Termination of the Employment Contract and the Employee's Basic Rights
General information on severance and notice pay, reinstatement, and mediation that may arise when an employment contract is terminated in Turkey.
The termination of an employment contract is a process that may give rise to various legal consequences for both the employee and the employer. In Turkey, employment relationships are largely governed by Labour Law No. 4857, and the form and grounds of a termination are decisive in determining the rights an employee may hold. This article is informational and aims to outline the basic concepts in general terms.
Types of Termination
An employment contract may end in different ways. These categories affect the rights an employee may claim and the procedure to be followed.
- Termination with notice: In contracts of indefinite duration, a party ends the contract while observing the statutory notice periods.
- Termination for just cause (immediate): Termination carried out without waiting for a notice period where one of the just causes set out in the law exists.
- Termination for a valid reason: In workplaces within the scope of job security, termination based on the employee's capacity or operational requirements.
The type and basis of a termination are assessed according to the concrete documents and the course of events.
Severance and Notice Pay
Severance pay is a receivable that, where the conditions laid down by law are met, may be calculated over a defined amount for each full year of service. It may arise where the employee terminates for their own just cause, or where the employer terminates for a reason other than the relevant article of the Labour Law.
Notice pay, on the other hand, may be relevant where a termination is made without observing the notice periods. The amount, which varies with length of service, may be claimed where the conditions exist. Whether either entitlement arises depends on the grounds of termination and the period of service.
Reinstatement
Job security provisions may apply to workplaces meeting certain conditions and to employees with a certain length of service. An employee who considers that a termination is not based on a valid reason may request reinstatement within the period prescribed by law.
- Job security is generally provided for workplaces employing a certain number of employees.
- Observing the application period stated in the law is important for the request.
- Depending on the outcome of the process, re-employment or compensation may arise.
Mediation
For a significant portion of individual labour disputes, applying to mediation before filing a lawsuit is prescribed as a procedural condition. Mediation is a method that allows the parties to discuss the dispute with the assistance of a mediator.
- Claims relating to employee receivables, such as severance and notice pay, may fall within its scope.
- The process may conclude with an agreement, or, in the event of disagreement, the parties may resort to judicial proceedings.
- Attention should be paid to the rules concerning application and time limits.
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Conclusion
The termination of an employment contract and the related rights may differ according to the type of termination, the length of service, and the circumstances of the specific case. This article is intended solely for general information and does not constitute legal advice; each situation should be evaluated separately within the framework of its own particulars.
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