Att. A. Vahit KAYA
According to the Turkish Labor Law employers and employees are required to give specified notification periods prior to the termination of an employment contract, as shown in the following table.
|Required minimum notification periods for employers and employees|
|Duration of service||Duration of notification period|
|0 - 6 months||2 weeks|
|6 - 18 months||4 weeks|
|18 - 36 months||6 weeks|
|more than 36 months||8 weeks|
There are two types of termination for an employment contract under Turkish Employment Code eleborated below. ( Labor Law no. 4857 )
1) Termination with notification
Both the employee and the employer may terminate an employment contract concluded for an indefinite period based on the notification periods indicated in the above table. The party who does not abide by the rule to serve notice shall pay compensation covering the wages which correspond to the notification period in order to terminate the employment contract.
2) Termination of an employment contract before the end of the contract period or before the notification periods stated above, based on justifiable and rightful reasons stated in the Labor Law
Both the employer and employee have the right to terminate an employment contract before its expiry or without having to comply with the prescribed notification periods, in the following cases:
An employee who quits satisfying the conditions indicated in the Labor Law or whose employment contract is terminated by the employer must be compensated with a severance pay to be calculated based on the salary and employees’ seniority at the work place.
This indemnity pay is calculated on the basis of the last thirty days’ gross wage per year of the employment contract from the commencement date of employment. The thirty days’ payment per year of employment may not exceed the upper limit determined semi-annually. However, severance pay may be agreed to be paid at an amount higher than the limit indicated above in case there is a provision in the employment contract.
Unlike other European Countries, in Turkey there are some reasons of which employees are entitled to receive severance pay are as follows: