Notice Pay: How Long Are the Notice Periods, and When Is It Payable? (Labour Act Art. 17)

A party who wants to end an employment contract must, as a rule, give notice in advance. A party who does not comply with the notice requirement pays notice pay (ihbar tazminatı). Article 17 of the Labour Act No. 4857 applies to both worker and employer. This article summarises the notice periods, how the compensation is determined and when it is not due.

1. Notice periods

Open-ended employment contracts are deemed terminated at the end of the following periods from notice being given to the other party:

Worker's length of service	Notice period
Less than 6 months	2 weeks
6 months – 1.5 years	4 weeks
1.5 – 3 years	6 weeks
More than 3 years	8 weeks

These periods are minimums; they can be increased by contract.

2. How is notice pay determined?

• The party who does not comply with the notice requirement pays compensation equal to the wages for the notice period.
• The employer may also terminate by paying in advance the wages for the notice period.
• In calculating the compensation and the advance payment, money or contractual and statutory benefits measurable in money provided to the worker in addition to the wage in Art. 32/1 are also taken into account.
• An employer failing to give notice, or terminating by paying the notice-period wages in advance, does not prevent Arts. 18, 19, 20 and 21 (job security provisions) from applying. In other words, paying notice pay does not remove the possibility of bringing a reinstatement action for invalid termination. See our article on the reinstatement claim.

3. Conditions according to the Court of Cassation

According to the 9th Civil Chamber of the Court of Cassation, notice pay is compensation payable to the other party by the party who terminates an open-ended employment contract without just cause and without allowing the proper notice period. For this the contract must have been terminated without reliance on the grounds in Arts. 24 and 25, and the notice period in Art. 17 must not have been given (E.2021/6059, K.2021/11176; E.2023/19275, K.2024/1987). The same decision adds that if, despite a just cause for termination, the parties do not terminate within the forfeiture period in Art. 26, a duty to pay notice pay to the other party arises on later terminations (E.2023/19275, K.2024/1987).

4. When notice pay is not due

• Termination for just cause: if the contract is terminated in time for just causes under Art. 24 or 25, no notice period is required.
• Fixed-term contracts: the 9th Civil Chamber found it wrong to accept a claim for notice pay where the contract between the parties was fixed-term, stating that termination with notice is not possible and that the notice period in Art. 17 applies only to open-ended contracts (E.2021/498, K.2021/6992).
• Non-continuous work: the 6th Civil Chamber has stated that since Art. 17 does not apply to non-continuous work under Art. 10, a worker in such work cannot be entitled to notice pay (E.2022/2824, K.2023/3556). The same decision states that where the work is continuous and there is no probation period, the worker is entitled to notice pay.

5. Workers outside the scope of job security

Under Art. 18/1, where the contract of a worker outside the scope of Arts. 18–21 is ended by abuse of the right of termination, the worker is paid compensation equal to three times the notice period. If notice was also not given, notice pay is additionally due under Art. 17/4 (Art. 17/6).

6. What to do

• Establish whether the notice of termination was given in writing and its date; the notice period runs from that date.
• Check which notice period applies for your length of service; your contract may provide a longer one.
• Bear in mind that notice pay may be calculated taking into account money or benefits measurable in money provided in addition to your wage (for example regular meals, travel or bonuses).
• For other employment claims, see our articles on severance pay and overtime pay.
• If you would like your file assessed, you can book an appointment or reach us on the contact page.

This article is prepared for general information and does not replace legal advice. Every file is different, and rights can be lost if time limits are missed.