Term Termination of the Employment Contract


Term Termination of the Employment Contract



1. Exercising the Right of Term Termination

a. Characteristics and Form of Notice of Termination

Labor Law No. 4857 (İşK) m. According to Article 17, the situation must be notified to the other party before the termination of an indefinite-term employment contract. İşK m. Pursuant to 18, it is obligatory to state the reason for termination in the temporary termination of employment contracts of workers and workplace union representatives covered by job security.


İşK m. In business relations subject to job security pursuant to 19/1, it is a condition of validity that the temporary termination notices to be made by the employer are in writing; Notices that do not comply with this condition will be void. İşK m. According to 109, all notifications to be made pursuant to this law must be in writing. In this case, in terms of business relations that are not subject to job security, the written notice of termination is not a validity but a proof condition.


The employer may demonstrate his will for termination in writing, verbally or through actions. According to the nature of the event, in cases where the addressee is in a position to interpret this behavior as a will to terminate, in accordance with the theory of trust, termination is available. However, it should not be forgotten that İşK. Pursuant to Article 19/1, in the terminations to be made by the employer in relations subject to job security, the written notice of termination is a validity condition, and in the case of verbal or deed termination, even if the employment contract is terminated by the employer, the termination will be deemed invalid as it does not comply with the written form requirement.


b. Termination Notice Period

İşK. Article 17 stipulates increasing notification periods according to the working time of the worker at the workplace, that is, his seniority. According to this article, the employment contract;


- two weeks from the date of notification to the other party for the worker whose work lasted less than six months,


- four weeks from the date of notification to the other party for the worker whose job has lasted from six months to one and a half years,


- six weeks from the date of notification for the worker whose job has lasted from one and a half to three years,


- For the worker whose job has lasted more than three years, it is terminated eight weeks after the notification is made to the other party.


These notice periods are valid for terminations made by both the employee and the employer. If the employment contract is suspended for any reason during the termination notice period, the notice periods will not run until the suspension period ends.


The notification periods stipulated in Article 17/2 of the Labor Code are minimum. That is, these periods can be increased through the contract, but cannot be reduced or removed.


2. Provisions and Consequences of Term Termination

a. Status of the Parties within the Notification Period

All the rights and obligations arising from the employment contract between the employee and the employer continue in the period that must pass from the date the notice of termination is received to the date of the termination of the employment contract. Therefore, the worker will still be under the obligation to work and the employer to pay. However, if the right of temporary termination has been exercised before, if any justifiable reason for termination arises within the notification period, since the rights still remain the same, it does not prevent the use of the right to terminate immediately for just cause.


b. Granting a New Job Search Permit

Article 27 of the Labor Code has given the worker the opportunity to look for a new job during the notification period and during working hours. According to this article, the employer is obliged to give the employee a job search permit within the notice period, within working hours and without any wage cut, in order to find a new job. The job search leave cannot be less than two hours a day, and the worker can combine the job search leave hours and use them collectively. However, the worker who wants to use the job search leave collectively has to coincide with the days before the day he will leave the job and notify the employer of this situation. However, the worker cannot determine the time to use the new job search permit himself. Otherwise, the employer may terminate the employment contract immediately for just cause due to the employee's absence.


The sanction of the employer's refusal to give a job search permit or its incomplete use is the payment of the wage for that period to the worker. In the event that the employer employs the worker during the job search permit, in addition to the wage that the worker will receive without any compensation for working by using the leave, the wage of the time he worked is paid with a hundred percent increase.


İşK m. In order for the new job search permit in Article 27 to be used, it does not matter who made the termination. However, a new job search permit is not applied in the termination of the employment contract by cash payment, immediate termination based on a just cause, illegal and invalid termination. Likewise, if the employment contract is terminated immediately for just cause within the notice period, the right to seek a new job also expires. It should also be noted that in this case, the new job search permit fee paid until the end of the contract cannot be withdrawn. It is not necessary for the worker to make a request for the birth of the right to seek a new job.


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