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Notice Of Termination By Employer

Notice Of Termination By Employer

According to Labour Law 22/1992, employer has to give notice of termination to employee and show a valid reason of termination to employee. The notice of termination should be complied with related law and contract of employment, it should be certain and clear in a manner that employee can undertsand the reason of the termination of contract.

It is possible to dive the law of termination of employment contract into two categories, as termination with valid reasons which are mostly related with the conduct and performance of employee as well as other reasons related with the job, workplace, economic factors and redundancy. The other category is related to more severe reasons including theft at workplace, conduct and other inapropriate behaviours of employee which led to a immediate termination of contract without providing a notice period.

If an employer has terminate the contract of employment in breach of these rules, then, employee can file a lawsuit in order to render the termination void and provided that employer has not provided a adequate reason of employment, failed to give a notice of termination and/or is not complied with legal notice periods. The legal conditions with regard of the form of the termination are so strict that can render the termination void and unlawful. In fact, if the notice of termination is given in breach of law with regard of the form of the notice, then the court can render the termination void without the need of further investigating the validity of the reason of termination.

In summary, the regulations with regard of the form of the notice of termination are crucial that a breach of these regulations may render the notice of termination void in accordance with clause 13 of Labour Law 12/1992. The notice of termination should be in writing, complied with the notice periods under Labor Law, be certain and clear and provided a valid reason of termination. Otherwsie, employee can claim damages, compensation and other losess.

Attr. Berke Ada
  • Attr. Berke Ada
  • February 2023
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