Notice period and notice pay in Turkey are the legal obligations of the employer and the employee to notify the other party in case of resignation or dismissal and pay in lieu of notice in case of non-compliance with this period.
Employment lawyer in Turkey explained the employee’s right to notice pay, how to calculate notice pay and other issues of interest.
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What Is Employment Notice Period In Turkey?
Employment notice period in Turkish Labor Law refers to the period of time that is required to be notified to the other party beforehand if the employer or the employee terminates the employment contract without a justified reason. Notice period durations vary according to the length of the employment as follows:
- 2 weeks for an employee who has worked for less than 6 months
- 4 weeks for an employee who has worked for 6 months to 1.5 years
- 6 weeks for an employee who has worked for 1.5 years to 3 years
- 8 weeks for an employee who has worked for more than 3 years
It is important to emphasize that the notice periods listed above are the minimum periods and it is allowed to determine longer notice periods in the employment contract.
Notice In The Probation Period In Turkey
Under Turkish labor law legislation, it is allowed to set a maximum 2 month probation period in employment contracts. If the employment contract stipulates a probation period, it is not obligatory to comply with the notice period in order to terminate the employment contract within the probation period.
What Is Notice Pay In Turkey?
Notice pay is a compensation that must be paid by the party who terminates an employment contract without complying with the notice period in Turkey. The amount of the notice pay is the amount of the wage for the notice period. Under the following conditions, either the employee or the employer is eligible for notice pay:
- If the employment contract is an indefinite-term employment contract,
- If the employment contract is not terminated for just cause under Turkish labor law legislation,
- If it is not complied with the notice periods.
According to Article 17 of the Turkish Labor Law No. 4857, an employer can also terminate an employment contract by paying the wage for the notice period in advance.
It must be emphasized that the employer’s compliance with the notice period or payment of the notice pay before terminating the employment contract does not prevent the employee from filing a reinstatement lawsuit in Turkey. In the presence of certain conditions stipulated in the Turkish labor law, it is possible for the employee to file a reinstatement lawsuit and return to work as a result of this lawsuit.
You can read our article titled “Reinstatement Lawsuit in Turkey” for detailed information regarding the reinstatement lawsuit or contact our expert employment law attorney in Turkey.
How To Calculate Notice Pay According To Turkish Labour Legislation?
Notice pay in Turkey is calculated by multiplying the daily gross salary of the employee by the number of days of the notice period. In the calculation of the gross salary, additional benefits provided to the employee regularly, such as transportation and meal allowances are also included in the gross salary.
Following the calculation of the gross notice pay as above, the net amount of pay in lieu of notice is calculated by applying tax deductions. However, when calculating the notice pay, insurance premium deduction is not applicable.
Labour Lawsuit For Notice Pay In Turkey?
Labour lawsuit for notice pay can be filed against an employer who terminates an employment contract without just cause and neither notifies the employer within the notice period nor pays the notice pay in Turkey.
The lawsuit for notice pay must be filed within 5 years from the date of termination of the employment contract. Otherwise, the period for filing a claim for notice pay will expire.
