Warning Notice Regarding Absence from Work

PINK SLIP

ISSUED BY : [Name and Surname of Issuer]

ATTORNEY : Attorney [Name and Surname of Attorney]

THOSE WARNED (ADDRESSED) : [Addressed Person's Name and Surname]

SUBJECT OF THE WARNING : Warning regarding your absence from work.

EXPLANATIONS

[Recipient Name and Surname]
Date and Place of Birth: [01/01/1980, …]
Father's Name: […]
Turkish Republic Identity Number: [….]
Address: [Recipient Address]

You are employed at our company, [ … Tic. Ltd. Şti.], located at … address, in the position of “…”.

It has been determined that you did not come to work between [01/08/2024 – 03/08/2024] without obtaining permission from your superiors or informing them. This will serve as the basis for the actions to be taken against you;

• If you have a medical reason, you will need a document from the hospital
• If you have a valid reason preventing you from coming to work, you will need to provide official documentation to prove it

We hereby inform you that you must submit this document to the Human Resources Department of [… Tic. Ltd. Şti.] within three days; otherwise, if it is determined that you have not come to work with an acceptable excuse, your employment contract will be terminated without notice or compensation in accordance with Article 25-II-g of the Labor Law No. 4857.

Dear Notary Public, we, as the attorney respectfully submitting this notice, request that one copy of this notice, which consists of three copies, be kept in your office, one copy be served to the addressee through an official, and one copy bearing the service endorsement be given to us.

[…/…/…]
Issuing Attorney
: [Attorney's Name and Surname]
Signature

Supreme Court Commentary

7th Civil Chamber, Case No. 2015/3573 E., Decision No. 2015/5631 K.

...An employee's absence from work does not, in every case, give the employer the right to terminate the employment contract for just cause. If the absence is justified, the employer does not have the right to terminate the contract immediately and for just cause. Reasons that justify absence include illness, the death or illness of a family member or close relative, or the employee's participation as a witness or expert. In proving the excuse, reports from private health institutions should be given weight unless their authenticity is challenged and proven otherwise.The employer does not have the right to terminate the contract for just cause unless the absence is two consecutive working days, or two working days following a holiday within a month, or three working days within a month. The employee must not have worked at all on the specified working days. Accumulating the number of days of absence does not create grounds for justified termination by the employer. Absence is the situation where an employee does not attend work. An employee who goes to the workplace but does not begin to perform their work duties should not be considered to have been absent. The employee's persistent refusal to perform their duties, even after being reminded of them, constitutes a separate ground for termination, and this should be evaluated in accordance with Article 25/II-h of Law No. 4857.
The phrase "one month" in the article refers not to a calendar month, but to the period of one month following the first absence. The one-month period ends on the same day of the following month as the day of the first absence. If the day of the first absence is not found in the last month, the one-month period ends on the last day of the last month. Subsequent absences are evaluated within the following monthly periods. A workday should be understood as a day the employee is required to work. If the employment contract contains a clause stating that work will be performed on public holidays, then failure to work on those days also gives the employer grounds for justified termination. If Saturday is a workday at the workplace, absence on that day, if other conditions are met, may also constitute a reason for justified termination. In the case of suspension of the employment contract, the employee's failure to report to work on the day they are required to work should also be considered as absenteeism.