Turkish Labor Law
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As per article 17 of Turkish Labor Law 4857, both employee and employer can terminate an open-ended employment contract, provided that required notice period is given to other party. In case fixed-term employment contract is concluded only for a defined period of time (with a specified end date) there will not be a notice of termination/notice pay obligation.
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.
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 as well may pay the notice payment for terminating the contract (by resignation).
In the presence of just cause for termination parties doesn’t have to observe notice periods.
JOB SEEKING LEAVE
Employee, whose contract is terminated, should be allowed at least two hours job seeking leave within working hours during the notice period. Employee may use these hours as total 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 does not grant the permission to seek new employment or allows less time than that stipulated in this Article, he must pay the employee the wages corresponding to the time to which he was entitled.
If the employer makes the employee work during the time to be allowed for seeking new employment, he must compensate the employee twice the amount of wages he is entitled to even for no work during the time which should be allowed for seeking new employment.”
Another important point is that taking the job seeking leave in total doesn’t change the actual the leaving date in SSI..
For example end of notice pay is 31 May 2018 and employee used 3 days leave as total. So he can cease to work on 28 May, but the actual leaving date will be 31 May 2018 from the point of SSI.
