Procedure for termination of employment contract
Labor Law No. 4857
Article 19 – The employer is obliged to give the notice of termination in writing and to state the reason for termination clearly and precisely.
An employee’s indefinite-term employment contract may not be terminated for reasons related to that employee’s behavior or efficiency without obtaining his defense against the allegations against him. However, the employer reserves the right of termination in accordance with the provisions of subparagraph (II) of Article 25.
Objection to termination notice and procedure
Article 20 – (Amended first paragraph: 12/10/2017-7036/11 Art.) The employee, whose employment contract has been terminated, is obliged to apply to the mediator in accordance with the provisions of the Labor Courts Law within one month from the date of notification of the termination notice with the claim that no reason was given in the termination notice or that the reason given was not a valid reason, with a request for reinstatement. If no agreement is reached at the end of the mediation activity, a lawsuit can be filed at the labor court within two weeks from the date of the final report. If the parties agree, the dispute may be submitted to a special arbitrator instead of the labor court within the same period. In the event that the lawsuit is procedurally rejected due to filing a lawsuit directly without applying to the mediator, the rejection decision shall be notified to the parties ex officio. The parties may apply to the mediator within two weeks from the official notification of the finalized rejection decision.
The burden of proof that the termination is based on a valid reason lies with the employer. If the employee claims that the termination is based on another reason, he/she is obliged to prove this claim.
(Amended third paragraph: 12/10/2017-7036/11 Art.) The lawsuit shall be concluded immediately. In case an appeal is filed against the decision of the court, the regional court of appeal shall decide expeditiously and definitively.
(Canceled fourth paragraph: By the Constitutional Court Decision dated 19/10/2005 and numbered E.:2003/66, K.:2005/72).
Source: Turkish Revenuea Administration
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