Should we make the payment in lieu of notice to the worker who wants to leave the job with a mutual termination agreement? (In Turkey)
According to the judicial decisions in Turkey, even if severance and payment in lieu of notice are paid to the employee with mutual termination agreement, an additional value which will include acceptable benefit must be paid (if the request for the contract is from the employer).
In the recent decision, the acceptable benefit is stated as follows: “In the event that employer requests the termination, the acceptable benefit must be paid by the plaintiff in accordance with the material values to be obtained after the termination and our settled case-laws and 2-month wage has been paid to the plaintiff with mutual termination agreement… ”
(9th Chamber of the Court of Cassation, E. 2017/23432, K. 2018/8361, D. 11.4.2018)
Source: İSMMMO
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