21/02/2023

Notification of termination of employment contracts in Turkey

According to certain provisions of the Labour Law No. 4857 and other provisions of the Labour Law, it is required to notify the relevant institutions or organisations of the termination of the employment contracts in Turkey in certain cases.

Although these issues are stated in the relevant sections of the study, it is hoped that it will be of practical benefit to present them together in a separate section.

The most comprehensive provisions regulating the notification of the situation to public institutions in the termination of employment contracts in Turkey stem from the Law No. 5510 and related legislation. When the relevant regulations are examined, it is generally seen that the termination of the employment contracts in Turkey of the insured whose employment contract has been terminated must be notified to the institution. Accordingly, insurance ends with the termination of the employment contracts in Turkey of the insured and this date must be notified by the employer to the institution via e-insurance within ten days following the termination of the insurance with an insured departure declaration.

Some of the provisions regulating the notification of the situation to public institutions in the termination of employment contracts are also included in Article 48 of the Unemployment Insurance Law No. 4447. However, since the explanations regarding this regulation are given above, it will not be emphasised again.

Apart from this regulation, in case of collective dismissal of workers according to Article 29 of the Labour Law No. 4857, the situation must be notified to the union representative, the provincial directorate and the Turkish Employment Agency in writing 30 days in advance.

Article 12 of the Law No. 5188 on Private Security Services stipulates that when the employment contract of the private security officer is terminated, the situation must be notified to the relevant governorship within 15 days, and when the apprenticeship contract concluded in accordance with the Vocational Education Law No. 3308 is terminated according to Articles 18, 91 and 20 of the Law, the situation must be notified to the apprenticeship training centre within 3 working days.