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Notice Payment in Turkish Law

NOTICE PAYMENT IN TURKISH LAW

When the employment contract is terminated by the employer, there will be notice period. Under normal conditions, the employee continues to work until the expiry of the notice period and then leaves the job. What if the employer does not want the employee to work during the notice period?  The employer can opt for payment in lieu of notice for this. Payment in lieu notice means  the compensation that has to be paid to the employee if the employee ceases to work before the expiry of the notice period. Namely, the employer can prevent the employer from working during the notice period by paying a compensation, which is called payment in lieu of notice. The opposite situation is also possible. If the employee leaves the job before the expiry of the notice period without fulfilling its responsibilities, the employee will be also liable for payment in lieu of notice. To sum up, both the employer and the employee may be liable for payment in lieu of notice.

Now, let us talk about the job-leaving process to be eligible for payment in lieu of notice in Turkish law. These conditions should be satisfied for this. The employment contract should be terminated either by the employer or employee in accordance with the law. The law provides notice periods for the job-leaving process. Unless notice periods  are complied with by either of the parties, the violating  party will be liable for payment in lieu of notice to the other party. In this case, Article 17 of the Turkish Labor Law is applied and rights of the employer or the employee is protected.

THE CALCULATION OF NOTICE PAYMENT

After one of the parties becomes liable for payment in lieu of notice, the amount of payment is calculated according to Article 17 of the Turkish Labor Law No. 4857. Article 17 stipulates that when the indefinite employment contract is terminated by either of the parties, the following notice periods should be given to the other party.

  • For employees who has worked at the workplace fewer than 6 months, two weeks upon the notification of the termination of the employment contract to the other party.
  • For employees who has worked at the workplace between 6 months-1.5 years, four weeks upon the notification of the termination of the employment contract to the other party
  • For employees who has worked at the workplace between 1,.5 -3 years, six weeks upon the notification of the termination of the employment contract to the other party
  • For employees who has worked at the workplace more than3 years, eight weeks upon the notification of the termination of the employment contract to the other party

The employee has to leave the job upon the expiry of these periods. If either of the parties does not comply with it, it will be liable for payment in lieu of notice.

For more detailed information about compensation cases, you can contact us on our contact page.

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