Termination Processes

Termination of the employment contract is the stage that gives rise to the most disputes in employment law, and even a small procedural flaw can end in a reinstatement claim and a compensation action. We design and run individual and collective termination processes with you, and prepare the termination guides your HR team will use, as well as defence request and warning letters for performance and conduct cases.

What are termination for a valid reason and termination for just cause?

Termination for a valid reason is termination based on a reason arising from the employee’s competence or conduct or from the requirements of the business, made with the required notice. At workplaces with thirty or more employees, employees with at least six months’ service have job security; their contracts can be terminated only for a valid reason.

Termination for just cause, by contrast, is immediate termination without waiting for the notice period, based on serious grounds such as conduct contrary to morality and good faith. This right must be exercised within six business days of the employer learning of the event and, in any case, within one year of the event.

What is collective dismissal?

Dismissing a certain number of employees within one month for reasons related to the business, the workplace or the work is a collective dismissal. The number depends on the size of the workforce at the workplace. A collective dismissal requires written notification at least thirty days in advance to the workplace union representatives, the relevant regional directorate and the Turkish Employment Agency, and certain procedures must be followed.

Scope

• Preparing guides for termination processes, and preparing or reviewing standard defence request and warning letters for performance and conduct cases
• Designing and carrying out individual and collective termination processes
• Preparing mutual termination agreements and release documents
• Checking post-termination payments and documents

How We Work

1. Assessing the reason for termination and the existing documents; comparing the options of valid reason, just cause or mutual termination
2. Preparing defence requests, warnings and termination notices
3. Checking the calculation of severance pay, notice pay and other entitlements
4. Where needed, conducting mutual termination negotiations and preparing the mutual termination agreement
5. Preparing the file for possible mediation and litigation