Işçinin kendisinin işi ile ilgili olmayan bir hastalığa yakalanması, haklı fesih nedeni sayılıp, kıdem tazminatına hak kazandıran bir durum mudur?

Turkish Labour Act numbered 4857 regulates the termination of worker contracts for the reason of illness in two different conditions; a) If the performance of the work stipulated in the contract endangers the employee’s health or life for a reason which
it was impossible to foresee at the time the contract was concluded. b) If the employer, his representative or another employee who is constantly near the employee and with whom he is in direct contact is suffering from an infecting disease or from a disease incompatible which the performance of his duties. This paper examines two different decisions of the 9th Court of Appeal regarding the termination of the contracts on the basis of health problems. In the first instance a worker who is identified with hepatitis the court did not approve the dismissal of the worker, while in the second case where a worker has suffered from psychological problems the court approved the termination of the contract.

Employee ,

Dismissal ,

Severance payment ,

Illness ,