Absenteeism records in Türkiye: the art. 25/II-g thresholds and proper records

The thresholds in the law

Under art. 25/II-g, if the employee fails to come to work in one of the following ways without the employer’s permission or a valid reason, the employer may terminate without waiting for the notice period:

Source: Turkish Labour Law No. 4857 art. 25/II-g. Thresholds count working days; weekly rest days and public holidays are not absence days.

The excuse question: who decides what is “valid”?

The law looks not only at lack of permission but also at the absence of a valid reason. An employee who misses work because of illness, an accident or a relative’s sudden death may have a valid reason even if they could not notify the employer. Whether a reason is valid is a factual assessment, and in a dispute the court decides.

So before establishing absenteeism, try to reach the employee and ask the reason. Treating a day as “unexcused” while a reported excuse is still being assessed can lead to a wrong termination decision.

What should the record contain?

• Date, time and the employee’s name; the day not worked stated clearly.
• Attempts to reach the employee: who called, when, by which channel (phone, message) and the answer.
• Evidence that there is no clock-in (attendance or time-tracking record).
• Names and signatures of at least two employees who witnessed it; the name of the person drawing up the record.
• A separate record for each day of absence. If the threshold is met over several days, each day is documented.

The law does not prescribe a format for the record; the items above are what strengthen it as evidence in practice. The record is assessed together with the employee’s statement taken on their return.

Time limit: six working days and one year

The right to terminate based on conduct against morality and good faith, such as absenteeism, can no longer be used once six working days have passed from the day the employer learns of it, and in any case one year after the act (art. 26). If a record is drawn up and then left for months, the right to terminate may lapse.

Pay for absent days and annual leave

• Pay. The unworked day need not be paid; that is not a penalty but the counterpart of time not worked. Docking more than that falls under the art. 38 wage-deduction rules.
• Annual leave. Absences not listed in art. 55 move the date on which the annual leave right arises forward (art. 54).

In our workforce management system an expected working day without attendance is classified from records as excused or unexcused: if there is an approved or pending notice, it counts as excused. A manager can make a reasoned entry on behalf of an employee who could not report; who entered it and when is stored. The system does not calculate the art. 25 thresholds or suggest termination; the classification is not a legal assessment. Details: time and attendance.

This guide is for information only and is not legal or payroll advice. Your collective agreement or employment contract may contain more favourable terms.