In Turkey, the calculation of notice and severance pay is governed by specific regulations outlined in the Turkish Labor Law, which aims to protect the rights of both employers and employees in the event of termination of employment. Notice pay, also known as termination notice, refers to the compensation paid by the employer to the employee when terminating the employment contract without just cause. The notice period varies depending on the length of service of the employee, as stipulated by the Labor Law. Generally, notice periods range from two weeks to eight weeks, with longer notice periods required for employees with longer service durations.
The calculation of notice and severance pay in Turkey is based on the employee’s average daily wage, which is typically determined by dividing the total monthly salary by the number of working days in a month. This average daily wage is then multiplied by the number of days corresponding to the notice period to arrive at the total notice pay owed to the employee. It’s important to note that notice pay is a statutory requirement and must be paid to the employee regardless of whether they work out the notice period or not.
Severance pay, on the other hand, is a form of compensation paid to employees upon termination of their employment contract, typically due to reasons such as redundancy, retirement, or dismissal without just cause. The calculation of severance pay is based on the length of service of the employee and their last monthly salary. According to the Turkish Labor Law, employees are entitled to receive severance pay equivalent to their last 30 days’ wages for each full year of service.
To calculate severance pay, the last monthly salary of the employee is divided by 30 to determine the daily wage, which is then multiplied by the number of years of service to arrive at the total severance pay owed. Any partial years of service are typically prorated based on the number of months worked. Additionally, there is a cap on severance pay, which is set at a certain multiple of the monthly minimum wage determined by the government.
Employers are required to pay both notice and severance pay to employees upon termination of their employment contract, unless there are exceptional circumstances exempting them from such obligations. Failure to comply with these statutory requirements may result in legal consequences for the employer, including fines or penalties.
Overall, the calculation of notice and severance pay in Turkey is governed by clear and transparent regulations aimed at ensuring fair treatment of employees and providing them with adequate compensation in the event of termination of employment. By adhering to these legal requirements, employers can navigate the termination process with integrity and minimize the risk of legal disputes or grievances.
Notice and Severance Pay in Turkey
Date of employment: 20.11.2012
Release date: 16.10.2017
Last monthly gross salary: 1.800 TL
Bonuses: One gross monthly salary at the end of June and December each year
Feeding allowance: 10 TL for each day
Travel allowance: 5 TL for each day
Fuel allowance: One month’s gross wage in December each year
Clothing allowance: Up to half a month in May and November every year
Child allowance: 100 TL per month (in the example, the worker has 2 children)
Firstly, the employee’s seniority days and then the daily earnings based on seniority must be calculated, these two amounts are multiplied by each other to reach the gross severance pay in Turkey; stamp tax is deducted from the gross severance pay amount in Turkey.
Calculation of the total number of days of seniority based on severance pay in Turkey
The date of employment and the date of exit of the employee must be subtracted from each other. If the day is not subtracted from the day, 30 days should be brought from the month section and the missing day should be summed with these 30 days and subtraction should be made. If the month is not subtracted from the month, in this case, 12 months should be brought from the year section and the missing month should be completed and subtraction should be performed.
As a result of subtracting the dates given in the example, it will be found that the seniority of the worker is 4 years, 10 months and 26 days. Years should be taken as 365 days and months should be taken as 30 days each. Accordingly, the worker’s seniority day will be found as 1786 days by performing the operation (365*4) + (30*10) + 26.
Finding the daily earnings based on severance pay in Turkey
In addition to the monthly gross wage of the employee, all benefits that can be measured in money and money provided to the employee should be included in the calculation. While doing this, the monthly wage should be taken as basis, daily values should be subtracted to monthly values and annual values should be reduced to monthly values.
Based on the example, the daily earnings subject to severance pay is calculated by adding the monthly gross wage of the employee, the monthly amount of child allowance, meal and travel allowance, fuel, clothing and bonuses corresponding to the working days in the last working year and dividing by 365. Accordingly, the daily earnings of the worker are;
1.800 + (1.800/6) + (10*3) + (5*30) + 1.800/12) + (900/6) + (100*2) = 3.050 TL
3.050/365 = 2.85 TL.
(1.800) last monthly gross wage
(1.800/6) is the amount of the bonus per month,
(10*30) and (5*30) monthly amounts of meal and travel allowances,
(1.800/12) the monthly amount of the process fuel allowance,
(900/6) is the monthly amount of the clothing allowance,
(100*2) gives the monthly amount of child benefit.
Finding the severance pay in Turkey
When calculating the severance pay, the calculated seniority days should be multiplied by the daily earnings based on seniority. Gross severance pay according to the example;
1786 days * 2,85 TL = 5.090,10 TL.
Since this amount exceeds the severance pay ceiling amount valid for the period 01.07.2017 – 31.12.2017, the severance pay ceiling amount valid for this period, 4.732,48 TL, should be taken as gross severance pay.
At the last stage, stamp tax should be deducted from this amount (0,00759)
4.732,48 – (4.732,48*0,00759) = 4.696,56 TL severance pay can be calculated.
When calculating the notice pay, the monthly amount (3,050) should be divided by 30 (101.66) and then multiplied by the number 56 (8 weeks * 7 days) according to the seniority of the employee (since it exceeds 3 years) and the gross notice pay (5,693.33 TL) should be reached and the net notice pay should be found by deducting the income tax and stamp tax according to the segment. There is no ceiling amount limitation in the calculation of notice pay as in severance pay.
Severance Pay Ceilings
| Period | Amount |
| 01 July 2022 – 31 December 2022 | 15.371,40 TL |
| 01 January 2022 – 30 June 2022 | 10.848,59 TL |
| 01 July 2021 – 31 December 2021 | 8.284,51 TL |
| 01 January 2021 – 30 June 2021 | 7.638,96 TL |
| 01 July 2020 – 31 December 2020 | 7.117,17 TL |
| 01 January 2020 – 30 June 2020 | 6.730,15 TL |
| 01 July 2019 – 31 December 2019 | 6.379,86 TL |
| 01 January 2019 – 30 June 2019 | 6017,60 TL |
| 01 July 2018 – 31 December 2018 | 5.434,42 TL |
| 01 January 2018 – 30 June 2018 | 5.001,76 TL |
| 01 July 2017 – 31 December 2017 | 4.732,48 TL |
| 01 January 2017 – 30 June 2017 | 4.426,16 TL |
| 01 July 2016 – 31 December 2016 | 4.297,21 TL |
| 01 January 2016 – 30 June 2016 | 4.092,53 TL |
| 01 September 2015 – 31 December 2015 | 3.828, 37 TL |
| 01 July 2015 – 31 August 2015 | 3.709, 98 TL |
| 01 January 2015 – 30 June 2015 | 3.541,37 TL |
| 01 January 2014 – 31 December 2014 | 3.438,22 TL |
| 01 July 2013 – 31 December 2013 | 3.254,44 TL |
| 01 January 2013 – 30 June 2013 | 3.129,25 TL |
| 01 July 2012 – 31 December 2012 | 3.033,98 TL |
| 01 January 2012 – 30 June 2012 | 2.917,27 TL |
