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LABOR LAW
217
The legislature aimed to prevent or to reduce the consequences of
the collective redundancy by negotiation with the labor unions and not to
modify the termination notice period of thirty days. Even the appropriate
applicability of this thirty-day period may be discussed since it is thought
that the mentioned opinions are not suitable for the aim of providing
additional security against collective redundancy.
Consequently, pursuant to the fifth paragraph of art. 29 of the Labor
Act, the termination notices of collective redundancy, being different from
personal redundancy, will take effect after an additional period of thirty
days. The expression of “will take effect” in the relevant article proves that
the labor contract does not terminate until the end of thirty days.
The intention is to give an active role to the regional directorate in
notifications, and therefore the notices need to be notified to the regional
directorate to be effective. In case of a failure to realize this notice, the
thirty-day period for validity of termination will not run, and the termination
will not have any effect and the termination notices periods will not run.
In other words, since the terminations will be effective after the end of
thirty days following the notices, the notice period will run from this date.
The employer could also terminate the agreements by paying the fees for
the notification period. Even if the employer chooses to pay these fees in
advance, the termination will be effective and bear consequences at the
end of thirty days.
Due to the fact that the termination notices will be effective after the
end of thirty days following the notification to the regional employment
directorate, the employer should determine the date of termination by
adding at least thirty days to the date of notification. The thirty-day period
will expire on the thirtieth day after notification. If the notification is not
made, the termination will not occur. In other words, the notice periods that
must be respected in terminations according to article 17 of Labor Law
will not run during the notice period which is made to regional directorate
thirty days before and will run after the end of these thirty days.
However, it does not mean that the thirty days in the fifth paragraph
will start at the end of the thirty days in the first paragraph. It is necessary
to accept that the period in the first paragraph which will run from the
notification to relevant authorities and the time of affecting in the fifth
paragraph are the same, and it is the thirty-day period which is based on