The Turkish Labour Code No. 4857, which is the primary law of Turkish Labour Law, has introduced special provisions regarding workers who will be assigned with active military service or with a duty arising from any law.
Accordingly, the employment contract of a worker who is called to arms for maneuvers or any reason other than active military service or who leaves his/her job due to a work obligation arising from any law is deemed to be terminated by the employer two months after the date of termination. However, in order for the worker to benefit from this right, he/she must have worked at least one year in that job. For each additional year of work exceeding one year, two days are added. However, this entire period cannot exceed ninety days.
The worker’s wages do not accrue during the period that must be waited for the employment contract to be deemed terminated. However, the provisions of special laws on this matter are reserved.
Even if the employer or the worker notifies the other party that the employment contract has been terminated based on a reason other than the Turkish Labour Code No. 4857 during this period, the period specified by the Law for termination begins to accrue after the end of this period.
Yet, if the employment contract is made for a fixed term and the contract terminates automatically within the period stated above, these provisions do not apply.
The Turkish Labour Code No. 4857 also includes special provisions regarding the termination of the duties of workers who leave their jobs due to active military service. If workers who leave their jobs due to any military or legal duty want to get a job within two months of the end of this duty, the employer must immediately hire them if there is a vacancy in their old jobs or similar jobs, or if there is no vacancy, they must hire them for the first job that becomes vacant, under the current conditions.
If the employer does not fulfill this obligation recognized in the law, despite the conditions sought are being met, he/she must pay compensation in the amount of three months’ wages to the former worker who requested to be hired.
