Both the employees and employers in Turkey are entitled to
terminate employment contracts by following certain minimum
notification periods, depending upon the length of the service of
employees, without indicating any reason. Any party that fails to
fulfill the notification obligation should pay compensation (ie,
notification payment or lieu of notice, equivalent to the wages
corresponding to the notification period).
Length of the Service of Employees
Less than six months
Six to 18 months
18 months to three years
More than three years
As per the Labour Law, in cases where an employee contract is
terminated with notification by the employer (other than cases an
employee contract is terminated after at least one year for reasons
which are incompatible with morals and goodwill and similar
circumstances) the employer pays the employee a severance payment
at the rate of 30 days' wages for each full year as of the date
of the employment.
The employer's right to terminate the employment contract
for just cause such as serious misconduct or malicious or immoral
behavior of the employee is reserved by the law. Either employees
or employers can terminate the employment relationship without
having to comply with the legal notice periods. A just cause gives
the parties the right to effect immediate termination without a
The notice of the termination should be given by employers in
written form, including the reason for the termination which must
be specified in clear and precise terms. The employment of an
employee engaged under a contract with indefinite term should not
be terminated for reasons related to the employee's conduct or
performance before he is provided with the opportunity to defend
himself against the allegations.
Where the length of the service of an employee is at least six
months and there are at least 30 employees working at the
workplace, then an employer is obligated to provide a valid reason
either relating to the efficiency, behavior of the employee or the
requirements of the enterprise, workplace or the work in order to
terminate the contract. Otherwise, under the Turkish Labour Code,
employees have the right to sue the employer for the reinstatement
In case of collective payoff the employer must inform the names
and qualifications of employees to the relevant Labour Office along
with a reason for their dismissal at least one month following the
date of dismissal.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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