The legal basis of the notice pay is the termination clause in Article 17 of the Labour Law No. 4857. Accordingly, the party who will terminate the employment contract without just cause is obliged to notify the other party in advance of the termination. This is because in the employment relationship, the employer is obliged to notify the other party in advance that he/she will dismiss the employee, and the employee is obliged to notify the other party in advance that he/she will be dismissed.
In terms of the worker/employee, notice pay is the compensation to be paid by the employee who leaves the job without just cause and without notifying the employer. For the employer, notice pay is the compensation to be paid by the employer to the employee in case the employee is dismissed without complying with the notice periods.
Notice Periods for Notice Indemnity
The notice / notice periods regarding the notice compensation are also regulated in Article 17. Accordingly
- 2 weeks before the termination of the contract for employment contracts lasting less than 6 months,
- 4 weeks before the termination of the contract for employment contracts lasting from 6 months to 1.5 years,
- 6 weeks before the termination of the contract for employment contracts lasting from 1.5 to 3 years,
- 8 weeks before the termination of the contract for employment contracts lasting more than 3 years,
notification must be made to the other party.
What are the Conditions for Notice Compensation?
In order for the employee or employer to be entitled to notice compensation, it is deemed necessary for the conditions listed in the law to be fulfilled as a whole. Accordingly
- The employment contract must be of indefinite duration.
- Termination must not be based on just cause.
- The employment contract must be terminated without complying with the notice / notice periods.
- The procedural requirements regarding the notice of termination must not be fulfilled.