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Abstract

<jats:p>By defining the grounds for the termination of employment relations, the legislator has also established the specific implementation procedures for each of them, which are important safeguards for protecting the labor rights of both the employer and the employee. The purpose of this article is to highlight the specific features of terminating a labor contract at the initiative of the employer in cases where the employee regularly fails to fulfil the obligations reserved for him or her by the labor contract or the internal regulatory rules, with no good reason, or in cases where the employer has lost confidence in the employee. The additional legal regulations provided by other articles of the Labor Code regarding the termination of a labor contract at the initiative of the employer on the above-mentioned grounds describe the characteristics, manifestations, or conditions that define such cases and aim to further clarify the specific procedures for terminating the labor contract in each instance. However, analysis of the existing legal framework reveals that there are still legal gaps that require regulation. Specifically, within the scope of this study, by analyzing judicial practice and relevant legislative regulations, and considering the perspectives of legal certainty and the limitation of employer discretion, it is proposed that the term "educational-pedagogical function" be explicitly defined in sectorspecific legislation.</jats:p>

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Keywords

labor employer contract legal specific

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