Notice of Termination for Employment Contracts in Turkish Labor Law
Author: Mr. Gökhan Cindemir , Phd Candidate , Senior Partner Lawyer cindemir@cindemir.av.tr
The employment contract may be terminated in several way;
- By the consent of the parties about terminating the contractual relation.
- By the death of the employee (Code of Obligation)
- Due to Deadline of the Contract
- Termination of Labor Contract with notification
In case of termination of the labor contract, Employer or Employee must notify the contract’s termination prior to certain time periods which are determined by the law. These periods are depending on the employment duration of employee. If termination is done without notification, then employer must pay the salary which amounts to the period determined by the law.
“Article 17. Before terminating a continual employment contract made for an indefinite period, a notice to the other party must be served by the terminating party.
The contract shall then terminate:
- in the case of an employee whose employment has lasted less than six months, at the end of the second week following the serving of notice to the other party;
- in the case of an employee whose employment has lasted for six months or more but for less than one-and-a-half years, at the end of the fourth week following the serving of notice to the other party;
- in the case of an employee whose employment has lasted for one-and-a-half years or more but for less than three years, at the end of the sixth week following the serving of notice to the other party;
- in the case of an employee whose employment has lasted for more than three years, at the end of the eighth week following the serving of notice to the other party.
These are minimum periods and may be increased by contracts between the parties.”
UP TO 6 MONTHS EMPLOYMENT 2 WEEKS NOTIFICATION PRIOR TO TERMINATION OF CONTRACT
UP TO 6 MONTHS TO 12 MONTHS 4 WEEKS NOTIFICATION PRIOR TO TERMINATION OF CONTRACT
1,5 YEAR TO 3 YEARS 6 WEEKS NOTIFICATON PRIOR TO TERMINATION OF CONTRACT
MORE THAN 3 YEARS 8 WEEKS NOTIFICATION PRIOR TO TERMINATION OF CONTRACT
These periods cannot be lessen by employer with provision stipulated in the employment contract.
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