Unfair Dismissal in Turkey: Severance and Notice Pay Rights

Losing a job is difficult both financially and emotionally. Turkish labor law protects employees under certain conditions and guarantees specific compensation rights in cases of unfair termination. This guide covers severance pay, notice pay, and the reinstatement lawsuit process.

When Is Severance Pay Owed?

An employee who has worked for the same employer for at least one year is entitled to severance pay if terminated without just cause, or in cases specifically listed by law — such as retirement, military service, or a female employee resigning due to marriage. Severance is calculated based on the employee's last gross wage for each full year of service.

What Is Notice Pay?

The party terminating the employment contract must give the other party advance notice within legally defined periods, or pay notice compensation instead. The required notice period ranges from 2 to 8 weeks depending on the employee's length of service. If an employer dismisses an employee without observing this period, they must pay compensation equal to the wages for that notice period.

Conditions for Filing a Reinstatement Lawsuit

An employee with at least 6 months of service at a workplace employing 30 or more people can file a reinstatement lawsuit if their contract was terminated without valid justification. The claim must be filed within one month of receiving the termination notice. If the court finds the termination invalid, the employer must either reinstate the employee or pay reinstatement compensation.

Overtime and Other Claims

Beyond severance and notice pay, employees may also claim unpaid overtime, unused annual leave pay, and any outstanding bonus or premium payments upon leaving a job. Calculating these claims depends on the employee's work history and payroll records.

How Does the Process Work?

1. Reviewing the termination notice and its stated grounds

2. Calculating severance, notice, and other employment-related claims

3. Filing for mandatory mediation (a legal prerequisite before litigation)

4. Proceeding to the labor court if no settlement is reached

Get Professional Legal Support

At Atalya Hukuk Bürosu, we provide comprehensive labor law counsel and litigation support to both employees and employers in Antalya. To make sure your rights are fully protected, contact us early in the process or learn more about our labor law services.