Turkish Labor Law
Related Articles
{mosimage}In accordance with Labor Law no 4857, the relationship between the employer and the employee is based on employment contract. In the case that one of the parties decides to terminate the employment contract, notice to the other party must be provided by the terminating party…
Labor Law no 4857 article 17 defines the notice periods as follows:
a) 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;
b) in the case of an employee whose employment has lasted for six months or more but for less than one-and-a-half year, at the end of the fourth week following the serving of notice to the other party;
c) in the case of an employee whose employment has lasted for one-and-a-half year or more but for less than three years, at the end of the sixth week following the serving of notice to the other party;
d) 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.
Within that frame, the terminating party is obliged to notify the other party in written form and taking the above-mentioned periods into consideration.
The terminating party is obliged to notify the other party. The party who does not abide by the rule to serve notice shall pay compensation covering the wages, which correspond to the term of notice.
As the employee is the terminating party in the case of a resignation, he will not be entitled to payment in lieu of notice. Moreover, if the employee terminated the contract without taking the notice period into consideration, he will be obliged to pay the notice payment for that period to the employee. If it is regulated by law that notice period will not be taken into consideration when terminating an employment contract, the parties can terminate the contract without being bound by notice period.
