Q. What are valid legal grounds for an employer to terminate an employee in Turkey?
Under Article 18 of Labor Law No. 4857, valid grounds for termination include poor performance, business downsizing, redundancy, misconduct, or breach of contract. Dismissal must be supported by clear documentation and cannot be arbitrary.
Q. What is the minimum notice period an employer must give before termination under Turkish labor law?
According to Article 17, the notice period depends on service length:
- 2 weeks (0–6 months)
- 4 weeks (6–18 months)
- 6 weeks (18–36 months)
- 8 weeks (36+ months)
These periods apply unless dismissal is for just cause.
Q. How much notice must an employee give when resigning from their job in Turkey?
Employees are also required to provide notice as per Article 17: 2 to 8 weeks, depending on length of service. If they leave without serving this notice, employers may claim compensation equal to the notice period.
Q. What happens if an employee resigns without giving proper notice?
If the employee resigns without honoring the required notice period, the employer has the right to deduct payment in lieu of notice from final wages or seek legal compensation for breach of contract, as defined in Article 17.
Q. When can an employer terminate an employee without giving notice or severance pay?
As per Article 25, an employer can terminate immediately (for just cause) in cases of theft, dishonesty, workplace violence, or prolonged absence without medical justification. In such cases, no notice or severance is owed.
Q. When can an employee resign immediately without notice under Turkish labor law?
Under Article 24, employees may resign without notice if they face harassment, non-payment of wages, health risks, or illegal employer conduct. In these cases, they retain the right to severance and other entitlements.
Q. Who qualifies for severance pay in Turkey under Labor Law No. 4857?
Employees who have completed at least one year of continuous service and are dismissed for reasons other than just cause are eligible for severance pay. This also applies in cases of retirement, military service, or marriage (for women), under Article 14 of the former Labor Law No. 1475, which is still in effect for severance rights.
Q. How is severance pay calculated in Turkey?
Severance pay equals 30 days’ gross wage for each completed year of service, including base pay and regular bonuses. Partial years are calculated proportionally. The amount cannot exceed the severance cap set annually by the government.
Q. Can an employee who resigns receive severance pay in Turkey?
Normally, voluntary resignation disqualifies an employee from severance. However, under Article 14 of Law No. 1475, resignations due to retirement, military service (for men), or marriage within one year (for women) are exceptions that allow severance entitlement.
Q. What final payments must an employer make when terminating an employee?
Upon termination, the employer must pay:
- Unused annual leave (Article 59)
- Severance pay (if applicable)
- Payment in lieu of notice (if no notice given)
- Any pending wages or bonuses
These must be paid promptly upon contract end.
Q. What steps must an employer follow to legally terminate an employee in Turkey?
Employers must:
- Provide written termination notice
- State valid reasons (Article 18)
- Observe notice periods or pay in lieu
- If applicable, document poor performance or disciplinary issues Failing to follow these steps may lead to claims of unfair dismissal.
Q. What protections do employees have against unfair dismissal in Turkey?
Employees working in companies with 30+ employees and with 6+ months of service are protected under Article 18. They can apply to the labor court within 1 month of dismissal. If the court rules in their favor, they may be reinstated or awarded compensation.
Q. Can an employer and employee mutually agree to end a contract, and how does it affect severance pay?
Yes, mutual termination agreements are allowed. If severance rights are included in the signed agreement, the employee can still receive compensation. Without a clear clause, they may lose rights to severance or unemployment benefits. A written agreement is required.
