Turkish Labor Law
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Here are some of the most frequently asked questions we receive on notice period.
WHAT IS NOTICE PERIOD?
A notice is a written notification informing that employment contract will be terminated within the period determined by the Labor Law No. 4857.
In the case of terminating an open-ended employment contract, a notice should be given by the terminating party (employer or employee) allowing the other party to make necessary arrangements; for employer to fill in the vacancy, for employee to start seeking new employment.
WHAT ARE THE DIFFERENT TYPES OF NOTICE PERIOD?
The minimum notice periods depend on the length of service as shown below:
- Less than 6 months: 2 weeks
- 6 month to 1.5 years: 4 weeks
- 1,5 years to 3 years: 6 weeks
- More than 3 years: 8 weeks
CAN NOTICE PERIODS BE AVOIDED?
- Notice periods can be substituted by payment in lieu. The employer may terminate the employment contract by paying in advance the wages corresponding to the term of notice. Employee may as well pay the notice payment for terminating the contract (by resignation).
- In the presence of just cause, termination parties don’t have to observe notice periods.
HOW TO CALCULATE NOTICE PERIOD?
Notice period is determined as weekly in the Law. It is calculated as calendar day, i.e. weekends and public/national holidays are included.
In practice, notice is given at the end of the work days. In these cases the period starts in the following day.
IS IT POSSIBLE TO DETERMINE DIFFERENT NOTICE PERIODS?
Notice periods stated in the Law are the minimum periods. These periods can be extended by the employment contracts or collective bargaining but they cannot be reduced.
WHAT IS JOB SEEKING LEAVE?
Employee, whose contract is terminated, must be allowed at least two hours job seeking leave within working hours during the notice period. Employee may use these hours combined, provided that he/she informs the employer before the termination date.
Job seeking permission is arranged in article 27 of Labor Law;
“During the term of notice the employer must grant the employee the permission to seek new employment within working hours without any deduction from his wage. The time devoted to this purpose should not be less than two hours daily and if the employee so requests such hours may be added together and taken at one time. But if the employee wishes to take these hours at one time, he must do so on the days immediately preceding the day on which his employment ceases and must inform the employer in advance.
If the employer makes the employee work during job seeking period, he must compensate the employee twice the amount of the wage.
Another important point is that taking the job seeking leave added together and at once doesn’t change the actual the leaving date in SSI.
For example, end of notice pay is 20 April 2018 and employee used 3 days leave as total. He/she can cease to work on 17 April, however, the actual leaving date will be 20 May 2018 from the point of SSI.
ARE SICKNESS REPORTS INCLUDED IN NOTICE PERIOD?
No. In case of sickness report is provided during notice period, duration of the report is added to notice period.
CAN ANNUAL VACATION BE INCLUDED IN NOTICE PERIOD?
In case an employee takes his/her annual leave during notice period, duration of annual leave will be added to notice period.
