This document summarizes key aspects of employment contract termination under Turkish labor law. It discusses the two main types of employment contracts - those for a definite or indefinite period. Definite period contracts can only be used under special circumstances and cannot be repeatedly extended without cause. Indefinite period contracts can be terminated by the employer with notice, which minimum periods ranging from 2 to 8 weeks depending on tenure. Terminating an indefinite contract without valid cause entitles the employee to severance pay and potential reinstatement. The document outlines valid causes for termination as well as termination by the employee due to military service or marriage.
Considering the huge impacts of the coronavirus on the economy and business globally, we would like to give you a brief information about the legal consequences of this pandemic in Turkey from a Turkish employment law perspective. Please see below the questionnaire prepared to guide the employers who have business in Turkey, vis-à-vis their employees.
Considering the huge impacts of the coronavirus on the economy and business globally, we would like to give you a brief information about the legal consequences of this pandemic in
Turkey from a Turkish employment law perspective. Please see below the questionnaire prepared to guide the employers who have business in Turkey, vis-à-vis their employees.
Overview of UAE Labour Law and Employee Relations: A Practitioner’s Perspecti...The HR Observer
For all those who wish to learn more about UAE Labour Law, how to handle employee issues such as sickness, disciplinary, grievance, bullying and get avoid the pitfalls of legal fines. The seminar gives a HR practitioner’s perspective on:
• Employment Law essentials (license, visa, fines)
• Contract of employment – should companies use limited or un-limited?
• Termination, gratuity and repatriation
Disclaimer: views expressed in the seminar don’t constitute legal advice
This presentation was used at HR Summit and Expo 2013 www.hrsummitexpo.com
Considering the huge impacts of the coronavirus on the economy and business globally, we would like to give you a brief information about the legal consequences of this pandemic in Turkey from a Turkish employment law perspective. Please see below the questionnaire prepared to guide the employers who have business in Turkey, vis-à-vis their employees.
Considering the huge impacts of the coronavirus on the economy and business globally, we would like to give you a brief information about the legal consequences of this pandemic in
Turkey from a Turkish employment law perspective. Please see below the questionnaire prepared to guide the employers who have business in Turkey, vis-à-vis their employees.
Overview of UAE Labour Law and Employee Relations: A Practitioner’s Perspecti...The HR Observer
For all those who wish to learn more about UAE Labour Law, how to handle employee issues such as sickness, disciplinary, grievance, bullying and get avoid the pitfalls of legal fines. The seminar gives a HR practitioner’s perspective on:
• Employment Law essentials (license, visa, fines)
• Contract of employment – should companies use limited or un-limited?
• Termination, gratuity and repatriation
Disclaimer: views expressed in the seminar don’t constitute legal advice
This presentation was used at HR Summit and Expo 2013 www.hrsummitexpo.com
Welcome to our Labor Law Review No.02.2020, which provides you with (i) the insight “What employers should do if employees absent from work for several days without permission and (ii) updates on labor law from May 01, 2020, to June 14, 2020.Any questions, please feel free to contact us at info@letranlaw.com
Various topics are touched upon under the UAE labour law. Such as Overtime, compensatory off, salary for work on public holiday and friday, Leaves, Gratuity, medical insurance, division of salary, full and final settlement.
Employment Laws Addressing Needs of EmployerslegalPadmin
Speech by YBhg Datuk Shamsuddin Bardan, Executive Director Malaysia Employers Federation, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 9, 2015
Please be informed that the Labour Code numbered 4857 (“Labour Code”) regulates the working conditions and also rights and obligations of the employees and employers. The Labour Code shall apply to all employers, employer representatives, employees and workplaces except those listed under Article 4 of the Labour Code. There are two types of termination of the employment contract stipulated under the Labour Code; 1) Termination with notice period and 2) Immediate Termination due to justified reasons.
Wages and Payment under Bangladesh Labor code 2006.
Hope this will help you. Please don't forget to like/comment. Your appreciation will motivate me to make further more slide. Thanks in advance
Welcome to our Labor Law Review No.02.2020, which provides you with (i) the insight “What employers should do if employees absent from work for several days without permission and (ii) updates on labor law from May 01, 2020, to June 14, 2020.Any questions, please feel free to contact us at info@letranlaw.com
Various topics are touched upon under the UAE labour law. Such as Overtime, compensatory off, salary for work on public holiday and friday, Leaves, Gratuity, medical insurance, division of salary, full and final settlement.
Employment Laws Addressing Needs of EmployerslegalPadmin
Speech by YBhg Datuk Shamsuddin Bardan, Executive Director Malaysia Employers Federation, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 9, 2015
Please be informed that the Labour Code numbered 4857 (“Labour Code”) regulates the working conditions and also rights and obligations of the employees and employers. The Labour Code shall apply to all employers, employer representatives, employees and workplaces except those listed under Article 4 of the Labour Code. There are two types of termination of the employment contract stipulated under the Labour Code; 1) Termination with notice period and 2) Immediate Termination due to justified reasons.
Wages and Payment under Bangladesh Labor code 2006.
Hope this will help you. Please don't forget to like/comment. Your appreciation will motivate me to make further more slide. Thanks in advance
Impacts of Mediation Procedure on Turkish Employment LawMelis Buhan Öncel
Turkish legal system has been changed with the new provisions introduced by the Law on Mediation in Civil Disputes (Law No:6325) (the “Mediation Law”) and the Regulation Regarding Law on Mediation in Civil Disputes (the “Mediation Regulation”). The concept of mediation, which has been adopted as an alternative dispute resolution method in Turkey, is regulated as mandatory and optional. The reason for the enactment of the Mediation Law is an inevitable result of the Turkish Courts’ overwhelming caseload.
This new concept of mediation in Turkey also affected the Turkish Labour Code (Law No: 4857) (the “Labour Code”) and with the enactment of Law on Labor Courts (Law No: 7036) on 2017, there have been many amendments in the Turkish Labour Code to ensure the compliance with this new concept. The mediation process has become a mandatory step to be taken by the employees before initiating a lawsuit.
How employment bans are imposed under uae laborAhmedTalaat127
The local legislation which regulates relations of workers and employers in UAE is Federal Law (no 8) of 1980 on UAE Employment Relations and the provisions of the Ministerial Decree (no 1094) of 2016 that amended the Ministerial Decree (no 766) of 2015 in relation to rules and- conditions in granting permits to employees by employers.
Impacts of covid 19 pandemic on commercial lease agreementsMelis Buhan Öncel
We would like to share our legal assessments regarding the impacts of Covid-19 on commercial lease agreements. This document is prepared to provide general information. Each specific case has its own legal consequences; therefore, we highly recommend you consult with a lawyer before taking any action.
COVID – 19 KAPSAMINDA ALINAN TEDBİRLER VE COVID – 19’UN HUKUK VE TİCARET HAYA...Melis Buhan Öncel
Koronavirüs (Covid-19) salgını sebebiyle ekonomi ve ticaret hayatına ilişkin birçok tedbir
alındığı gibi icra takipleri ve yargılama sürelerinin durdurulması, kısa çalışma ve telafi
çalışması gibi birçok farklı konuda da düzenleme yapılmıştır. Bu kapsamda, 26Mart 2020 tarih
ve 31080 sayılı Resmi Gazete 1. Mükerrer’de yayımlanan 7226 sayılı Bazı Kanunlarda
Değişiklik Yapılmasına Dair Kanun (“Kanun”) ile yapılan değişiklikler ve düzenlemeler başta
olmak üzere alınan tedbirlere ilişkin bilgiler aşağıda yer almaktadır:
Koronavirüs salgınının işyeri kira sözleşmelerine etkilerine ilişkin hukuki değerlendirmelerimizi sizlerle paylaşmak isteriz. Aşağıdaki açıklamalarımız genel bilgilendirme niteliğinde hazırlanmış olup, her durum özelinde farklı hukuki sonuçlar doğabileceğinden ilk olarak kira sözleşmelerindeki özel hükümlerin incelenmesini ve herhangi bir işlem yapılmadan önce avukata danışılmasını tavsiye ediyoruz.
Görülmekte olan korona virüsü salgınının çalışanlarla olan iş ilişkilerini nasıl etkileyeceği konusunda işverenler için hazırladığımız hukuki değerlendirmelerimizi soru cevap şeklinde sizlerle paylaşmak isteriz.
Açıklamalarımıza geçmeden önce, özellikle sözleşmenin feshi işlemi öncesinde, her bir çalışanın iş sözleşmesi de incelenerek özel olarak değerlendirilmesi gerektiğini önemle belirtmek isteriz.
The Law numbered 6698 on Protection of Personal Data (“Law”) has been published recently which introduced new requirements and obligations in terms of data protection.
Following the enforcement of the Law, the companies in Turkey are required to render their internal regulations, policies and contracts to comply with the Law. In this Article, the procedures to be followed by companies from the point of view of employment and contractual law will be described.
6698 sayılı Kişisel Verilen Korunması Kanunu’na uyum kapsamında şirketlerin yapması gerekenlerin iş hukuku ile sözleşmeler hukuku yönünden değerlendirilmesine ilişkin bilgi notu.
Recent Changes in Turkish Laws Governing Immigration ProceduresMelis Buhan Öncel
This publication has been prepared in order to provide brief information regarding residence and work permits in Turkey. For further information, please contact:
Mail: info@dablawfirm.com, Web Site: www.dablawfirm.com.
Please be informed that currently there is no specific regulation regarding the protection of personal data in Turkey and protection of personal data is regulated under various legislation. However, the Draft Code on the Protection of Personal Data (the "Draft Code") is recently approved by the Prime Minister of Turkey to be submitted to the Parliament on January 18, 2016. As part of the European Union compliance procedure, the Draft Code is prepared by way of modelling European Union's Directive numbered 95/46 ("Directive No. 95/46") and published in 1995.Due to the fact that data protection is regulated under various laws and regulations, there is not any specific definition for “Personal Data” under our current legislation.
This publication is prepared to provide general information for expats residing and working in Turkey.
Due to the frequency of foreign investments made and the number of multinational companies based in Turkey, especially within the recent years the number of expats increased rapidly. On the basis of the current situation in Turkey, it is no surprise to expect that Turkey will continue to attract expats.
As per our experiences with our expat clients, we noted that they do not hold a strong position against companies to negotiate their terms of employment and the content of their employment contracts, they have difficulties understanding the nature of their rights.
As DAB Law Firm we have observed that expats and even their employers get lost between the procedures to be followed during the residence and work permit applications. In this regard, this note is prepared to provide guidance to foreigners working in Turkey or wishing to work and reside in Turkey.
DAB Hukuk Bürosu, 13 Ocak 2016 tarihinde Lebib Yalkın ile işbirliği içerisinde gerçekleştirmiş olduğu “İş Sözleşmelerinin Feshi” seminerine gösterilen yoğun ilgi sebebiyle seminer notlarının genel bir özetini sunmaktadır. Bilindiği üzere, günümüz ekonomisinde gerek yeni iş fırsatlarının ortaya çıkması gerekse işverenlerin nitelikli çalışan arayışları dikkate alındığında uygulamada iş sözleşlemelerinin feshi konusu giderek önem kazanmaktadır. Dolayısıyla, DAB Hukuk Bürosu söz konusu seminerde iş sözleşmesinin feshinde izlenilmesi gereken usul, çalışana yapılması gereken fesih ödemeleri, çalışanın ve işverenin hakları, iş güvencesi hükümleri, toplu işten çıkarmalar, işyeri devri, iş sözleşmelerin devri (işçi devri) ve feshin sonuçları gibi konuları hem ilgili mevzuat hem de Yargıtay kararları kapsamında inceleyerek kısa bir özetini sunmaktadır. DAB Hukuk Bürosu, özellikle şirketler ve ticaret hukuku, iş hukuku, yabancıların Türkiye'de yerleşimi ve çalışma izinlerinin alınması, banka ve finans hukuku, fikri mülkiyet hukuku ve uyuşmazlıkların çözümü gibi birçok farklı konuda hukuki destek sağlamaktadır.
İletişime Bilgileri:
E-mail: info@dablawfirm.com
İnternet Sitesi: www.dablawfirm.com
DAB Law Firm provides all services including preparation of trademark applications, objections, petitions, relevant evidences and files lawsuits on behalf of its clients. Kindly note that DAB Law firm is always in communication with the relevant authorities such as Turkish Patent Institute. This publication has been prepared in order to provide brief information regarding trademarks in Turkey. For further information, please contact:
Mail: info@dablawfirm.com, Web Site: www.dablawfirm.com.
The procedures and principles regarding trademarks have been regulated in the Decree Law Regarding the Protection of the Trademarks (No. 556) (the “Decree Law”) and the Regulation on the Implementation of the Decree Law Regarding the Protection of Trademarks (the “Regulation”).
Joint Stock Companies and Limited Liability CompaniesMelis Buhan Öncel
is publication is prepared to provide general information regarding two primary types of limited liability entities that may be incorporated in Turkey.
Accordingly, these are joint stock companies (“JSC”) and limited liability companies (“LC”).
In principle, the liability of shareholders for obligations of either a JSC or a LC is limited to their capital contribution, except for certain obligations of the shareholders of a LC towards the government. Moreover, with respect to the JSCs, members of the board of directors and authorized signatories may be held liable for public debts.
The provisions regarding JSCs and LCs are generally regulated under the Turkish Commercial Code (Law No: 6102) (published in the Official Gazette dated February 14, 2011 and numbered 27846) (the “TCC”) and Implementation Law of the Turkish Commercial Code (Law No. 6103), (published in the Official Gazette dated February 14, 2011 and numbered 27846) (“Implementation Law”).
Joint Stock Companies and Limited Liability CompaniesMelis Buhan Öncel
This publication has been prepared in order to provide general information regarding two primary types of limited liability entities that may be incorporated in Turkey. For further information, please contact: Mail: info@dablawfirm.com, Web Site: www.dablawfirm.com
This publication has been prepared in order to provide general information regarding two primary types of limited liability entities that may be incorporated in Turkey. For further information, please contact:
Mail: info@dablawfirm.com, Web Site: www.dablawfirm.com.
This publication has been prepared in order to provide general information regarding two primary types of legal entities that may be incorporated in Turkey.
For further information, please contact:
Mail: info@dablawfirm.com, Web Site: www.dablawfirm.com.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
ADR in criminal proceeding in Bangladesh with global perspective.
Termination of Employment Contracts under Turkish Law
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No:21 Kat:15 D:63 Sarıyer-Istanbul, Turkey
T: (+90) 212 246 11 19
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TERMINATION OF EMPLOYMENT CONTRACTS UNDER TURKISH
LAW
05.05.2015
1. TYPES OF EMPLOYMENT CONTRACTS
Under Turkish Labor Law numbered 4857 ("Labor Law"), there are two main categories of
employment contracts, namely i) employment contracts concluded for an indefinite period
and ii) employment contracts concluded for a definite period.
An employer can enter into an employment contract with the employee for a definite period
only under special objective circumstances set forth in the Article 11 of Labor Law such as in
case of a specific work to be performed (e.g. construction project) or a work which must be
completed within a certain period (e.g. seasonal work). In other words, a defined objective for
temporary employment must exist in order to constitute a basis for a definite-term employment
contract.
Employment contracts entered into for a definite term cannot be re-concluded and extended
more than once consecutively unless there is an essential reason. In this respect, the High Court
of Appeals, in its decision dated 2012, ruled that even if the employment contract was initially
concluded for a definite term, the contract is deemed as a contract entered into an indefinite
term from the beginning of the employment, due to the fact that the employer renewed the
contract 3 consecutive times without any essential reason.
The mindset of the legislator for allowing executing employment contracts for a definite period
only under special circumstances and the prohibition of extending such contracts consecutively
without any essential reason is to protect the employees and to ensure that they benefit from the
legal rights granted to employees who work under employment contracts concluded for
indefinite term. The employee is not entitled to request any severance or notice payment when
a definite-term contract terminates automatically at the end of the term according to the
decisions of the High Court of Appeals. Also, notice payment (as mentioned below) is not made
on the termination of a definite-term contract since the duration of definite-term employment
contracts are known by the parties since the beginning.
2. A: Maslak Mah. Ahi Evran Cad. Polaris Plaza
No:21 Kat:15 D:63 Sarıyer-Istanbul, Turkey
T: (+90) 212 246 11 19
W: www.oaulegal.com
On the other hand, according to the Turkish Code of Obligations, a definite-term employment
contract is automatically converted into an indefinite-term employment contract if parties
implicitly continue the relationship after the expiry of the contract term.
For the sake of not allowing employers to use definite-term contracts as an excuse not to pay
any severance and notice to the employees; Turkish courts often interpret definite-term
contracts very narrowly and only allow for such contracts in rare situations. Therefore, it is very
common in Turkey that the employers usually enter into (as they are required to) contracts with
an indefinite term with their employees (sales staff, engineers, accountants, IT staff, etc.).
In light of the foregoing, our below explanations will only focus on the termination of
indefinite-term contracts.
2. TERMINATION WITH NOTICE
2.1. Notice Periods
According to Article 17 of the Labor Law, the employer is entitled to terminate an employment
contract concluded for an indefinite period by observing the following minimum notification
periods:
• 2 weeks prior notice if the duration of employment is less than 6 months,
• 4 weeks prior notice if the duration of employment is between 6 – 18 months,
• 6 weeks prior notice if the duration of employment is between 18 months – 3 years,
• 8 weeks prior notice if the duration of employment is more than 3 years.
These periods are minimum and may be increased by mutual agreement. The employer may
terminate the contract of the employee immediately without giving any prior notice provided
that the employer pays in advance the salary of the employee which corresponds to the relevant
notice period.
During the period between the date the notification for termination and the actual termination
date, the employer is required to grant the employee sufficient time to seek new job
opportunities during working hours, without making any reduction from his/her salary.
However, the duration of this granted period cannot be less than 2 hours a day, which can be
exercised as a whole (e.g. 1 day leave during a week rather than using 2 hours each day).
3. A: Maslak Mah. Ahi Evran Cad. Polaris Plaza
No:21 Kat:15 D:63 Sarıyer-Istanbul, Turkey
T: (+90) 212 246 11 19
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2.2. Compensation
Unless there is justified ground for termination (as mentioned in detail below); in case of
termination, the employee will be entitled to the following payments:
• Severance Payment: The severance payment will be calculated as 1 month-salary
(gross monthly salary plus other regular benefits (if any) that can be monetized) of the
employee multiplied by the number of his/her employment years (with the employer).
However, the current ceiling for yearly severance payment is TRY 3.541,37.
• Notice Payment: Only if the employee is not granted the necessary notification period
as mentioned above.
• Bad-faith Compensation: In case of a lawsuit, if the court decides that employer's
termination constitutes an act of bad faith, the employee will be entitled to bad faith
compensation, which is in the amount of 3 times the notice period payment even if all
of the notice period requirements are fulfilled.
2.3. Termination Based on Valid Reason - Reinstatement of the Employee
In order to terminate the indefinite-period employment contract of an employee having at least
6 months service in a workplace operating with at least 30 employees; the employer must
present a valid ground either i) stemming from the capacity or conduct of the employee
or ii) stemming from the requirements of the establishment, workplace or the job. Economic
crisis, underperformance or insufficiency of the employee (provided that such is proved with
evidence) or liquidation of the company may be considered as valid reasons for terminating a
contract.
If the employee whose contract is terminated is in the opinion that his/her termination was not
based on valid grounds, such employee is granted with the right under the Labor Law to file a
lawsuit against the employer for reinstatement within 1 month following the date of his/her
receipt of the termination notification by the employer.
In case the court decides that the termination is not based on valid grounds, the employer is
obliged to re-employ the employee within 1 month. In case the employer fails to re-employ the
employee within 1 month after his/her application, the employer will be required to pay
compensation to the employee in the amount of 4 to 8 months salary to be determined by the
court. In addition to such compensation, the salary and all other rights of the employee covering
the maximum of 4 months must also be paid to the employee for the period of unemployment
until the final judgment of the court is received. This amount is paid to the employee regardless
of whether the employer re-employs the employee. If both payments are made, there is no
4. A: Maslak Mah. Ahi Evran Cad. Polaris Plaza
No:21 Kat:15 D:63 Sarıyer-Istanbul, Turkey
T: (+90) 212 246 11 19
W: www.oaulegal.com
requirement to make any bad-faith compensation payment even if the court decides that there
is an act of bad-faith.
3. TERMINATION BASED ON JUSTIFIED GROUNDS
The employer also has the right to terminate any type of employment contract (an indefinite or
definite-period) under specific conditions indicated under Article 25 of the Labor Law. Such
specific conditions are classified under reasons of health, actions of the employee against moral
values and goodwill and similar circumstances (e.g. theft, excessive damage to company
property, persistence in disobedience, sexual harassment, use of drugs, assault, absence, etc.)
and compelling circumstances (e.g. the employee is sentenced to imprisonment)
The following are the most common grounds for termination based on justified grounds in
Turkish business life:
• If the employee is absent from work: i) for 2 consecutive days or ii) for 3 working days
in any month or iii) twice in 1 month on working days which follow a holiday, without
the employer's permission or a valid reason (illness, death, court duty, etc.);
• If the employee insists on not performing his/her duties despite being warned;
• If, either willfully or with gross negligence, the employee risks or damages workplace
properties or machinery, equipment or other materials that are entrusted to him/her, and
the damage cannot be compensated with 30 days salary;
• If the employee commits a dishonest act against the employer, such as a breach of trust,
theft, or disclosure of trade secrets.
Employer's right to terminate a contract on the justified grounds stemming from the employee's
actions against moral values or goodwill must be exercised within 6 working days following
the date the employer becomes aware of the relevant action and in any case within 1 year
following the occurrence of such action.
In case of termination by the employer based on actions of employee against moral values and
goodwill, the employer has right to terminate the employment contract without a notice period
and compensation for notice and/or severance. However, in other cases, (health reasons and
compelling circumstances) the employer may be required to pay severance to the employee
depending on the case (however even in such case termination can be exercised immediately).
If a conflict is brought before court, each termination is evaluated on a case-by-case basis. In
case of any event which the employer thinks that could present justified grounds for
5. A: Maslak Mah. Ahi Evran Cad. Polaris Plaza
No:21 Kat:15 D:63 Sarıyer-Istanbul, Turkey
T: (+90) 212 246 11 19
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termination, it is always advised to immediately prepare an official minute reporting such
incident signed by two witnesses (preferably one to be the superior of the employee) and if
possible by the employee him/herself. Immediately taking and preserving evidence (e.g.
photographs in case of damage to property) is also very crucial since the burden is on the
employer to prove that the termination is based on justified grounds.
Depending on the reason for termination, it is usually advised to give one or two prior warnings
to the employee before proceeding with the termination process. In such a case, the employee's
defense must be obtained in writing in each case.
4. TERMINATION BY THE EMPLOYEE DUE TO MILITARY SERVICE OR
MARRIAGE
4.1 Military Service
The Labor Law does not govern any provision regarding termination due to military service.
As per Article 120 of the Labor Law, all provisions of the previous labor legislation (Labor
Law numbered 1475 – "Old Labor Law") has been abolished except for Article 14. Article 14
of the Old Labor Law states that if the employee terminates his employment contract for
enlisting in active mandatory military service, the employer is required to make severance
payment. According to this legislation, any employee who will terminate his employment
contract to fulfill his mandatory military service will be entitled to receive severance payment
from his employer. For an employee to gain the right to request severance payment due to
military service, two conditions must be met.
The first condition is proof. In order to receive the severance payment, the employee must
provide sufficient proof that the reason for his termination is to fulfil the military service. The
employees must provide evidence in the form of a Military Draft Certificate. Without this form
of proof, an employer could in theory refrain from giving any severance payment. However, it
should be noted that the High Court of Appeals decisions indicate that if the employee truly
enlists in military service and proves this fact after he completes his service, he has the right to
request severance payment (with interest) from his former employer. Therefore it would be a
risky move for an employer to not provide severance payment to the employees who fail to
provide proof that they are terminating their employment due to military service unless the
employer is strongly certain that it is not the case. The employees have the right to request
severance payment (through a lawsuit) even after they have finished their military service.
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The second condition is the duration of time between the termination and actually enlisting in
military service. It is generally accepted that sufficient time must be given to the employee to
prepare for his service. Therefore, the date of the termination should be some time before the
actual enlisting date. However, the duration of time between the termination and enlisting must
not be more than what is generally needed. It is generally accepted by the High Court of Appeals
that a long duration between termination and enlisting is a strong indication that the termination
is not related to military service duty. In one decision, the court ruled that duration of 1 year
and 1 month is too long of a time to accept that the reason for termination is actually military
service. On the other hand, 3 months is considered as an appropriate duration by the court.
4.2 Marriage
Similar to the severance payment obligations for military service-related terminations, as per
Article 14 of Old Labour Law, the female employees have the right to terminate their
employment contract due to marriage and request severance payment accordingly.
The employee's right to terminate the employment contract due to marriage and request
severance payment must be exercised within 1 year of the date of the marriage. If an employee
terminates her contract after 1 year has passed from her marriage, she would not have the right
to request any severance payment. Similarly, the right to request severance payment does not
exist if the employee terminates her contract before the marriage.
5. TERMINATION BY MUTUAL AGREEMENT
Under the principle of freedom of contract, the employer and the employee may decide to
mutually terminate any type of employment contract whenever and however they deem.
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