Understanding termination rules and laws related to notice periods is as important as learning how to hire in Türkiye. The reason is obvious: not complying with local labor laws can lead to many issues.
This guide answers all the frequently asked questions that an employer may want to know even before hiring any employees, after hiring, or at the time of termination.
In this post, we’ll cover every question related to termination rules and all rules related to notice periods. Notice period rules are complex, and simple FAQs make them easier to understand.
Let’s get started.
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Understanding termination rules and laws related to notice periods is as important as learning how to hire in Türkiye. The reason is obvious: not complying with local labor laws can lead to many issues.
This guide answers all the frequently asked questions that an employer may want to know even before hiring any employees, after hiring, or at the time of termination.
In this post, we’ll cover every question related to termination rules and all rules related to notice periods. Notice period rules are complex, and simple FAQs make them easier to understand.
Let’s get started.
Author
Co-author
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Turkish Labor Law No. 4857 primarily regulates employment termination. This law sets out how and when an employment relationship can legally end.
This law also distinguishes between different types of contracts and sets rules for notice periods, immediate terminations, and employee protections.
Termination refers to the legal ending of an employment contract before or at the conclusion of the working relationship. In Türkiye, termination can occur through ordinary termination with notice, immediate termination without notice, expiry of a contract, or mutual agreement.
Understanding the difference between contract types is crucial, as termination rules slightly differ.
Fixed-term contract:
Indefinite-term contract:
Yes, under Turkish Labor Law, both parties have the right to terminate the employment contract. Employers may terminate employment with notice, without notice for just cause, or at the end of the contract term. Employees may resign by providing the required notice period or terminate immediately for just cause. If an employee resigns without complying with the required notice period and without valid just cause, they may be required to compensate the employer for the notice period.
Not necessarily. A written notice is mandatory only for ordinary termination by the employer and also when an employee resigns. The requirement becomes stricter when the employee is covered by job security provisions.
If an employer terminates immediately for just cause, they must issue written notice to ensure legal validity and avoid future disputes.
Under Turkish Labor Law No. 4857, statutory notice periods apply to indefinite-term employment contracts when either the employer or the employee decides to terminate the relationship without just cause. These notice periods are based strictly on the employee’s length of service and represent the minimum legal requirements outlined below.
If the employee has worked for less than 6 months, the required notice period is two weeks. Either party must give at least two weeks’ advance notice before termination.
If the employee has worked between 6 months and 18 months, the required notice period is four weeks. This rule applies equally to employers and employees.
For employees with 18 to 36 months of continuous service, the statutory notice period increases to six weeks. Employers must calculate the length of service from the employee’s start date up to the date notice is given.
If the employee has been employed for more than 3 years, the longest statutory notice period applies: eight weeks. This is the maximum notice period set by law.
Yes. Employment contracts or collective bargaining agreements may provide longer notice periods than the statutory minimums. The extension must apply equally to both parties and must not create an unfair imbalance.
No. Statutory notice periods are mandatory minimums and cannot be reduced by mutual agreement in advance. However, the terminating party may choose to pay notice compensation instead of requiring the employee to complete the notice period.
In practice, the notice period begins once the termination notice is formally communicated to the other party.
From that date onward, the statutory countdown starts (2, 4, 6, or 8 weeks, depending on tenure under Turkish Labor Law No. 4857).
Yes, in most cases. For example, if termination is made with notice, employees continue to work during the notice period. If the employer prevents the employee from working during the notice period without paying notice compensation, this may trigger a notice pay obligation.
Yes. Instead of requiring the employee to work during the notice period, the employer can terminate the contract immediately and pay notice compensation equal to the salary and regular benefits the employee would have earned during that notice period.
Yes. If the employee works during the notice period, they are entitled to:
Generally, no, unless mutually agreed. Employers cannot unilaterally force employees to use accrued annual leave to shorten or replace the notice period.
Here are three key principles:
Paid out in cash upon termination.
Under Turkish Labor Law No. 4857, both employers and employees may terminate an employment contract immediately and without notice if there is a legally recognized “just cause” (depending on evidence that can be easily proven). In these cases:
The Labor Law recognizes four main categories of just cause for employers:
1️⃣ Health Reasons
If the employee’s health condition makes it impossible to continue working and certain legal thresholds are met.
2️⃣ Immoral, Dishonest, or Malicious Conduct
This is the most common category and includes serious misconduct such as:
3️⃣ Force Majeure
Events that prevent the employee from working for a prolonged period due to unavoidable external circumstances.
4️⃣ Employee Resignation Rights After Marriage (Women Employees)
Under certain labor law provisions, female employees may have the right to terminate their employment contract after marriage within a legally specified period. Specific eligibility conditions and timelines may apply depending on local labor regulations.
Yes, employees also have the right to immediate termination without a notice period. This right applies when an employer commits serious violations.
These violations could include nonpayment or late payment of wages, unsafe working conditions, workplace harassment, etc.
If the employee terminates for valid just cause, they do not have to serve a notice period and may still be entitled to severance pay.
Yes. For cases involving immoral or bad-faith conduct, the right to terminate must generally be exercised:
If this deadline passes, the right to immediate termination based on that specific event may be lost.
It depends on who terminates and why. If the employer terminates for serious misconduct by the employee, then severance pay is not required. If the employee terminates for just cause due to employer fault, then severance pay is required.
Notice pay (İhbar Tazminatı) is compensation paid when a party terminates an indefinite-term employment contract without complying with the statutory notice periods required under Turkish Labor Law No. 4857.
In short:
➡ No notice served = notice compensation must be paid (unless termination is based on just cause).
Notice pay becomes mandatory when the employer terminates the employee without allowing the statutory notice period to be worked, or when the employee resigns without serving the required notice period and there is no just cause.
Notice pay is not required if termination is based on just cause or if the employment contract is fixed-term and expires naturally.
Notice compensation equals the employee’s total earnings during the applicable statutory notice period.
Formula: Gross daily wage × number of notice days
The number of notice days depends on the employee’s length of service:
Notice pay is calculated based on the employee’s gross salary, not net salary. This means the calculation includes the base gross wage, regular and continuous payments, and monetary benefits provided consistently.
Yes, if they are regular and continuous. The calculation may include:
If an employee resigns without serving the required notice period and does not have just cause:
During the notice period, the employment relationship remains legally active, which means that most rights and obligations continue until the last working day.
Turkish law, under Turkish Labor Law No. 4857, protects employees during this time to ensure fairness and allow preparation for the transition.
Yes, the employer must grant the employee paid leave for job searching during the notice period. The employer cannot refuse this right, as it is explicitly recognized under Turkish Labor Law.
The law allows up to two hours per working day for job-search activities. These hours are paid and counted as regular working time, so the employee continues to receive full salary and benefits for these hours.
Yes. In practice, employers and employees may mutually agree to combine the daily job-search hours into larger blocks or even full days, but only with mutual agreement.
No. Even during the notice period, employees are protected against unfair dismissal. Employers must follow statutory rules and have valid grounds for termination.
If an employer attempts to dismiss an employee without justification during the notice period, the employee may file a claim for reinstatement or seek compensation for unlawful termination.
Failure to comply with Turkish Labor Law No. 4857 termination and notice requirements can expose employers and employees to legal claims, compensation obligations, and operational risks.
If an employer or employee terminates without giving the required statutory notice (and no just cause applies), the consequences include:
Yes. Turkish Labor Law allows courts to award additional compensation if an employer terminates an employee in bad faith (e.g., without valid reason or in violation of legal procedures).
Yes. Before filing a labor dispute in court, employees are generally required to attempt mediation. Certified mediators conduct mediation in labor disputes. The main purpose of this mediation is to resolve conflicts quickly.
There can be many reasons for terminating an employee. One common reason is hiring unsuitable employees, which may later lead to termination. If you have had such an experience and want to hire your next employee after terminating the current one, whether from Türkiye or any other country, we have your back.
FMC Group has been providing Employer of Record services in Türkiye for over 15 years. We can hire employees for you without requiring you to register a local entity, and we can also handle recruitment if clients wish. Contact us to schedule a free 30-minute consultation call for your hiring needs.
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