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The Notification Requirement in Collective Redundancy
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According to article 29 of the Labor Act (hereinafter referred to as
the “Act”), an employer is obliged to notify in writing the workplace
labor union representatives, relevant regional directorate, and Turkish
Employment Organization at least thirty days in advance before making a
collective redundancy as a result of economic, technologic, structural, or
similar undertaking, workplace, or requirements of work.
The fifth paragraph of the article states that these notices will enter
into force thirty days after the intention to have a collective redundancy is
notified to the regional directorate.
Due to ambiguity in the relevant article, different opinions in doctrine
arose as to whether “after thirty days” means the commencement of
termination notices or the expiration of an agreement.
In the doctrine, the dispositions of the Act literally mean that the
termination notices, being unique to collective redundancy, are fixed at
thirty days. However, the consideration of the collective redundancy
article, other articles, and the purpose of the Act lead to the position that
the termination notices will enter into force by the end of thirty days.
It is possible to agree on that opinion taking into consideration the
following: The idea of application of same period of time to employees
with different working durations is contrary to the purpose of the Act.
Consequently, any act regarding the termination of agreements is
performed during the thirty days that commence with the notice to the
regional directorate, such act and its consequences will be effective at the
end of thirty days.
According to another opinion, if the employer notified the termination
to employees before the notice to regional directorate, the notice periods
will not run until thirty days following the notice to the regional directorate.
As an opposite opinion, it is expressed that the termination notice
periods are assumed to overlap and for the employees whose notice periods
are less then thirty days, these periods will be extended to thirty days. And
according to another opinion, the agreement of the employer whose notice
period ended within thirty days will terminate, but the consequences of
termination will arise following these thirty days.
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Article of August 2010