What You Need to Know About Notice Pay
What is Notice Pay and to Whom is it Paid?
Notice pay is a type of compensation paid in the event of termination of the employment relationship between the employee and the employer. Regulated under Article 17 of the Turkish Labor Law, notice pay is paid when the employee’s employment contract is terminated or terminated by the employer. If the employee leaves the job without notifying the employer within the notice period, the employer may be required to pay notice compensation.
What is the notice period and how is it calculated?
The notice period is the period during which the employee or the employer must give prior notice to the other party before terminating the employment contract. According to the Turkish Labor Law, the notice period is determined according to the length of employment. For example, if the employee has worked for less than one year, the notice period is 2 weeks, and if the employee has worked for more than one year, the notice period is 4 weeks.
Method of Calculation of Notice Pay
The calculation of notice pay is based on the employee’s last gross wage. The amount of wages to be paid to the employee during the notice period is calculated by multiplying the employee’s daily gross wage by the number of days of the notice period. For example, if a worker’s daily gross wage is 200 TRY and there is a 4-week notice period (20 working days), the notice pay calculation will be 200 TL x 20 days = 4000 TRY.
Conditions for the Employee to be entitled to Notice Pay
In order to receive notice pay, the employee must meet certain conditions. These are:
Whether the employee gives a written or oral notice of termination of the employment contract,
Employee quits or is dismissed by the employer within the specified notice period.
Warning Pay and Employer Rights
Employers may also have an obligation to pay notice pay to the employee. However, it should not be forgotten that the employer has the right to dismiss the employee immediately for just cause. In this case, the employer may be relieved of the obligation to pay notice pay to the employee.
Legal Limitations and Disputes on Notice Pay
In the event of a dispute between the employee and the employer regarding the notice pay, a lawsuit can be filed according to the procedures and principles set out in the Turkish Labor Law. It is important to get support from a specialized lawyer to understand your legal rights and responsibilities regarding notice pay.