Legal requirements : regarding Termination of Turkish employment contracts Both parties can terminate it by mutual agreement. Employee or employer can terminate an open-ended employment contract, on the condition that required notice period is given to other party.
In companies employing thirty or more employees, job security provisions also apply for employees who have a minimum seniority of six months, and those employees whose contracts terminated without a valid reason such as the capacity or conduct of the employee or based on the operational requirements of the establishment or service may resort to arbitration before filin a lawsuit. Please see compulsory arbitration in labor disputes on our other articles.
This article shall not be applicable to the employer’s representative and his assistants authorized to manage the entire enterprise as well as the employer’s representative managing the entire establishment but who is also authorized to recruit and to terminate employees.
Termination of Turkish Employment Contracts : Notice Period
The minimum notice period will depend on the number of months worked as shown below :
Less than 6 months 2 weeks
6 monts to 1.5 years 4 weeks
1-5 years to 3 years 6 weeks
More than 3 years 8 weeks
Notice periods can be substituted by payment in lieu. The employer may terminate the employment contract by paying in advance the wages corresponding to the term of notice. Under certain circumstances, the employer and employee can terminate the employment agreement without notice.
Turkish Employment Contracts : Termination / Severance / Redundance Pay
An employee who has worked at least one year is entitled to severance pay under the following conditions :
Where employee terminates the contract for just cause, such as for reasons of health, immoral or dishonorable conduct by the employer and force majeure.
Where employer terminates the contract without a valid reason (the reasons other than for malicious, immoral or dishonorable conduct or other similar behavior specified in the Labor Act).
Leaving the workplace due to the compulsory military service.
Leaving in order to receive an old age pension, pension fund or disability insurance pension or to receive a lump-sum payment from the statutory institutions or retirement funds.
Leaving voluntarily in order to receive partial pension (after completing 3 600 premium days and 15 years of insurance period)
In case of death of the employee