Labor Law
Frequently Asked Questions
Is it Mandatory to Use the Notice Period?
The party that terminates the indefinite-term employment contract without complying with the notice periods has to pay notice compensation to the other party. The employee or employer, who terminates the employment contract without complying with the notification period, pays notice compensation equal to the wage amount of the notification period.
What are the Conditions for Entitlement to Notice of Compensation?
The condition for entitlement to notice compensation is the termination of the employment contract without complying with the notice periods.
What is the Notice Compensation of the Worker with 6 Months of Seniority?
The notice period for an employee with a seniority of 6 months is 4 weeks. For this reason, if the conditions are met, the worker with 6 months of seniority is entitled to notice compensation equal to 4 weeks' gross wage.
How is Notice Compensation Calculated?
Notice compensation is calculated on the gross wage of the worker. Expenses such as travel and food provided to the worker are included in the gross wage. The notice compensation is equal to the wages of the worker until the notification period.
For example, the notice compensation is calculated as follows for a worker with a monthly dressed gross wage of TRY 3600 and a seniority of 1 year:
- The employee's notice period is 4 weeks.
- The daily wage of the worker is 3600/30= TRY 120.
- There are a total of 4x7=28 days in 4 weeks.
- Since the notice compensation is the wage of the worker during the notice period, the notice pay in the example is 120x28= TRY 3360.Who Can Get Notice Compensation?
A worker who works with an indefinite-term employment contract and whose employment contract is terminated without complying with the notice periods specified in the law is entitled to notice compensation.
If the employee resigns without notifying the employer that he/she will leave the job within the periods specified in the Law, the employer is also entitled to notice compensation.What is the Worker Notice Period?
The employee, who terminates the employment contract without a just cause and does not comply with the notice periods, is obliged to pay notice compensation to the employer. In the event that the employee terminates the employment contract without a justified reason, the periods specified in the law and which must be complied with are called the notice period.
Can a Resigning Worker Be Dismissed Before the Notice Period Expires?
The employee who terminates the employment contract without a justified reason must work until the notice period expires in order not to put the employer in a difficult situation. However, if the employee has decided to leave the job voluntarily, the employer may request the employee to quit the job before the expiry of the notice period. Even after the employee's notice period begins, the employer may request that the employee quit the job before this period expires. In cases where the employee leaves the job voluntarily without any pressure, if the employer has asked the employee to quit the job without waiting for the expiry of the notice period, both parties are not liable to the other in terms of notice compensation.
Labor law is a branch of private law that examines and regulates the relations between workers and employers. The concept that reveals the labor law is the protection of the worker. This has been the most basic principle of labor law.
Labor law is the science of law that regulates the rights and responsibilities between the employer and the employee who works in accordance with the orders and instructions of this employer in return for a wage in the context of a written or oral employment contract, and also imposes some rights and obligations on the state.
Labor law consists of main parts, namely individual labor law and collective labor law.
Individual labor law examines the regulations governing the relations of workers with their employers. Labor Law, Maritime Labor Law, Press Labor Law and Turkish Code of Obligations are the basic laws regulating individual labor law in our law.
Collective labor law examines the relations between unions, employers and the state, the formation and activities of unions (strike, lockout), union rights and freedoms, and collective bargaining agreements, which are formed as a result of workers coming together as an organization. The Law on Trade Unions, the Collective Bargaining Strike and Lockout Law and the Law on Public Employees’ Unions are the basic laws regulating collective labor law in our law.
Demir Law Firm provides comprehensive legal services to its clients on the following issues:
- Employer / worker representation service in mediation negotiations,
- Follow-up and management of the mediation process,
- Compliance and preparation of employment contracts, trade secrets and confidentiality agreements,
- Preparation of contracts on non-competition in labor law,
- Consultancy services on compliance with the legislation on occupational health and safety,
- Consultancy service on work permit for foreigners,
- Consultancy services on the management of termination processes in individual and collective labor agreements,
- Consultancy service regarding daily questions of the Human Resources department,
- Preparation and control of documents such as termination protocols, defense request, written warning notices,
- Follow-up of all kinds of lawsuits arising from employee and employer disputes,
- Cases of determination of insurance,
- Cases of severance and notice compensation receivables,
- Cases arising from occupational disease,
- Work accident and compensation cases arising from work accident.