Notice periods (İhbar Süresi) are a key component of employment termination procedures in Turkey. They are designed to protect both employers and employees by providing advance notice before the end of an employment relationship, allowing time to plan transitions, recruit replacements, or seek new employment.
Understanding notice periods in Turkey is essential for legal compliance, cost management, and avoiding labor disputes—especially for foreign companies operating in the country.
1. Legal Basis of Notice Periods in Turkey
Notice periods are regulated under Labor Law No. 4857, which sets minimum notice durations that must be respected by both employers and employees in indefinite-term employment contracts.
These statutory notice periods cannot be reduced by contract but may be extended in favor of the employee.
2. When Do Notice Periods Apply?
Notice periods apply when:
- An indefinite-term employment contract is terminated
- Termination is not for just cause
- Either the employer or the employee initiates termination
Notice periods do not apply in cases of termination for just cause or when fixed-term contracts end naturally.
3. Statutory Notice Period Durations
Notice periods in Turkey are determined by the employee’s length of service with the employer:
- Less than 6 months: 2 weeks
- 6 months to 18 months: 4 weeks
- 18 months to 36 months: 6 weeks
- More than 36 months: 8 weeks
These periods apply equally to both employer and employee.
4. Notice Pay (İhbar Tazminatı)
If a notice period is not respected, the terminating party must pay notice compensation.
Key points about notice pay:
- Calculated based on the employee’s gross salary
- Includes regular benefits and allowances
- Paid in a lump sum
- Subject to income tax and stamp tax
Employers often choose to pay notice compensation instead of requiring the employee to work during the notice period.
5. Working During the Notice Period
If the employee continues working during the notice period:
- Employment rights remain unchanged
- Salary and benefits continue to be paid
- The employee is entitled to job search leave
Employees may use at least two hours per day to seek new employment, without loss of pay.
6. Employee Resignation and Notice Periods
Employees who resign must also comply with statutory notice periods unless they resign for just cause.
Failure to comply may result in:
- Deduction of notice compensation from final payments
- Legal claims by the employer
Justified resignation (e.g. unpaid wages, unsafe working conditions) exempts employees from notice obligations.
7. Notice Periods and Severance Pay
Notice pay and severance pay are separate and independent entitlements.
An employee may be entitled to:
- Severance pay
- Notice pay
- Both simultaneously
Eligibility depends on the reason and conditions of termination.
8. Notice Periods for Foreign Employees
Foreign employees working in Turkey under valid work permits are subject to the same notice period rules as Turkish citizens. Employers must also complete SGK and immigration notifications properly.
9. Common Employer Mistakes
- Applying incorrect notice durations
- Confusing notice pay with severance pay
- Failing to grant job search leave
- Using notice pay incorrectly in just-cause terminations
- Not documenting termination properly
These mistakes frequently lead to disputes and reinstatement claims.
Conclusion
Notice periods in Turkey are a fundamental employee protection mechanism under labor law. They provide fairness, predictability, and legal security during employment termination for both parties.
For employers, respecting notice period rules is critical to avoid compensation claims and labor court disputes. For employees, notice periods ensure financial continuity and time to transition to new opportunities.