In the Labour Code No. 4857, which is the main legislation of the Turkish Labour Law, the dismissal of the workers, both voluntarily and under compulsory conditions, is regulated in detail.
Turkish Labour Legislation has given the right to receive severance pay for workers who leave their jobs for regular military service. In addition, the situation of a worker who is recruited for the purpose of participating in military manoeuvres or for any other reason or who leaves his/her job due to his duty to work as a requirement of citizenship arising from any law is also specially regulated.
Accordingly, the employment contract of an employee who is recruited for the purpose of participating in military manoeuvres other than his regular military duty or for any reason, or who quits his/her job due to his citizenship requirement arising from any law, shall be deemed to be terminated by the employer two months after he/she quits his job.
In order for the worker to benefit from this right, he/she must have worked at that workplace for at least one year. For each extra year, two additional days are added for working more than one year. So much so that the entire period cannot exceed ninety days as a maximum.
During this two months up to 90 days period, the employment contract is deemed on hold legally.
The wage of the worker is not processed within the time required for the employment contract to be deemed terminated. However, this particular provisions of special laws are kept reserved.
Even if the employer or employee has notified the other party that the employment contract has been terminated for any other reason arising from the Law within this period, the period indicated by the Law for termination begins to run after the expiry of this period.
However, if the employment contract is concluded for a fixed period and the contract terminates automatically within the above-mentioned period, the above-mentioned provisions do not apply.
If the workers who quit their job due to any military or legal duty want to get a job within two months starting from the end of this duty, the employer compulsorily has to hire them immediately if there are vacancies in their previous jobs or similar jobs, otherwise, preferring the first job to be vacant to other bidders, under the current conditions. If the employer does not fulfil his obligation to conclude an employment contract even though the required conditions are met, he/she shall pay compensation in the amount of three months’ wage to the former worker who requests employment.
The days exceeding 90 days a year that the worker cannot go to work during assignment due to manoeuvres or legal duty, are not counted and treated as working in terms of entitlement to annual paid leave, as the provisions for regular military duty kept reserved.
