What Is the Notice Period?
The notice period is a statutory protection mechanism that requires the party terminating an open-ended employment contract to give the other party reasonable advance warning before the contract ends. Its purpose is to give an employee time to find a new job in the face of sudden dismissal, and to give an employer time to find a replacement in the face of an employee’s sudden departure. The core legal basis of this arrangement is Article 17 of Labour Law No. 4857. This article sets the minimum periods that run from the notice of termination for both the employer and the employee.
Calculating the notice period correctly is extremely important, because failure to observe it directly gives rise to an obligation to pay notice pay (pay in lieu of notice). A party who terminates the contract without observing the period must pay compensation equal to the wages for the part of the period left unobserved. For this reason the notice period is not merely a waiting period, but also the basis of a potential claim.
Legal Basis and Length of Notice Periods
The Labour Law sets notice periods on a graduated basis according to the employee’s length of service (period of employment) at the workplace. The longer the period of employment, the longer the required notice period. The minimum periods prescribed by law are as follows:
- For an employee who has worked less than 6 months: 2 weeks,
- For an employee who has worked from 6 months up to 1.5 years: 4 weeks,
- For an employee who has worked from 1.5 years up to 3 years: 6 weeks,
- For an employee who has worked more than 3 years: 8 weeks.
These periods are regulated in the law as minimum periods; they may be increased by an individual or collective bargaining agreement, but they cannot be reduced to the employee’s disadvantage. It should not be forgotten that the periods are equal for both parties: the same brackets also apply to the notice period an employee who wishes to leave must give the employer.
How Is the Notice Period Calculated?
The first step in the calculation is to determine the employee’s length of service correctly, that is, the total period of employment between the date of hiring and the date the contract ended. Once the length of service is established, the number of weeks corresponding to the relevant bracket is found from the table above. For example, a length of service of 2 years and 4 months falls within the “1.5 years–3 years” range, so the notice period is set at 6 weeks.
The notice period runs on the basis of calendar days and in weeks; calendar days, not working days, are taken into account, so intervening weekends and public holidays are not deducted from the period. The period begins on the day following the day on which the notice of termination reaches (is served on) the other party. The employer may, if it wishes, keep the employee working throughout this period; or it may terminate the contract immediately by paying the wages for the period in advance. This latter route is called “payment of notice pay in advance.”
Granting the employee time off to look for work during the notice period is also mandatory. Under Article 27 of the Labour Law, the employer must give the employee at least two hours of job-search leave per day throughout the notice period, and must allow these hours to be taken all at once if the employee so wishes. These leave periods are not deducted from wages.
A Short Example Scenario
Suppose an employee’s date of hiring is 1 January 2022 and the date the employment contract is terminated is 1 April 2024. In this case, the total length of service is approximately 2 years and 3 months and falls within the “1.5 years–3 years” bracket. Accordingly, the notice period the employee is entitled to is 6 weeks. The employer may either keep the employee working for a further 6 weeks or pay the amount of this six-week gross wage in advance as notice pay. During this period the employee also earns the right to two hours of job-search leave per day.
Points to Watch Out For
- Fixed-term contracts: The notice period applies only to open-ended employment contracts. Fixed-term contracts end automatically at the end of the agreed term; as a rule, no notice period is involved.
- Termination for just cause: Where the contract is terminated for just cause (immediate termination) under the grounds listed in Articles 24 and 25 of the Labour Law, no notice period need be given. In these cases the contract may be terminated without notice.
- The gross salary is the basis: Where the notice period is not observed, the compensation payable is calculated not on the bare (base) salary but on the dressed-up gross salary, which also includes continuing supplementary benefits such as transport and meals.
- The period cannot be split: The notice period is a single whole; the employer cannot apply it arbitrarily by splitting it into parts or by keeping the employee working for part and paying for part.
Common Mistakes
- Confusing the notice period with severance pay. These are separate rights; observing the notice period does not remove the obligation to pay severance pay.
- Assuming the period is counted in working days. The periods run in weeks and calendar days; weekends are not deducted from the period.
- Miscalculating the length of service and remaining in a lower bracket. Even a difference of a few days can change a bracket (for example, from 6 weeks to 8 weeks).
- Overlooking the fact that the employee, too, must give the employer notice in the event of resignation. An employee who resigns without notice may be liable to pay notice pay to the employer.
- Failing to grant job-search leave at all, or underpaying the wages for these leave periods.
This tool and content are provided for general information purposes only; the circumstances of the specific case (the start of the service period, the scope of the salary, the reason for termination, the type of contract) may change the outcome. To avoid any loss of rights relating to the notice period and notice pay, it is advisable to seek support from an employment lawyer who can carry out an assessment tailored to your personal situation.