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> GOVERNANCE - home > Employment protection legislation database - EPLex > Turkey

Turkey - Procedural requirements for individual dismissals


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Notification to the worker to be dismissed: written

Remarks:
  • Art. 19 LA provides that the notice of termination for employees, who are covered by the job security provision, shall be given by the employer in written form. Besides, the employer is obliged to specify the ground of termination clearly and definitely.
    [Art. 19 LA also requires the employer to allow an employee under a contract with an indefinite duration to defend himself against the allegations made against him or her in the event of dismissal for reasons related to the worker's conduct or performance].

    The notice form for the termination of employees excluded from the job security provisions is not specified.

    The 2012 Code of Obligations -that regulates the contract of workers not covered by the Labour Act- provides that, in relation to termination of employment related to the marketing facilities agreements, if the commission paid to the employee comprises at least one-fifth of the salary and the commission is influenced by seasonal fluctuations, the employer is entitled to terminate the employment contract as of the expiration of the former season with two months' notice prior to the start of the new season. At the same time, the employee is also entitled to terminate the contract with two months' notice before the start of the new season if he or she has worked until the end of the former season and also continued to work after the season. Nevertheless, the new Code of obligations doesn't provide any specific form of notification to the worker to be dismissed.

Notice period:
Remarks:
  • Art. 17 LA:
    The notice period to be observed by the employer before terminating a contract of indefinite duration varies according to the employee's length of service, as follows:
    - 2 weeks if the employee has been employed for less than 6 months;
    - 4 weeks if the employee has been employed for at least 6 months but less that one-and-a-half years;
    - 6 weeks if the employee has been employed for at least one-and-a-half years but less than 3 years;
    - 8 weeks if the employee has been employed for more than 3 years.
    These are minimum periods and may be increased by contracts between the parties.
    • tenure ≥ 6 months
      • 2 week(s).
    • tenure ≥ 9 months
      • 4 week(s).
    • tenure ≥ 2 years
      • 6 week(s).
    • tenure ≥ 4 years
      • 8 week(s).
    • tenure ≥ 5 years
      • 8 week(s).
    • tenure ≥ 10 years
      • 8 week(s).
    • tenure ≥ 20 years
      • 8 week(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 11 LA.

    Notification to the public administration: Yes

    Remarks:
    • According Art. 9 of the Code of Social Insurance and Universal Health, the Presidency of the Social Security Institution shall be notified by the employer within maximum ten days after termination of the employment contract.
      Note: This notification obligation also applies to any recruitment.

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Notes / Remarks
    The notice requirements apply to both employees covered by the job security provisions (termination with a valid reason) and those not covered by such provisions (no justification required).
    As mentioned above, the job security provision applies to employees who fulfil all the following criteria:the employee is engaged for an indefinite period, and; the employee has worked for at least 6 months, and; the employee works in an establishment with at least 30 employees.
    When terminating a contract for a just cause ("breaking of the contract) for reasons related to health, misconduct, force majeure, arrest and custody, as listed in Art. 25, the employer does not have to observe any notice requirements.

    + show references

    Notification to the worker to be dismissed: written

    Remarks:
    • Art. 19 LA provides that the notice of termination for employees, who are covered by the job security provision, shall be given by the employer in written form. Besides, the employer is obliged to specify the ground of termination clearly and definitely.
      [Art. 19 LA also requires the employer to allow an employee under a contract with an indefinite duration to defend himself against the allegations made against him or her in the event of dismissal for reasons related to the worker's conduct or performance].

      The notice form for the termination of employees excluded from the job security provisions is not specified.

      New: The 2012 Code of Obligations -that regulates the contract of workers not covered by the Labour Act- provides that, in relation to termination of employment related to the marketing facilities agreements, if the commission paid to the employee comprises at least one-fifth of the salary and the commission is influenced by seasonal fluctuations, the employer is entitled to terminate the employment contract as of the expiration of the former season with two months' notice prior to the start of the new season. At the same time, the employee is also entitled to terminate the contract with two months' notice before the start of the new season if he or she has worked until the end of the former season and also continued to work after the season. Nevertheless, the new Code of obligations doesn't provide any specific form of notification to the worker to be dismissed.

    Notice period:
    Remarks:
    • Art. 17 LA:
      The notice period to be observed by the employer before terminating a contract of indefinite duration varies according to the employee's length of service, as follows:
      - 2 weeks if the employee has been employed for less than 6 months;
      - 4 weeks if the employee has been employed for at least 6 months but less that one-and-a-half years;
      - 6 weeks if the employee has been employed for at least one-and-a-half years but less than 3 years;
      - 8 weeks if the employee has been employed for more than 3 years.
      These are minimum periods and may be increased by contracts between the parties.
      • tenure ≥ 6 months
        • 2 week(s).
      • tenure ≥ 9 months
        • 4 week(s).
      • tenure ≥ 2 years
        • 6 week(s).
      • tenure ≥ 4 years
        • 8 week(s).
      • tenure ≥ 5 years
        • 8 week(s).
      • tenure ≥ 10 years
        • 8 week(s).
      • tenure ≥ 20 years
        • 8 week(s).

      Pay in lieu of notice: Yes

      Remarks:
      • Art. 11 LA.

      Notification to the public administration: Yes

      Remarks:
      • According Art. 9 of the Code of Social Insurance and Universal Health, the Presidency of the Social Security Institution shall be notified by the employer within maximum ten days after termination of the employment contract.
        Note: This notification obligation also applies to any recruitment.

      Notification to workers' representatives: No

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: No

      Notes / Remarks
      The notice requirements apply to both employees covered by the job security provisions (termination with a valid reason) and those not covered by such provisions (no justification required).
      As mentioned above, the job security provision applies to employees who fulfil all the following criteria:the employee is engaged for an indefinite period, and; the employee has worked for at least 6 months, and; the employee works in an establishment with at least 30 employees.
      When terminating a contract for a just cause ("breaking of the contract) for reasons related to health, misconduct, force majeure, arrest and custody, as listed in Art. 25, the employer does not have to observe any notice requirements.

      + show references

      Notification to the worker to be dismissed: written

      Remarks:
      • Art. 19 LA provides that the notice of termination for employees, who are covered by the job security provision, shall be given by the employer in written form. Besides, the employer is obliged to specify the ground of termination clearly and definitely.
        [Art. 19 LA also requires the employer to allow an employee under a contract with an indefinite duration to defend himself against the allegations made against him or her in the event of dismissal for reasons related to the worker's conduct or performance].

        The notice form for the termination of employees excluded from the job security provisions is not specified.

        New: The 2012 Code of Obligations -that regulates the contract of workers not covered by the Labour Act- provides that, in relation to termination of employment related to the marketing facilities agreements, if the commission paid to the employee comprises at least one-fifth of the salary and the commission is influenced by seasonal fluctuations, the employer is entitled to terminate the employment contract as of the expiration of the former season with two months' notice prior to the start of the new season. At the same time, the employee is also entitled to terminate the contract with two months' notice before the start of the new season if he or she has worked until the end of the former season and also continued to work after the season. Nevertheless, the new Code of obligations doesn't provide any specific form of notification to the worker to be dismissed.

      Notice period:
      Remarks:
      • Art. 17 LA:
        The notice period to be observed by the employer before terminating a contract of indefinite duration varies according to the employee's length of service, as follows:
        - 2 weeks if the employee has been employed for less than 6 months;
        - 4 weeks if the employee has been employed for at least 6 months but less that one-and-a-half years;
        - 6 weeks if the employee has been employed for at least one-and-a-half years but less than 3 years;
        - 8 weeks if the employee has been employed for more than 3 years.
        These are minimum periods and may be increased by contracts between the parties.
        • tenure ≥ 6 months
          • 2 week(s).
        • tenure ≥ 9 months
          • 4 week(s).
        • tenure ≥ 2 years
          • 6 week(s).
        • tenure ≥ 4 years
          • 8 week(s).
        • tenure ≥ 5 years
          • 8 week(s).
        • tenure ≥ 10 years
          • 8 week(s).
        • tenure ≥ 20 years
          • 8 week(s).

        Pay in lieu of notice: Yes

        Remarks:
        • Art. 11 LA.

        Notification to the public administration: Yes

        Remarks:
        • According Art. 9 of the Code of Social Insurance and Universal Health, the Presidency of the Social Security Institution shall be notified by the employer within maximum ten days after termination of the employment contract.
          Note: This notification obligation also applies to any recruitment.

        Notification to workers' representatives: No

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: No

        Notes / Remarks
        The notice requirements apply to both employees covered by the job security provisions (termination with a valid reason) and those not covered by such provisions (no justification required).
        As mentioned above, the job security provision applies to employees who fulfil all the following criteria:the employee is engaged for an indefinite period, and; the employee has worked for at least 6 months, and; the employee works in an establishment with at least 30 employees.
        When terminating a contract for a just cause ("breaking of the contract) for reasons related to health, misconduct, force majeure, arrest and custody, as listed in Art. 25, the employer does not have to observe any notice requirements.

        + show references

        Notification to the worker to be dismissed: written

        Remarks:
        • Art. 19 LA provides that the notice of termination for employees, who are covered by the job security provision, shall be given by the employer in written form. Besides, the employer is obliged to specify the ground of termination clearly and definitely.
          [Art. 19 LA also requires the employer to allow an employee under a contract with an indefinite duration to defend himself against the allegations made against him or her in the event of dismissal for reasons related to the worker's conduct or performance].

          The notice form for the termination of employees excluded from the job security provisions is not specified.

          New: The 2012 Code of Obligations -that regulates the contract of workers not covered by the Labour Act- provides that, in relation to termination of employment related to the marketing facilities agreements, if the commission paid to the employee comprises at least one-fifth of the salary and the commission is influenced by seasonal fluctuations, the employer is entitled to terminate the employment contract as of the expiration of the former season with two months' notice prior to the start of the new season. At the same time, the employee is also entitled to terminate the contract with two months' notice before the start of the new season if he or she has worked until the end of the former season and also continued to work after the season. Nevertheless, the new Code of obligations doesn't provide any specific form of notification to the worker to be dismissed.

        Notice period:
        Remarks:
        • Art. 17 LA:
          The notice period to be observed by the employer before terminating a contract of indefinite duration varies according to the employee's length of service, as follows:
          - 2 weeks if the employee has been employed for less than 6 months;
          - 4 weeks if the employee has been employed for at least 6 months but less that one-and-a-half years;
          - 6 weeks if the employee has been employed for at least one-and-a-half years but less than 3 years;
          - 8 weeks if the employee has been employed for more than 3 years.
          These are minimum periods and may be increased by contracts between the parties.
          • tenure ≥ 6 months
            • 2 week(s).
          • tenure ≥ 9 months
            • 4 week(s).
          • tenure ≥ 2 years
            • 6 week(s).
          • tenure ≥ 4 years
            • 8 week(s).
          • tenure ≥ 5 years
            • 8 week(s).
          • tenure ≥ 10 years
            • 8 week(s).
          • tenure ≥ 20 years
            • 8 week(s).

          Pay in lieu of notice: Yes

          Remarks:
          • Art. 11 LA.

          Notification to the public administration: Yes

          Remarks:
          • According Art. 9 of the Code of Social Insurance and Universal Health, the Presidency of the Social Security Institution shall be notified by the employer within maximum ten days after termination of the employment contract.
            Note: This notification obligation also applies to any recruitment.

          Notification to workers' representatives: No

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: No

          Notes / Remarks
          The notice requirements apply to both employees covered by the job security provisions (termination with a valid reason) and those not covered by such provisions (no justification required).
          As mentioned above, the job security provision applies to employees who fulfil all the following criteria:the employee is engaged for an indefinite period, and; the employee has worked for at least 6 months, and; the employee works in an establishment with at least 30 employees.
          When terminating a contract for a just cause ("breaking of the contract) for reasons related to health, misconduct, force majeure, arrest and custody, as listed in Art. 25, the employer does not have to observe any notice requirements.

          + show references

          Notification to the worker to be dismissed: written

          Remarks:
          • Art. 19 LA provides that the notice of termination for employees, who are covered by the job security provision, shall be given by the employer in written form. Besides, the employer is obliged to specify the ground of termination clearly and definitely.
            [Art. 19 LA also requires the employer to allow an employee under a contract with an indefinite duration to defend himself against the allegations made against him or her in the event of dismissal for reasons related to the worker's conduct or performance].

            The notice form for the termination of employees excluded from the job security provisions is not specified.

            New: The 2012 Code of Obligations -that regulates the contract of workers not covered by the Labour Act- provides that, in relation to termination of employment related to the marketing facilities agreements, if the commission paid to the employee comprises at least one-fifth of the salary and the commission is influenced by seasonal fluctuations, the employer is entitled to terminate the employment contract as of the expiration of the former season with two months' notice prior to the start of the new season. At the same time, the employee is also entitled to terminate the contract with two months' notice before the start of the new season if he or she has worked until the end of the former season and also continued to work after the season. Nevertheless, the new Code of obligations doesn't provide any specific form of notification to the worker to be dismissed.

          Notice period:
          Remarks:
          • *Art. 17 LA. Before terminating a continual employment contract made for an indefinite period, a notice to the other party must be served by the terminating party. The contract shall then terminate:
            1. in the case of an employee whose employment has lasted less than 6 months, at the end of the second week following the serving of notice to the other party;
            2. in the case of an employee whose employment has lasted for 6 months or more but for less than 1,5 years, at the end of the fourth week following the serving of notice to the other party;
            3. in the case of an employee whose employment has lasted for 1,5 years or more but for less than 3 years, at the end of the sixth week following the serving of notice to the other party;
            4. in the case of an employee whose employment has lasted for more than 3 years, at the end of the eighth week following the serving of notice to the other party.

            These are minimum periods; they may be increased by contracts between the parties.
            • tenure ≥ 6 months
              • 2 week(s).
            • tenure ≥ 9 months
              • 4 week(s).
            • tenure ≥ 2 years
              • 6 week(s).
            • tenure ≥ 4 years
              • 8 week(s).
            • tenure ≥ 5 years
              • 8 week(s).
            • tenure ≥ 10 years
              • 8 week(s).
            • tenure ≥ 20 years
              • 8 week(s).

            Pay in lieu of notice: Yes

            Remarks:
            • Art. 11 LA.

            Notification to the public administration: Yes

            Remarks:
            • According Art. 9 of the Code of Social Insurance and Universal Health, the Presidency of the Social Security Institution shall be notified by the employer within maximum ten days after termination of the employment contract.
              Note: This notification obligation also applies to any recruitment.

            Notification to workers' representatives: No

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: No

            Notes / Remarks
            The notice requirements apply to both employees covered by the job security provisions (termination with a valid reason) and those not covered by such provisions (no justification required).
            As mentioned above, the job security provision applies to employees who fulfil all the following criteria:the employee is engaged for an indefinite period, and; the employee has worked for at least 6 months, and; the employee works in an establishment with at least 30 employees.
            When terminating a contract for a just cause ("breaking of the contract) for reasons related to health, misconduct, force majeure, arrest and custody, as listed in Art. 25, the employer does not have to observe any notice requirements.

            + show references

            Notification to the worker to be dismissed: written

            Remarks:
            • Art. 19 LA provides that the notice of termination for employees, who are covered by the job security provision, shall be given by the employer in written form. Besides, the employer is obliged to specify the ground of termination clearly and definitely.
              [Art. 19 LA also requires the employer to allow an employee under a contract with an indefinite duration to defend himself against the allegations made against him or her in the event of dismissal for reasons related to the worker's conduct or performance].

              The notice form for the termination of employees excluded from the job security provisions is not specified.

              New: The 2012 Code of Obligations -that regulates the contract of workers not covered by the Labour Act- provides that, in relation to termination of employment related to the marketing facilities agreements, if the commission paid to the employee comprises at least one-fifth of the salary and the commission is influenced by seasonal fluctuations, the employer is entitled to terminate the employment contract as of the expiration of the former season with two months' notice prior to the start of the new season. At the same time, the employee is also entitled to terminate the contract with two months' notice before the start of the new season if he or she has worked until the end of the former season and also continued to work after the season. Nevertheless, the new Code of obligations doesn't provide any specific form of notification to the worker to be dismissed.

            Notice period:
            Remarks:
            • *Art. 17 LA. Before terminating a continual employment contract made for an indefinite period, a notice to the other party must be served by the terminating party. The contract shall then terminate:
              1. in the case of an employee whose employment has lasted less than 6 months, at the end of the second week following the serving of notice to the other party;
              2. in the case of an employee whose employment has lasted for 6 months or more but for less than 1,5 years, at the end of the fourth week following the serving of notice to the other party;
              3. in the case of an employee whose employment has lasted for 1,5 years or more but for less than 3 years, at the end of the sixth week following the serving of notice to the other party;
              4. in the case of an employee whose employment has lasted for more than 3 years, at the end of the eighth week following the serving of notice to the other party.

              These are minimum periods; they may be increased by contracts between the parties.
              • tenure ≥ 6 months
                • 2 week(s).
              • tenure ≥ 9 months
                • 4 week(s).
              • tenure ≥ 2 years
                • 6 week(s).
              • tenure ≥ 4 years
                • 8 week(s).
              • tenure ≥ 5 years
                • 8 week(s).
              • tenure ≥ 10 years
                • 8 week(s).
              • tenure ≥ 20 years
                • 8 week(s).

              Pay in lieu of notice: Yes

              Remarks:
              • Art. 11 LA.

              Notification to the public administration: Yes

              Remarks:
              • According Art. 9 of the Code of Social Insurance and Universal Health, the Presidency of the Social Security Institution shall be notified by the employer within maximum ten days after termination of the employment contract.
                Note: This notification obligation also applies to any recruitment.

              Notification to workers' representatives: No

              Approval by public administration or judicial bodies: No

              Approval by workers' representatives: No

              Notes / Remarks
              The notice requirements apply to both employees covered by the job security provisions (termination with a valid reason) and those not covered by such provisions (no justification required).
              As mentioned above, the job security provision applies to employees who fulfil all the following criteria:the employee is engaged for an indefinite period, and; the employee has worked for at least 6 months, and; the employee works in an establishment with at least 30 employees.
              When terminating a contract for a just cause ("breaking of the contract) for reasons related to health, misconduct, force majeure, arrest and custody, as listed in Art. 25, the employer does not have to observe any notice requirements.

              + show references

              Notification to the worker to be dismissed: written

              Remarks:
              • Art. 19 LA provides that the notice of termination for employees, who are covered by the job security provision, shall be given by the employer in written form. Besides, the employer is obliged to specify the ground of termination clearly and definitely.
                [Art. 19 LA also requires the employer to allow an employee under a contract with an indefinite duration to defend himself against the allegations made against him or her in the event of dismissal for reasons related to the worker's conduct or performance].

                The notice form for the termination of employees excluded from the job security provisions is not specified.

                New: The 2012 Code of Obligations -that regulates the contract of workers not covered by the Labour Act- provides that, in relation to termination of employment related to the marketing facilities agreements, if the commission paid to the employee comprises at least one-fifth of the salary and the commission is influenced by seasonal fluctuations, the employer is entitled to terminate the employment contract as of the expiration of the former season with two months' notice prior to the start of the new season. At the same time, the employee is also entitled to terminate the contract with two months' notice before the start of the new season if he or she has worked until the end of the former season and also continued to work after the season. Nevertheless, the new Code of obligations doesn't provide any specific form of notification to the worker to be dismissed.

              Notice period:
              Remarks:
              • *Art. 17 LA. Before terminating a continual employment contract made for an indefinite period, a notice to the other party must be served by the terminating party. The contract shall then terminate:
                1. in the case of an employee whose employment has lasted less than 6 months, at the end of the second week following the serving of notice to the other party;
                2. in the case of an employee whose employment has lasted for 6 months or more but for less than 1,5 years, at the end of the fourth week following the serving of notice to the other party;
                3. in the case of an employee whose employment has lasted for 1,5 years or more but for less than 3 years, at the end of the sixth week following the serving of notice to the other party;
                4. in the case of an employee whose employment has lasted for more than 3 years, at the end of the eighth week following the serving of notice to the other party.

                These are minimum periods; they may be increased by contracts between the parties.
                • tenure ≥ 6 months
                  • 2 week(s).
                • tenure ≥ 9 months
                  • 4 week(s).
                • tenure ≥ 2 years
                  • 6 week(s).
                • tenure ≥ 4 years
                  • 8 week(s).
                • tenure ≥ 5 years
                  • 8 week(s).
                • tenure ≥ 10 years
                  • 8 week(s).
                • tenure ≥ 20 years
                  • 8 week(s).

                Pay in lieu of notice: Yes

                Remarks:
                • Art. 11 LA.

                Notification to the public administration: Yes

                Remarks:
                • According Art. 9 of the Code of Social Insurance and Universal Health, the Presidency of the Social Security Institution shall be notified by the employer within maximum ten days after termination of the employment contract.
                  Note: This notification obligation also applies to any recruitment.

                Notification to workers' representatives: No

                Approval by public administration or judicial bodies: No

                Approval by workers' representatives: No

                Notes / Remarks
                The notice requirements apply to both employees covered by the job security provisions (termination with a valid reason) and those not covered by such provisions (no justification required).
                As mentioned above, the job security provision applies to employees who fulfil all the following criteria:the employee is engaged for an indefinite period, and; the employee has worked for at least 6 months, and; the employee works in an establishment with at least 30 employees.
                When terminating a contract for a just cause ("breaking of the contract) for reasons related to health, misconduct, force majeure, arrest and custody, as listed in Art. 25, the employer does not have to observe any notice requirements.

                + show references

                Notification to the worker to be dismissed: written

                Remarks:
                • Art. 19 LA provides that the notice of termination for employees, who are covered by the job security provision, shall be given by the employer in written form. Besides, the employer is obliged to specify the ground of termination clearly and definitely.
                  [Art. 19 LA also requires the employer to allow an employee under a contract with an indefinite duration to defend himself against the allegations made against him or her in the event of dismissal for reasons related to the worker's conduct or performance].

                  The notice form for the termination of employees excluded from the job security provisions is not specified.

                  New: The 2012 Code of Obligations -that regulates the contract of workers not covered by the Labour Act- provides that, in relation to termination of employment related to the marketing facilities agreements, if the commission paid to the employee comprises at least one-fifth of the salary and the commission is influenced by seasonal fluctuations, the employer is entitled to terminate the employment contract as of the expiration of the former season with two months' notice prior to the start of the new season. At the same time, the employee is also entitled to terminate the contract with two months' notice before the start of the new season if he or she has worked until the end of the former season and also continued to work after the season. Nevertheless, the new Code of obligations doesn't provide any specific form of notification to the worker to be dismissed.

                Notice period:
                Remarks:
                • *Art. 17 LA. Before terminating a continual employment contract made for an indefinite period, a notice to the other party must be served by the terminating party. The contract shall then terminate:
                  1. in the case of an employee whose employment has lasted less than 6 months, at the end of the second week following the serving of notice to the other party;
                  2. in the case of an employee whose employment has lasted for 6 months or more but for less than 1,5 years, at the end of the fourth week following the serving of notice to the other party;
                  3. in the case of an employee whose employment has lasted for 1,5 years or more but for less than 3 years, at the end of the sixth week following the serving of notice to the other party;
                  4. in the case of an employee whose employment has lasted for more than 3 years, at the end of the eighth week following the serving of notice to the other party.

                  These are minimum periods; they may be increased by contracts between the parties.
                  • tenure ≥ 6 months
                    • 2 week(s).
                  • tenure ≥ 9 months
                    • 4 week(s).
                  • tenure ≥ 2 years
                    • 6 week(s).
                  • tenure ≥ 4 years
                    • 8 week(s).
                  • tenure ≥ 5 years
                    • 8 week(s).
                  • tenure ≥ 10 years
                    • 8 week(s).
                  • tenure ≥ 20 years
                    • 8 week(s).

                  Pay in lieu of notice: Yes

                  Remarks:
                  • Art. 11 LA.

                  Notification to the public administration: Yes

                  Remarks:
                  • * Art. 62 of the Trade Union Act provides for a mandatory 'post-dismissal notification' to the regional directorate of Labour as well as the Ministry of Labour and Social Security since they must be informed by the employer of the names of employees whose contracts have ended for any reason, until the 15th day of the following month.
                    Note that this notification obligation also applies to any recruitment.

                  Notification to workers' representatives: No

                  Approval by public administration or judicial bodies: No

                  Approval by workers' representatives: No

                  Notes / Remarks
                  The notice requirements apply to both employees covered by the job security provisions (= termination with a valid reason) and those not covered by such provisions (= no justification required).
                  This job security provision applies to employees who fulfil all the following criteria:
                  - the employee is engaged for an indefinite period, and
                  - the employee has worked for at least 6 months, and
                  - the employee works in an establishment with at least 30 employees.
                  When terminating a contract for a just cause ("breaking of the contract) for reasons related to health, misconduct, force majeure, arrest and custody, as listed in art. 25 the employer does not have to observe any notice requirements.

                  + show references

                  Notification to the worker to be dismissed: written

                  Remarks:
                  • Art. 19 LA provides that the notice of termination for employees, who are covered by the job security provision, shall be given by the employer in written form. Besides, the employer is obliged to specify the ground of termination clearly and definitely.

                    [The same article also requires the employer to allow an employee under a contract with an indefinite duration to defend himself against the allegations made against him or her in the event of dismissal for reasons related to the worker's conduct or performance].

                    The notice form for the termination of employees excluded from the job security provisions is not specified.

                  Notice period:
                  Remarks:
                  • Article 17. Before terminating a continual employment contract made for an indefinite period, a notice to the other party must be served by the terminating party.

                    The contract shall then terminate:

                    1. in the case of an employee whose employment has lasted less than six months, at the end of the second week following the serving of notice to the other party;

                    2. in the case of an employee whose employment has lasted for six months or more but for less than one-and-a-half years, at the end of the fourth week following the serving of notice to the other party;

                    3. in the case of an employee whose employment has lasted for one-and-a-half years or more but for less than three years, at the end of the sixth week following the serving of notice to the other party;

                    4. in the case of an employee whose employment has lasted for more than three years, at the end of the eighth week following the serving of notice to the other party.

                    These are minimum periods and may be increased by contracts between the parties.
                    • tenure ≥ 6 months
                      • 2 week(s).
                    • tenure ≥ 9 months
                      • 4 week(s).
                    • tenure ≥ 2 years
                      • 6 week(s).
                    • tenure ≥ 4 years
                      • 8 week(s).
                    • tenure ≥ 5 years
                      • 8 week(s).
                    • tenure ≥ 10 years
                      • 8 week(s).
                    • tenure ≥ 20 years
                      • 8 week(s).

                    Pay in lieu of notice: Yes

                    Remarks:
                    • Art. 11 LA.

                    Notification to the public administration: Yes

                    Remarks:
                    • * Art. 62 of the Trade Union Act provides for a mandatory 'post-dismissal notification' to the regional directorate of Labour as well as the Ministry of Labour and Social Security since they must be informed by the employer of the names of employees whose contracts have ended for any reason, until the 15th day of the following month.
                      Note that this notification obligation also applies to any recruitment.

                    Notification to workers' representatives: No

                    Approval by public administration or judicial bodies: No

                    Approval by workers' representatives: No

                    Notes / Remarks
                    The notice requirements apply to both employees covered by the job security provisions (= termination with a valid reason) and those not covered by such provisions (= no justification required).
                    This job security provision applies to employees who fulfil all the following criteria:
                    - the employee is engaged for an indefinite period, and
                    - the employee has worked for at least 6 months, and
                    - the employee works in an establishment with at least 30 employees.
                    When terminating a contract for a just cause ("breaking of the contract) for reasons related to health, misconduct, force majeure, arrest and custody, as listed in art. 25 the employer does not have to observe any notice requirements.

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                    Notification to the worker to be dismissed: written

                    Remarks:
                    • Art. 19 LA provides that the notice of termination for employees, who are covered by the job security provision, shall be given by the employer in written form. Besides, the employer is obliged to specify the ground of termination clearly and definitely.

                      [The same article also requires the employer to allow an employee under a contract with an indefinite duration to defend himself against the allegations made against him or her in the event of dismissal for reasons related to the worker's conduct or performance].

                      The notice form for the termination of employees excluded from the job security provisions is not specified.

                    Notice period:
                    Remarks:
                    • Art. 17 LA:
                      The notice period to be observed by the employer before terminating a contract of indefinite duration varies according to the employee's length of service, as follows:
                      - 2 weeks if the employee has been employed for less than 6 months;
                      - 4 weeks if the employee has been employed for at least 6 months but less that one-and-a-half years;
                      - 6 weeks if the employee has been employed for at least one-and-a-half years but less than 3 years;
                      - 8 weeks if the employee has been employed for more than 3 years.
                      These are minimum periods and may be increased by contracts between the parties.
                      • tenure ≥ 6 months
                        • 2 week(s).
                      • tenure ≥ 9 months
                        • 4 week(s).
                      • tenure ≥ 2 years
                        • 6 week(s).
                      • tenure ≥ 4 years
                        • 8 week(s).
                      • tenure ≥ 5 years
                        • 8 week(s).
                      • tenure ≥ 10 years
                        • 8 week(s).
                      • tenure ≥ 20 years
                        • 8 week(s).

                      Pay in lieu of notice: Yes

                      Remarks:
                      • Art. 17 LA.

                      Notification to the public administration: Yes

                      Remarks:
                      • * Art. 62 of the Trade Union Act provides for a mandatory 'post-dismissal notification' to the regional directorate of Labour as well as the Ministry of Labour and Social Security since they must be informed by the employer of the names of employees whose contracts have ended for any reason, until the 15th day of the following month.
                        Note that this notification obligation also applies to any recruitment.

                      Notification to workers' representatives: No

                      Approval by public administration or judicial bodies: No

                      Approval by workers' representatives: No

                      Notes / Remarks
                      The notice requirements apply to both employees covered by the job security provisions (= termination with a valid reason) and those not covered by such provisions (= no justification required).
                      This job security provision applies to employees who fulfil all the following criteria:
                      - the employee is engaged for an indefinite period, and
                      - the employee has worked for at least 6 months, and
                      - the employee works in an establishment with at least 30 employees.
                      When terminating a contract for a just cause ("breaking of the contract) for reasons related to health, misconduct, force majeure, arrest and custody, as listed in art. 25 the employer does not have to observe any notice requirements.