Termination Due to Poor Performance
Not Every Bad Employee Can Be Dismissed Without Compensation
Many employers think poor performance automatically means “termination without compensation.”
Turkish employment law does not really work that way.
Under the Turkish Labor Law, termination systems are generally divided into two categories:
justified termination
valid termination
And the difference matters a lot. Because one may remove severance and notice compensation rights. The other usually does not.
Poor Performance Is Usually NOT a Justified Termination
Article 25 of the Turkish Labor Law regulates justified termination reasons.
Poor performance is not directly listed there.
Which means: an employee who performs badly is not automatically treated like someone committing fraud, violence, theft, or serious misconduct.
In most situations, poor performance becomes" at best for the employer " a valid termination reason.
And that distinction may become expensive later.
Especially once reinstatement lawsuits enter the discussion.
The Famous “30 Employee!” Threshold
Once a workplace reaches approximately 30 employees and the employee has at least 6 months of seniority under an indefinite-term contract, the legal risk grows considerably.
Because at that point, the employee may file a reinstatement lawsuit.
And if the employer cannot properly prove the performance issue:
the termination may become invalid the employee may regain reinstatement rights the employer may face compensation risks reaching several months of salary. Sometimes much more painful than standard severance payments.
Performance vs Productivity
Turkish courts also separate “performance” from “productivity.” Those are not always the same thing. An employee may appear inefficient because:
the organization is weak the machines constantly fail management is chaotic targets are unrealistic the system itself simply does not function properly. Courts frequently ask a dangerous question for employers:
“Did the employee really perform poorly, or did the company fail to organize the work properly?” And honestly, sometimes the answer hurts management more than the employee.
Temporary Problems Are Usually Not Enough
Employees are not robots.
A temporary decline usually does not justify termination.
One bad sales month rarely solves the problem legally.
Even star football players occasionally play terrible matches.
Turkish courts generally expect:
continuity
measurable decline
objective comparison
written records
realistic standards
Without documentation, “he was underperforming” often becomes just an opinion. And opinions do not always survive inside courtrooms.
What Employers Usually Forget
This part creates most lawsuits. Before terminating due to performance issues, employers are generally expected to:
create objective performance criteria
notify the employee clearly
apply standards equally
provide training or support
request written defense statements
allow reasonable improvement time
consider lighter measures first
Because termination is expected to be the last option.
Not the first emotional reaction after a bad meeting.
The “Paper Trail” Problem
Many managers verbally complain about employees for years.
But the personnel file stays completely empty. Then suddenly:
one defense request one termination letter
one shocked HR department
one lawsuit
And inside court:
the employee appears “perfect” on paper.
Judges usually care more about documented reality than office gossip.
Which means: if the file is empty, the employer often enters the courtroom almost empty-handed.
Reinstatement Risk
If the employer fails to prove the termination properly, courts may order reinstatement.
And if the employee is not rehired afterward:
4 to 8 months of compensation
up to 4 months of idle period wages
additional legal costs may appear.
This is why performance terminations are often much riskier than companies initially expect.
Practical Reality
Poor performance is probably one of the most abused termination justifications in practice. Because employers sometimes see it as the “safe” option. Turkish courts do not.
Courts usually examine:
whether the standards were realistic
whether the process was documented
whether the employee was warned properly
whether improvement was possible
whether termination was truly the last option
And yes: sometimes the real performance problem belongs to management itself. Full original article is available in Turkish on this website. https://onurpug.av.tr/blog/performans-dusuklugu-nedeniyle-is-akdinin-feshi
