Notice pay (ihbar tazminatı) is the compensation paid to the other party by the party that terminates an indefinite-term employment contract without observing the statutory notice period. The amount equals the wage for the notice period that was not observed (Labour Code (İş K.) art. 17). In most cases the employer pays it; however, an employee who leaves without observing the notice period may also have to pay notice pay to the employer.
How many weeks is the notice period?
The law links the period to the employee’s length of service at that workplace (Labour Code art. 17):
| Length of service | Notice period |
|---|---|
| Less than 6 months | 2 weeks (14 days) |
| 6 months – 1.5 years | 4 weeks (28 days) |
| 1.5 years – 3 years | 6 weeks (42 days) |
| More than 3 years | 8 weeks (56 days) |
These periods are minimums; they can be increased by the employment contract or a collective bargaining agreement, but not reduced. The period runs from the moment the notice reaches the other party.
Who is entitled to notice pay?
The following conditions must all be met for notice pay:
- The contract must be indefinite-term. In a fixed-term contract no notice period needs to be given, so no notice pay arises either.
- The termination must not be based on just cause. If the employee or the employer terminates the contract with immediate effect for the just causes in Labour Code art. 24 or art. 25, the other party cannot claim notice pay.
- The terminating party must have given no notice at all, given insufficient notice, or not allowed the notice period to run without interruption.
Important: Notice pay is paid by the party that terminates the contract improperly; the terminating party cannot receive it. For this reason, an employee who terminates the contract themselves, even for just cause, may receive severance pay but cannot receive notice pay.
Does a resigning employee pay compensation to the employer?
Yes, they may. The statutory rule applies to both sides: “the party that fails to comply with the notice requirement” pays compensation. An employee who resigns without just cause and leaves without waiting for the notice period to expire becomes liable to pay notice pay to the employer.
Payment in advance and job-search leave
- Payment in advance: The employer may end the contract immediately by paying the wage for the notice period in advance (Labour Code art. 17). In that case the employee cannot claim notice pay separately.
- Job-search leave: During the notice period the employer must give the employee job-search leave of at least two hours a day, within working hours and without deduction from wages. If the employee wishes, these hours may be combined and taken in one block; the employee must schedule them for the days just before leaving and notify the employer (Labour Code art. 27).
- If the leave is not given at all or is given only in part, the wage for that time is paid to the employee. If the employee is made to work during the leave, the wage for the time worked is paid with a 100% premium. According to the Court of Cassation (Yargıtay), failure to give job-search leave does not invalidate the notice period; the sanction is this wage.
How is notice pay calculated?
The calculation is based on the full gross wage (giydirilmiş brüt ücret). The law requires that, in addition to the basic wage, money and money-equivalent benefits provided to the employee under the contract or the law are also taken into account (Labour Code art. 17, last paragraph, art. 32(1)). Regular payments such as meal and travel allowances, regular bonuses and premiums are therefore added to the wage.
The formula is simple: daily full gross wage × notice period (days).
Example: Take an employee who has worked for 2 years and 6 months, with a monthly full gross wage of TRY 40,000.
- Since the length of service is between 1.5 and 3 years, the notice period is 6 weeks = 42 days.
- Daily full gross wage: 40,000 ÷ 30 = TRY 1,333.33.
- Notice pay: 40,000 × 42 ÷ 30 = TRY 56,000 (gross).
To calculate with your own figures, you can use our severance and notice pay calculator.
Which deductions are made?
- No social security (SGK) premium is deducted. Notice pay is not included in earnings subject to premiums (Social Security and General Health Insurance Law (SSGSSK) art. 80(1)(b)).
- Income tax is deducted. The income tax exemption applies only to severance pay (Income Tax Law (GVK) art. 25/7); notice pay does not fall within this exemption.
- Stamp duty is deducted.
This is why court judgments and payslips show notice pay as a gross amount; the amount the employee actually receives is what remains after these two taxes are deducted.
Limitation period and mediation
- The limitation period for notice pay is five years (Labour Code additional art. 3). The same period applies to severance pay, compensation for bad-faith termination and annual leave pay. As a rule, the period runs from the date the contract is terminated.
- Applying to a mediator before filing a lawsuit is mandatory; it is a procedural precondition for the lawsuit (Labour Courts Law (İşMK) art. 3). A lawsuit filed without applying to a mediator is dismissed on procedural grounds. The limitation period is suspended from the application until the date of the final mediation report.
- As of 31.07.2026 the unquantified claim lawsuit (belirsiz alacak davası) has been abolished; new employee lawsuits can be filed as partial claims and increased once under Code of Civil Procedure (HMK) art. 109(4). We explain the details in our article on the unquantified claim lawsuit.
Recent Court of Cassation decisions
- Court of Cassation 9th Civil Chamber, 03.02.2026, E. 2025/9524, K. 2026/756: The Chamber stated that notice pay is paid by the party that terminates improperly, and that this party may also be the employee. It stressed that the notice period cannot be split; if it is only partly allowed to run, compensation is calculated on the whole period, not just the remaining part. In the case at hand, the 4-week period had been fully allowed to run, so the award of notice pay was reversed in the interest of the law. Text of the decision
- Court of Cassation 9th Civil Chamber, 14.10.2025, E. 2025/7334, K. 2025/7797: The employee had been given a 56-day notice period but had not been allowed job-search leave. The Chamber held that the sanction for failing to give this leave is regulated separately in Labour Code art. 27 and therefore does not invalidate the notice period, and reversed the judgment awarding notice pay. Text of the decision
- Court of Cassation 9th Civil Chamber, 22.10.2025, E. 2025/6645, K. 2025/8204: A collective bargaining agreement had increased the notice period to 36 weeks for employees with more than three years’ service. The Chamber stated that the periods can be increased by contract but that this increase is not unlimited, and that the judge will intervene in an excessive increase. It held that notice pay must be calculated taking into account the upper limit adopted by the Chamber. Text of the decision
This article is for general information only and is not legal advice. For your specific situation, please seek advice from a lawyer.