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Law, the situations sited below are deemed as invalid termination rea-
sons:
• Participating in union activities after working hours or during
working hours with the consent of the employer or being a
member of a union.
• Being a union representative.
• Applying to administrative or judicial authorities against the
employer to claim regulatory or contractual rights or to fulfill
the obligations or participating in the process initiated in this
regard.
• Race, color, sex, marital status, family responsibilities, preg-
nancy, religion, political opinion and similar reasons.
• Not coming to work during maternity leave.
• Due to illness or accident, temporary absence from work during
the waiting period prescribed in Article 25 of the Labor Law (ı)
numbered clause and (b) sub- clause.
Not being a Representative of the Employer
In the 2
nd
Article of the Labor Law, it is stated that ‘
Anyone who
acts on behalf of the employer and is involved in the management of
the enterprise, workplace and business, is called vice principal. The
employer is directly responsible for the vice principal’s operations and
liabilities against workers. All obligations and responsibilities of the
employer also bind the vice principal. Being a vice principal does not
eliminate the rights and obligations given to the employees
.’ As it is
seen from the definition, vice principal is an authorized person in man-
agement.
In accordance with the last paragraph of Article 18 of the Labor
Law, the representatives and assistants of the employer who conduct
the management and administration of a whole business and the repre-
sentatives of the employer who have the authority for recruitment and
dismissal, and conduct the management and administration of the
whole workplace are not eligible to open a re-employment lawsuit.
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