The notice period remains valid during official holidays. There is no day when the notice period does not apply. Whether it is a weekend or a religious or national holiday, any day that could be considered a holiday is still counted as part of the notice period. Notice is measured in calendar days, not only working days. For example, if an employee’s notice period is two weeks, they must give a written notice to their employer two weeks before leaving. If this employee decides on February 1 to resign and informs the employer in writing that day, the two-week notice will expire on February 15 and the employee’s last working day will be February 15.
What Is the Notice Period?
The notice period is the time that must be given before termination of employment. It can apply in two ways. If an employee wants to resign voluntarily, the labor law requires the employee to give written notice to the employer that they will leave after the notice period. Otherwise, the employee may be required to pay compensation. The reverse is also true.
If an employer wants to dismiss an employee without a valid reason, the employer must give written notice during the notice period. For example, if the notice period is two weeks, the employer must notify the employee in writing two weeks in advance. If these rules are not followed, the employee may owe compensation when leaving, or the employer may be required to pay compensation when dismissing the employee. If the notice period is observed, no compensation payment is necessary.
What Is Notice Pay?
Notice pay, one of the two types of severance payments along with statutory severance (kıdem tazminatı), can be owed by either the employee or the employer. Which party must pay depends on who failed to observe the notice period. The labor law specifies notice periods based on the employee’s length of service.
For example, an employee who has worked less than six months has a two-week notice period. Consider this case: an employee with a two-week notice period who has worked less than six months decides to resign. The employee must give written notice to the employer two weeks before the intended last day. If on March 1 the employee decides to quit and submits written notice that day, their last day will be March 15.
If the employee does not meet this requirement and leaves immediately on March 1 without notifying, they will owe notice pay. The same principle applies to employers. Suppose an employer wants to dismiss an employee without a valid reason, and that employee’s length of service is between six months and 1.5 years. The corresponding notice period is four weeks.
If the employer decides on June 1 to terminate the employee and delivers written notice on that date, the notice period starts from the date of notification. In that case, the employee’s last day will be July 1. If the employer dismisses the employee immediately without respecting the notice period, the employer must pay notice pay.
How Long Are the Notice Periods?
The notice period that both employee and employer must observe is important because the party that fails to comply must pay notice pay. The statutory written notice periods are as follows:
- If the employee’s service is less than six months, the notice period is two weeks. If the employer fails to comply, they must pay the employee two weeks’ wages; if the employee fails to comply, the employee must pay the employer two weeks’ wages as compensation.
- If the employee’s length of service is between six months and 1.5 years, the notice period is four weeks. The compensation equals four weeks’ wages and is payable by the party that did not comply.
- If the employee’s length of service is between 1.5 years and three years, the notice period is six weeks and the notice pay equals six weeks’ wages.
- If the employee’s length of service exceeds three years, the notice period is eight weeks and the notice pay equals eight weeks’ wages.
What Rights Does the Employee Have During the Notice Period?
When an employee gives written notice to resign or when an employer gives written notice of dismissal, the notice period begins. The employee retains all existing rights during the notice period; those rights do not decrease or increase solely because the notice period has started. It is prohibited for the employer to withdraw or reduce the employee’s rights on the pretext that the employee will soon leave. If an employer unlawfully withholds rights, the employee should pursue legal remedies to recover them.
How Is Notice Pay Calculated?
Notice pay calculation is based on the employee’s length of service as indicated by the labor law. The calculation includes all components that form part of the employee’s salary. For example, if an employee receives 2,500 TL salary plus 200 TL meal allowance and 200 TL travel allowance, notice pay is calculated on the total of 2,900 TL as the gross amount. To illustrate: an employee who has worked less than six months is entitled to two weeks’ pay as notice compensation. If that employee’s gross monthly salary is 3,000 TL, their daily wage is calculated and multiplied by 14 days. In that scenario, the employee would receive 1,400 TL as notice pay when dismissed, or would owe 1,400 TL if they left without observing the notice period.
Is the Notice Period the Same for Employees and Employers?
Yes. The notice period is determined by the employee’s length of service and applies equally to both the employer and the employee. There is no difference in the notice period based on which party is initiating the termination.
When Is Notice Pay Not Applicable?
There are situations in which notice pay cannot be claimed by either party. Under statutory provisions (articles comparable to 24 and 25), certain circumstances nullify entitlement to notice pay. Examples of situations where notice pay is not payable include:
- The employee leaves for military service,
- The employee retires,
- A female employee leaves due to marriage,
- And other similar statutorily specified cases.
What Happens to Notice Pay If the Workplace Closes?
If the workplace closes, the right to notice pay continues. Regardless of whether the closure is initiated by the employer or results in termination for employees, notice pay remains payable. If one party is obligated to pay notice compensation but refuses or encounters difficulties in making the payment, the other party may seek recovery through legal channels.