When is an employee entitled to severance pay and notice pay?
To be entitled to severance pay, the employee must have worked for the same employer for at least one year, and the employment contract must have ended in one of the ways listed in the law. These include termination by the employer without just cause, termination by the employee for just cause, military service, retirement and a female employee leaving within one year of marriage.
Notice pay arises when an indefinite-term employment contract is terminated without observing the notice periods, which range from two to eight weeks depending on length of service (Labour Act No. 4857, Art. 17).
How does an employee file a reinstatement lawsuit?
To benefit from job security, the workplace must employ thirty or more employees, the employee must have at least six months of service, and the contract must be of indefinite term (Labour Act Art. 18).
Applying to a mediator within one month of service of the termination notice is mandatory. If no agreement is reached in mediation, a reinstatement lawsuit is filed with the labour court within two weeks of the date of the final mediation report.
What employee receivables can be claimed?
The main claims that can be made while the employment relationship continues or after it ends are:
- Unpaid wages and bonuses
- Overtime pay
- Pay for weekly rest days, national holidays and public holidays
- Pay for unused annual leave
- Compensation for bad-faith termination and for discrimination
When is mandatory mediation required in employment disputes?
For employee and employer receivables and compensation claims based on the law or on an individual or collective employment agreement, and for reinstatement claims, applying to a mediator before filing a lawsuit is a precondition for bringing the case (Labour Courts Act No. 7036, Art. 3).
This requirement does not apply to compensation lawsuits for pecuniary and non-pecuniary damage arising from workplace accidents or occupational diseases. Since no lawsuit can later be filed on matters agreed in mediation, the agreement should be reviewed carefully before it is signed.
Which court hears an employment case in Ankara?
Employment cases are heard by the labour courts. The courts with general territorial jurisdiction are the court of the defendant’s place of residence on the date the case is filed and the court of the place where the work or transaction was performed (Labour Courts Act Art. 6). An employee working at a workplace in Ankara may file their case with the Ankara labour courts.
As a rule, the mandatory mediation application is also made to the mediation office at the other party’s place of residence or where the work is performed.
What employment law advice is available to employers?
On the employer’s side, the aim is to set up processes in line with the law before a dispute arises. Steps such as drafting employment contracts, carrying out termination for valid or just cause in the proper manner, obtaining the employee’s written defence and giving written notice directly affect the outcome of any lawsuits that may be filed.
- Drafting employment contracts and supplementary protocols
- Planning and documenting termination processes
- Representing employers in mediation meetings
- Assessment of occupational health and safety obligations
Last updated: 22 October 2026. The information on this page is for general information only; legislation and case law may change. Please obtain legal advice on your specific situation.
