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Job Security Provisions in the Labor Act No. 4857
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Att. Ceyda Buyukoral
“Job Security” is regulated under Article 18 et seq. of the Labor
Act No. 4857 (“Labor Act”). The right of an employer to terminate an
employment contract by giving prior notice to an employee is restricted
by law for the purpose of protecting the job security of an employee.
Termination by Giving a Prior Notice
An employment contract with an indefinite term may be terminat-
ed if prior notice is given in accordance with Article 17 of the Labor
Act. The Labor Act provides for different notice periods depending on
an employee’s seniority. Pursuant to Article 17:
“Following the receipt of written notice by either party, the
contract of an employee will terminate as follows:
a) at the end of the second week, if the employment lasted less
than six months;
b) at the end of the fourth week, if the employment lasted
more than six months but less than 1
1
/
2
years;
c) at the end of the sixth week, if the employment has lasted
more than 1
1
/
2
years but less than three years; or
d) at the end of the eighth week, if the employment lasted
three years or more.
The above periods are minimums and may be increased by
contracts.”
Termination for Valid Cause
The number of employees defines the limits of an employer’s lati-
tude to terminate an employment contract. In workplaces where the
number of employees is less than thirty, employers are given wide lat-
326
NEWSLETTER 2012
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Article of November 2012