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Notice of Termination for Employment Contracts in Turkish Labor Law

The employment contract may be terminated in several way;

  1. By the consent of the parties about terminating the contractual relation.
  2. By the death of the employee (Code of Obligation)
  3. Due to Deadline of the Contract
  4. Termination of Labor Contract with notification

In case of termination of the labor contract, Employer or Employee must notify  the contract’s termination prior to certain time periods which are determined by the law. These periods are depending on the employment duration of employee. If termination is done without notification, then employer must pay the salary which amounts to the period determined by the law.

 “Article 17. Before terminating a continual employment contract made for an indefinite period, a notice to the other party must be served by the terminating party.

The contract shall then terminate:

  1. 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;
  2. in the case of an employee whose employment has lasted for six months or more but for less than one-and-a-half years, at the end of the fourth week following the serving of notice to the other party;
  3. in the case of an employee whose employment has lasted for one-and-a-half years or more but for less than three years, at the end of the sixth week following the serving of notice to the other party;
  4. 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.

These are minimum periods and may be increased by contracts between the parties.

UP TO 6 MONTHS EMPLOYMENT                       2 WEEKS  NOTIFICATION PRIOR TO TERMINATION                                                                                   OF CONTRACT

UP TO 6 MONTHS TO 12 MONTHS                    4 WEEKS NOTIFICATION PRIOR TO TERMINATION                                                                                      OF CONTRACT

1,5 YEAR TO 3 YEARS                                          6 WEEKS  NOTIFICATON PRIOR TO  TERMINATION                                                                                    OF CONTRACT

MORE THAN 3 YEARS                                          8 WEEKS  NOTIFICATION PRIOR TO TERMINATION OF                                                                             CONTRACT

These periods cannot be lessen by employer with provision stipulated in the employment contract.

Gökhan Cindemir , Attorney At Law

After he completed his high school degree in Turkey, he went to Belgium with AFSintercultural exchange program and completed his high school degree in Belgium. Upon his return to Turkey, he obtained his law licence degree from Marmara University of Law Faculty of Istanbul, Turkey. During his university education, he had participated in Philip C.Jessup International Law Moot Court Competition on behalf of Marmara University, Istanbul. He became member of Istanbul Bar Association, then after he had been granted to a master’s degree, LL.M by Gent University of Belgium in the field of European and Comparative law. He completed his one year millitary duty at Legal Affairs Department of Central Command Headquartes in Ankara with Lieutenant Rank. He is specialized in all matters concerning International Private Law, European Law, Family Law, Employement Law, Real Estate Law, Penal Law and Tort Law. He speaks fluent English and has good command of Dutch and French. He is also authorized as a solicator, barrister.

gokhan@cindemir.av.tr

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