What is the Notice Period?

What is the Notice Period? The termination of an employment relationship is subject to a legally regulated process. Protecting the rights of the employee and the employer is aimed for during this process. The Labor Law No. 4857 has determined the rules that must be adhered to when terminating the employment contract. The notice period is foremost among these rules. Notice period means the advance notification of the termination of the employment contract to the other party. This period offers the parties an opportunity to prepare for the new situation. The employee is provided with a chance to look for a new job. The employer is given time to find new personnel. In this article, the legal basis of the notice period and the calculation methods are examined in detail. How many days the notice period is and the consequences of non-compliance with these periods are discussed.

I. Legal Basis and Definition of the Notice Period

The notice period is a notification period made mandatory by the Law. Article 17 of the Labor Law regulated this period.

A. Purpose of the Notice: The main purpose is to prevent the sudden and unexpected termination of the employment contract. Primarily, preventing the employee’s victimization is aimed for. Additionally, the operational order of the employer is ensured to be protected.

B. Scope of Application: Notice periods are applied for the termination of employment contracts of indefinite duration. Employment contracts of definite duration terminate upon the expiration of the term. Therefore, the notice period is not applicable. In the case of termination with just cause (e.g., Labor Law Art. 24 and 25), compliance with the period is also not required.

C. Summary with Transition Words: Giving advance notice to the other party before the employment contract is terminated constitutes the essence of this period. Consequently, the periods are determined according to the employee’s seniority.

II. Notice Period Calculation: Periods Varying by Seniority

What is the Notice Period? The length of the notice period is determined based on the employee’s total period of service (seniority) at the workplace. The minimum periods have been clearly established in the Law. These periods can be increased by contract. However, the periods set out in the Law cannot be reduced.

Calculation Details:

1. Seniority Determination: The period elapsed from the date the employee started work until the day the termination notice was given is calculated. Attention is required to this period.
2. Commencement of the Period: The notice period starts after the termination notice is served to the other party. The legal validity of the notification is important.
3. Weekly Periods: The periods in the Law are determined as weeks (2, 4, 6, 8 weeks). These periods determined on a weekly basis are converted to daily periods by multiplying by 7.
4. Workday / Calendar Day: Notice periods are expressed as weeks or days. These periods include calendar days. Official holidays and weekly holidays are also included in this period.

Example Calculation: An employee has been working at the same workplace for 2 years and 4 months. Their seniority falls between 1.5 years and 3 years. In this case, the notice period to be applied is 6 weeks (42 days).

III. Notice Indemnity: Financial Sanction for Non-Compliance with Periods

The party that terminates the employment contract without complying with the notice period pays notice indemnity to the other party. This indemnity aims to compensate the damage of the other party.

A. Calculation of Indemnity: The amount of the notice indemnity is equal to the salary of the required notice period. That is, indemnity equal to the salary of the 4-week period is required to be paid. The indemnity is calculated based on the employee’s gross wage, not their vested wage.

B. Who Can Claim? The employer can request indemnity if the employee leaves work without complying with the periods. Similarly, if the employer dismisses the employee without complying with the periods, the employee claims this indemnity.

C. Form of Payment: The indemnity is paid at once, in advance, at the moment the employment contract is terminated. However, the employer can terminate the employment contract immediately if they pay the salary corresponding to the notice period in advance. In this case, the right to immediately terminate the employment contract is held by the employer.

IV. Job Search Leave During the Notice Period

The employer is obliged to grant the employee leave to look for a new job during the notice period. This is one of the employee’s rights.

• Leave Duration: The job search leave must be at least two hours per day. The employee can use these hours by consolidating them if they wish.
• Paid Leave: This leave period is not deducted from the employee’s salary. The employee’s salary is paid in full during the leave period.
• Non-Utilization: If the employer does not grant job search leave, they are held liable to pay the salary for this period with a 100% premium.

V. Exceptional Circumstances Where the Notice Period is Not Used

Compliance with notice periods is the rule. However, compliance with this rule is not mandatory in some situations.

1. Termination with Just Cause: Just causes listed in Articles 24 and 25 of the Labor Law exist. Violations of morality and good faith rules can be given as examples of this situation. In this case, the contract can be terminated immediately. Therefore, compliance with the notice period is not required.

2. Military Service and Retirement: The employee’s separation from work due to military service or retirement is not subject to a notice period. Consequently, the employee can terminate the employment contract immediately.

3. Employee Being Within the Probationary Period: Employment contracts within the probationary period can be terminated without paying any indemnity and without complying with the period.

VI. Relationship Between Notice Period and Severance Pay

Notice period indemnity and severance pay are separate concepts. The two should not be confused with each other.

• Severance Pay: The employee must have at least one year of seniority. The employment contract must be terminated for a valid reason listed in the Law. The employee receives indemnity in the ratio of their salary for every year worked in this situation.
• Notice Indemnity: This is the penal sanction for non-compliance with the period. The seniority requirement is not sought. However, it is not required to be paid in case of termination with just cause.

Tracking Periods is Critically Important in Labor Law

What is the Notice Period? The notice period is a balancing mechanism in employment relationships. The party terminating the employment contract is obliged to comply with the legal periods. Periods varying according to seniority must be calculated correctly. The obligation to pay notice indemnity arises in case of non-adherence to these periods. Furthermore, attention must be paid to employee rights such as job search leave. Obtaining legal support from a specialized labor law attorney definitely prevents the loss of rights during this process.