Termination of employment in Turkey refers to ending an employee's employment contract by the employer or the employee. Turkish Labor Law No. 4857 sets out the legal grounds, notice periods, severance pay entitlements, and protections for both parties. In this article, ER&GUN&ER Turkish Law Firm, a trusted Istanbul Lawyer Firm, provides a comprehensive overview of the legal framework and procedures governing employment termination in Turkey.
Legal Grounds for Termination
Under Turkish Labor Law, termination can occur in two main ways:
- Ordinary Termination: Requires compliance with notice periods and applies mainly to indefinite-term contracts.
- Extraordinary Termination: Allows immediate termination without notice due to just cause, such as misconduct or health-related issues.
1. Ordinary Termination
In indefinite-term contracts, written notice must be given based on the employee's tenure:
- Less than 6 months: 2 weeks
- 6–18 months: 4 weeks
- 18–36 months: 6 weeks
- Over 36 months: 8 weeks
The employer must justify the dismissal with valid business, operational, or employee-related reasons. Otherwise, the employee may challenge the dismissal and request reinstatement.
2. Extraordinary Termination (Just Cause)
Both employees and employers may terminate the employment contract without notice under justified circumstances such as:
- Health and safety concerns
- Immoral or unethical behavior
- Force majeure (compelling events)
Written notification must be delivered within 6 working days of learning about the cause. Legal advice from a Turkish Lawyer is strongly advised before proceeding with extraordinary termination.
Procedural Requirements
Termination must be made in writing and must clearly state the grounds for dismissal. Failure to follow this procedure may render the termination invalid.
Notice Compensation
If a party fails to observe the required notice period, they must pay compensation equal to the salary for that period. Alternatively, immediate termination is allowed if the compensation is paid upfront.
Severance Pay
Employees with at least one year of continuous service are entitled to severance pay unless the termination is based on just cause by the employee. Severance pay equals 30 days’ gross salary per year of service and is subject to a statutory ceiling updated biannually.
Employee Protection Against Unjust Dismissal
Employees who have worked for at least 6 months in a company with 30 or more employees are protected against dismissal without valid reason. If unlawfully terminated, the employee can:
- File a reinstatement lawsuit within 30 days
- Receive up to 4 months’ salary and compensation if reinstatement is not possible
Legal Support for Employers and Employees
Whether you are an employer seeking to comply with dismissal regulations or an employee facing unfair termination, seeking legal advice is crucial. At Istanbul Lawyer Firm, our English-speaking lawyers in Turkey specialize in Turkish Labor Law and offer expert legal support for employment disputes, severance claims, and reinstatement lawsuits.
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