Notice Pay in accordance with the Turkish Labour Code

In Turkey, the notice pay is regulated by the Turkish Labor Law, which is governed by Act No. 4857, also known as the “Labour Code.” Notice pay, in this context, refers to the compensation the party of the employment contract must provide to the other party when terminating the employment contract with proper notice. The purpose of notice pay is to protect the rights of both employers and employees in cases of termination.

Here is an overview of the key aspects of notice pay according to Turkish Labour Code (Act No. 4857):

1. Notice Period: The Labour Code in Turkey defines notice periods that employers and employees must follow when terminating an employment contract. The notice period can vary depending on the length of service and the type of employment contract. Generally, the notice period is:
   • 2 weeks for employees with up to six months of service.
   • 4 weeks for employees with six months to 1.5 years of service.
   • 6 weeks for employees with 1,5 years to 3 years of service.
   • 8 weeks for employees with more than 3 years of service.
2. Payment in Lieu of Notice: If an employer wishes to terminate an employment contract without providing the required notice period, they must pay the employee a “payment in lieu of notice.” This payment is equivalent to the salary and other employment benefits the employee would have received if they had worked during the notice period.
   
3. Employee’s Right to Resign: Similarly, if an employee wishes to resign from their position, they must also provide notice to their employer according to the same notice periods mentioned above. Failure to do so may result in the employee paying compensation to the employer.
4. Exceptions: There are certain circumstances under which an employment contract can be terminated without notice or payment in lieu of notice. These include cases of serious misconduct by either party, mutual agreement between the employer and employee, or specific provisions in the employment contract.
5. Collective Bargaining Agreements: In some cases, notice periods and related provisions may be modified through collective bargaining agreements negotiated between employers and trade unions, as long as they meet or exceed the minimum standards set by the Labour Code as enlisted above.

It’s important to note that specific details and calculations regarding notice pay may vary based on the individual circumstances, employment contracts, and collective agreements. Employers and employees should consult with expert labour law consultants to ensure compliance with Turkish Labor Law and to determine the precise notice pay amount and conditions for their specific situation.

Additionally, Turkish Labour Code is subject to change and amendments, so it’s essential to consult the most current legal sources or seek consultant to ensure compliance with the latest regulations.