier was not subject to any sanctions related to the interview, but was dismissed “for other reasons related to work discipline”.
Courier, in a statement to the Republic; He claimed that a week ago, his manager called him and said, “There is such a situation, they want to fire you.” The manager was alleged to have said to the courier, “That’s why I wanted one more chance for you, don’t give an interview or something like that again, don’t lose your last chance,” expressing that the people in the company thought that time had passed and the incident was forgotten.
If the courier’s allegations are true and the only reason is to express his thoughts in a street interview, is that a legal reason to be fired?
According to the lawyer we consulted, there is no legal prohibition. There is no crime in the courier’s speech. Nor does he accuse the employer of saying “I can’t get my money” or anything else. He uses sentences like “The more I work, the more I earn”.
There is no text in the law on talking in a company uniform in a street interview, but there is a clause in cases where the employer can terminate it.
Employer’s Justified Reasons for Termination:
Labor Law No. 4857 art. 25, the employer’s justifiable grounds for termination are categorized under 4 main headings as indicated below and detailed in sub-clauses.
1 – Health reasons:
- Due to the fact that the worker is absent for more than three working days in a row or five working days in a month due to his own intention, untidy life or addiction to alcohol, or due to his disability,
- If the Health Board determines that the disease the worker is holding is incurable and that there is a problem in working at the workplace, the employer may terminate the employment contract with just cause based on health reasons.
2 – Situations that do not comply with the rules of morality and goodwill and the like:
- In the event that the worker misleads the employer by claiming that he does not have the qualifications or conditions required for one of the essential points of this contract at the time of the employment contract, or by saying that he has them, or by saying false information or words,
- When it is in question that the worker makes words or acts that will harm the honor and honor of the employer or one of their family members, or makes unfounded denunciations and accusations about the employer, which degrades honor and dignity,
- In case the employee sexually harasses another employee of the employer,
- In case the worker taunts the employer or one of his family members or another employee of the employer, comes to the workplace drunk or taking drugs, or uses these substances in the workplace,
- In case the worker behaves inconsistently with honesty and loyalty, such as abusing the employer’s trust, stealing, revealing the employer’s professional secrets,
- In the event that the worker commits a crime at the workplace, which is punishable by imprisonment for more than seven days and whose penalty is not suspended,
- In the event that the worker does not continue to work for two consecutive working days or two working days after any holiday in a month, or three working days in a month, without obtaining permission from the employer or for a justified reason,
- In case the worker insists on not performing the duties he is responsible for, despite being reminded of it,
- The employer has the right to terminate with just cause, in the event that the worker’s own will or negligence endanger the safety of the work, damage or loss the machines, installations or other goods and materials that are or are not the property of the workplace but are at his disposal to such an extent that he cannot pay the amount of his thirty-day wage. It is possible.
3 – Forced reasons:
- In the event of a compelling reason preventing the worker from working at the workplace for more than one week, the employer may terminate the employment contract with just cause.
4-Detention or arrest of the worker:
- If the employee’s absence due to his detention or arrest exceeds the notification period in Article 17, the employment contract may be terminated by the employer for just cause.
The employer is not obliged to pay severance pay when there is a justified reason for termination.
There is also a valid reason for termination. In this case, the employer can terminate the employment contract by paying the worker’s labor receivables. Termination for valid reason is a little more comprehensive, but let’s briefly talk about the titles:
A. Valid Reasons Arising from Worker’s Incompetence and Behaviors Reasons That Have Significantly Negatively Affected the Performance of Work in the Workplace
1. Reasons arising from the incompetence of the worker
- a. Inability to work
- b. Working less productively than those doing similar work, on average.
- c. Having lower performance than expected due to the qualities it displays,
- d. Decreased concentration on work
- e. Lack of learning and self-education,
- f. get sick often
2. Reasons arising from the behavior of the worker
- a. Harming the employer or creating the anxiety of repeating the damage,
- b. Borrowing money from colleagues in a way that causes discomfort in the workplace,
- c. inciting your friends against the employer,
- d. Performing his/her job incompletely, poorly or insufficiently despite warnings,
- e. Entering into relationships with other people in a way that will negatively affect the work flow and work environment in the workplace,
- f. Performing his/her job incompletely, poorly or insufficiently despite warnings,
- g. Making long phone calls that will interrupt the workflow,
- h. Coming late to work frequently and walking around the workplace by disrupting the work flow,
- i. Showing serious incompatibility with their superiors or colleagues,
- i. Engaging in frequent and unnecessary arguments, etc.
The reasons arising from the incompetence or behavior of the worker can only cause termination as valid reasons if they cause negativities in the workplace.
Valid Reasons for the Worker’s Competence or Behavior
1. Out-of-Workplace Reasons
- a. Decreased release and sales opportunities,
- b. Demand and order reduction,
- c. loss of foreign market,
- d. Energy shortage, economic crisis in the country, general stagnation in the market,
- e. It becomes impossible to continue the work in the workplace due to reasons such as raw material shortages.
2. Workplace Reasons
- a. Implementation of new working methods,
- b. narrowing of the workplace,
- c. Application of new technology,
- d. Cancellation of some parts of workplaces,
- e. Removal of certain types of work, etc.
In every termination related to valid reasons arising from the requirements of the business, workplace and work, it is decided whether the reason is valid or not, taking into account the concrete event.
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