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Termination of Employment Agreement by Abrogation
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Att. Süleyman Sevinç
Employers and employees can terminate an employment agreement
by mutual consent at any time. This is a result of the freedom to contract,
which is accepted in every case except for the special restrictions
regulated under the Code of Obligations. At this point, there is no
difference between an employment agreement for a definite term and
an employment agreement for an indefinite term. The agreement to
terminate the employment agreement in this way is called an “abrogation
agreement”.
Since the termination of an agreement through an abrogation
agreement is not a termination of the employment agreement, the
provisions concerning job security cannot be applied. Similarly,
compliance with notification time or payment of the compensation
related to the notification time (notification compensation) and payment
of severance compensation do not arise. In other words, an employee is
not entitled to the severance and notification compensation and cannot
benefit from job security provisions. Moreover, an employee is not
entitled to the unemployment allowance stipulated under Law No. 4447.
For these reasons, “a reasonable benefit” for the employee is required
by the 9th Civil Chamber of the Court of Appeal for the conclusion of an
abrogation agreement. The Court of Appeal’s skeptical approach may be
explained by the use of this institution by employers to avoid fulfilling
the job security provisions.
It is obvious that the Court of Appeal’s skeptical approach continues
after the entry into force of Labor Act No. 4857, and the principle of
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Article of January 2011