What are the procedures of termination of employment contract?

An employee shall work under a written employment contract in any establishment. The employee’s quitting work means  cancellation  the contract. In that case, the reason for leave shall be clearly stated.

  • Cancellation of contract by the employee (quitting)
  • Cancellation of the contract by the employee for righteous cause
  • Cancellation of the contract by the employee to carry out military duties orfor retirement
  • Cancellation of the contract by the employer based on performance of the employee
  • Cancellation of the contract by the employer based on conduct of the employee
  • Cancellation of the contract by the employer based on operational requirements of the establishment or service
  • Cancellation of the contract by the employer for  righteous cause

are among frequently encountered situations.

In these situations, the employee is to be paid his total wages and other entitlements as of the date of the cancellation of the contract; and the amount  to be  paid shall be stated in detail. Social Insurance and Universal Health Insurance Law No 5510 brings along a new requirement about the procedure of leave. In this scope, Social Security Institution shall be notified about the end of insurance coverage of the employee within ten days of the cancellation of the contract.. According to the new regulation effective as of August 1, 2009, if the notification obligation is not pursued in accordance with procedures and within the determined time period, administrative fine equal to the minimum wage shall be applied for each insurance holder.

Also this  notification will replace notifications made to Ministry of Labor with Appendix-2 and ISKUR (Empluyment Agency of Turkey) with Notification of Leave. No additional notificationto the related institutions will be required.

 

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