Discontinuing employmenti Dismissal
In offices where job protection provisions are not in force, an employer can dismiss an employee without giving a reason on the condition that it is not malicious. There are, however, notice and severance provisions.
The employer must notify the Social Security Institution that an employee has left a job within 10 days of the employee leaving and within 10 days of an employment contract with an employee ending, and must submit the employee's resignation letter to the Institution. The employer is supposed to notify the relevant district office and Turkish Employment Agency within 30 days.
A union may intervene in a dispute between an employee and employer at the written request of the employee. The company's termination of the employment contract may prompt such an intervention. There is no provision making it compulsory to notify the labour union of dismissals. For mass dismissals, the employer must notify the union representative in writing.
Provision of notice is mandatory. The employer has to abide by minimum notification times when terminating an employment contract. These range from two weeks' notice for employees who have worked for under six months up to eight weeks' notice for employees who have worked for three years or more. These notification periods can be increased by contract. If the employee is not given notice, the employer must make payment in lieu of notice, corresponding to the salary the employees would have earned during the notification period.
There are no categories of employees protected from dismissal. Employment contracts can be terminated without giving valid reasons or any reason. If an employer terminates the contract of an employee employed for at least one year without giving reasons, however, a seniority indemnity must additionally be paid equivalent to 30 days' social aid for every full year worked. If an employer terminates the employment contract of an employee without abiding by the notice period, it must make a payment in lieu of notice.
As an employment relationship is contractual, the parties can draw up a settlement agreement concerning the termination of the employment contract and can waive compensation and legal rights mutually. In labour law, however, some rights (e.g., payment in lieu of notice) are mandatory and cannot be wholly contracted out of or modified if the change is disadvantageous to the employee.ii Redundancies
There is no requirement as to the manner in which an employer should inform its employees about the termination of an employment contract. If it is done in writing, however, it is easier to confirm the date and details. For employees who work in a workplace with 30 employees or more and who have completed more than six months' service, termination of the contract of employment must be in writing, citing a justified reason. Again, the employer is liable for observing the notice period and paying severance benefit to employees if applicable. In mass dismissals, however, there are different conditions. When the employer requires mass dismissal as a result of economic, technological, constitutional or similar requirements of the enterprise or business sector, it must inform the union representative, relevant district office and Turkish Employment Agency of the dismissal at least 30 days in advance. This notification must include the reasons for dismissal, how many of the employees will be affected and when the dismissal will be effective.