Bildirim Yükümlülüğü ve İşten Çıkarma Tazminatı

This page was last updated on: 2023-12-31

Bildirim Yükümlülüğü

Both the parties (employer and employee) are entitled to terminate the employment contract of an indefinite period by observing a minimum notification period. An indefinite contract is terminated by giving a written notice to the other party or paying in lieu of notice. The length of the notice period depends on the length of the employment. The minimum notice period is:

i. 2 weeks if the length of employment is less than 6 months;

ii. 4 weeks if the worker has worked with the employer for more than 6 months but less than 18 months;

iii. 6 weeks if the worker has worked with the employer for more than 18 months but less than 3 years;

iv. 8 weeks if the worker has worked with the employer for more than 3 years.

The above-mentioned periods are the minimum periods mentioned in the law which can be increased by contracts between the parties. A party which does not observe a notice requirement has to pay compensation in lieu of notice. Either party may terminate the employment contract with immediate effect without giving any notice in case of certain justified reasons which may include reasons of health, morality/good character and force majeure. Termination for justified reasons must take place within 6 working days, immediately following the acknowledgement of misconduct and in no case later than one year after the misconduct.

Source: Art. 17, 24-26 of Labour Law 2003; 42-52 of Social Security Institution Circular

İşten Çıkarma Tazminatı

Labour Law 2003 provides for severance pay in its transitional article no. 6. It foresees establishment of a severance pay to employees in case of a redundancy. It indicates that provisions of art. 14 of the Labour Act No. 1475 (which was repealed after passage of the Labour Law 2003) will remain in force until a new Act relating to severance pay is passed. To be entitled to severance pay, a worker must have worked with the employer for at least one year. Severance pay is paid at the rate of 30 days' wages for each completed year of service. For periods exceeding one year, payment on pro-rata basis would be made.Severance pay is due if the employment contract is terminated on the following grounds:

i. By the employer for just cause other than those specified in Article 25/II of the Labour Law, (employee's immoral or dishonourable conduct or similar behaviour);

ii. By the employee according to Article 24 of the Labour Law (for any just cause);

iii. Due to being called up for military service;

iv. Due to qualifying for an old-age, retirement, disability pension;

v. Female employee's resignation due to her marriage within one year following the marriage;

vi. In the event of employee's death.

Since workers are entitled to one month of salary for each year of service, the government has introduced payment ceiling for the severance which will be revised after every six months. The payment ceiling for severance pay is TL7,638.69 (gross) for the period between 1 January 2021 to 30 June 2021.

Source: Transitional Art. 6 of Labour Law 2003, art. 14 of the Labour Act No. 1475, 1971

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