{"id":16567,"date":"2023-02-21T08:56:08","date_gmt":"2023-02-21T07:56:08","guid":{"rendered":"https:\/\/www.azkangroup.com\/?p=16567"},"modified":"2024-08-08T16:52:55","modified_gmt":"2024-08-08T16:52:55","slug":"how-to-prepare-and-deliver-required-documents-in-case-of-employment-contract-termination-in-turkey","status":"publish","type":"post","link":"https:\/\/www.azkangroup.com\/how-to-prepare-and-deliver-required-documents-in-case-of-employment-contract-termination-in-turkey","title":{"rendered":"How to prepare and deliver required documents in case of employment contract termination in Turkey ?"},"content":{"rendered":"\n

Employment contract termination in Turkey <\/a>: Preparation and delivery of required documents <\/strong><\/h2>\n\n\n\n

a. Issuance of a labour certificate<\/strong><\/p>\n\n\n\n

According to Article 28 of the Labour Law, the employer is required to give a document to the employee who leaves his\/her job, indicating the type and duration of his\/her job. Since this document is not stipulated by the law, it does not matter whether the termination in Turkey is made by the employee or the employer.<\/p>\n\n\n\n

Although it is not stipulated in the law, in order to fulfil the burden of proof, it would be beneficial to issue the document in two copies, and the copy to be kept at the workplace should bear the signature and date of the employee indicating that he\/she has received the original.<\/p>\n\n\n\n

Additionally, according to the provision of the law, the injured worker or the new employer who hires the worker is entitled to claim compensation from the former employer due to the failure to provide the document on time or the presence of inaccurate information in the document.<\/p>\n\n\n\n

b. Giving notice of resignation<\/strong><\/p>\n\n\n\n

According to Article 48 of the Law No. 4447 <\/a>regulating the unemployment insurance, employers are obliged to give one copy of the notice of termination of employment in three copies to the employees (insured in the term of the law) in certain cases of termination in Turkey, which are specified in Article 51 of the law. One copy of these notifications will be kept at the workplace and one copy will be sent to the relevant Turkish Employment Agency unit. These procedures must be carried out within 15 days.<\/p>\n\n\n\n

According to Article 5 of the Law dated 18.02.2009 and numbered 5838, it is accepted that the notifications to be made by the employers to the Social Security Institution in the event of the insured (workers) leaving the job are also accepted as a substitute for the notice of resignation according to Article 48 of the Unemployment Insurance Law No. 4447, therefore, if the employers notify the Social Security Institution that the worker (insured) has left the job, there is no need to give the notice of resignation to the Turkish Employment Agency. However, since there is no special regulation regarding the copy given to the employee at this point, the employer will continue to issue this document and give it to the employee.<\/p>\n\n\n\n

The law stipulates that the employment contract of the insured must be terminated for the reasons listed in Article 51 of the same law for the payment of unemployment insurance allowance in general and the issuance of these notifications in particular.<\/p>\n\n\n\n

Accordingly, the employment contract in Turkey :<\/p>\n\n\n\n