2-WHAT IS THE LEGAL BASIS OF NOTICE PAY?
Notice pay is prepared in Article 17 entitled ‘’periodic termination’’ of the Labor Law no. 4857

3-WHEN SHOULD THE NOTICE BE SENT TO THE COUNTER PARTY?
The notice about the termination of the labor contract (the notice for the leave of employment given to the employee by the employer, the notice for the ending date of employment conveyed to the employer by the employee) should be sent to the counter party according to the seniority term stated below.

Before the termination of the employment contract of indefinite duration, the counter party must be informed about the termination.

The statutory notice periods are;
a)2 weeks’ notice if employed for less than 6 months
b)4 weeks’ notice if employed between 6 months and one year and a half
c)6 weeks’ notice if employed between one year and a half and 3 years
d)8 weeks’ notice if employed for 3 years or morePlease go through your contract. Because the employer may give the employee more than the statutory minimum; however, he/she may not give you less.

*If one of the counter parties does not comply with notification condition, he/she is supposed to pay in lieu of notice in accordance with notification period.

*Notice pay is different from seniority indemnity, because notice pay is applied to both employer and the employee. That means if the employee leaves the work without complying with notice periods, he/she has to pay in lieu of notice.

The employer may offer the employee payment in lieu of notice instead of giving a notice, on condition that the payment should be made in advance.

4-WHAT IS THE AMOUNT OF NOTICE PAY?
An example of notice pay calculation table is indicated below. The table belongs to an employee who gets minimum wage without extras.

The amount of notice pay varies between 2 weeks and 8 weeks.5-WHAT IS THE AMOUNT OF NOTICE PAY?
Whoever does the notice, the employer is entitled to 2-hour permit for job search during notice period.

If the counter parties come to an agreement, that period can be also used collectively.

6-IS THERE A DEDUCTION FROM NOTICE PAY?
Income tax and stamp tax are deducted from notice pay.
SSI and unemployment insurance are not deducted from notice pay.

7-IS THERE AN EXTRA PAYMENT IN LIEU OF NOTICE, IF THE EMPLOYER WORKS DURING THE NOTICE PERIOD?
No.
If the notice period is taken into consideration according to the Labor Law and the termination of labor contract is submitted to the counter party, the payment should be made in line with the term of employment.

Source: Labor Law
Date: 26 January 2017

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

– If the court or the arbitrator concludes that the termination is unjustified because no valid reason has been given or the alleged reason is invalid, the employer must re-engage the employee in work within one month. If, upon the application of the employee, the employer does not re-engage him in work, compensation to be not less than the employee’s four months’ wages and not more than his eight months’ wages shall be paid to him by the employer.
– In its verdict ruling the termination invalid, the court shall also designate the amount of compensation to be paid to the employee in case he is not re-engaged in work.
– The employee shall be paid up to four months’ total of his wages and other entitlements for the time he is not re-engaged in work until the finalization of the court’s verdict. If advance notice pay or severance pay has already been paid to the reinstated employee, it shall be deducted from the compensation computed relevantly. If term of notice has not been given nor advance notice pay paid, the wages corresponding to term of notice shall also be paid to the employee not re-engaged in work.
– For re-engagement in work, the employee must make an application to the employer within ten working days of the date on which the finalized court verdict was communicated to him. If the employee does not apply within the said period of time, termination shall be deemed valid, in which case the employer shall be held liable only for the legal consequences of that termination.

Source: Article 21 of the Labor Law no. 4857

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.