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Notice Period and Notice Compensation 2026: How Many Weeks, How is It Calculated, Who Pays? Labor Law No. 4857 art. 17 and m. 27 Notification Periods, Job Search Permit, Bad Faith Compensation and Calculation Principles (2026) was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
The notice period is the obligation of the party who wishes to terminate an indefinite-term employment contract to give two to eight weeks' notice, depending on seniority. If the period is not complied with, notice compensation equal to the fee for the period is paid to the other party. The calculated gross wage is taken as basis and no ceiling is applied. In case of termination for just cause, during the trial period or at the end of a fixed-term contract, no notice obligation arises. During the period, the worker must be given at least two hours of paid job search leave per day.
The party who wishes to terminate an indefinite-term employment contract must notify the other party in advance.
This waiting period stipulated by the law is called the notice period (notice period), and the amount paid due to termination without complying with the period is called notice compensation. The obligation is two-sided: both the employer and the employee must comply with this period when resigning.
The most frequently asked questions in practice are; How many weeks the period is, whether the notice period will be used by working or paid in advance, how the job search permit will be used and in what cases the right to notice compensation is not earned. This guide is based on Article 17 of the Labor Law No. 4857 and the established practice of the Supreme Court.
The notice period is determined by the employee's total period of service at that employer. The periods in the law are minimum periods; It can be increased, but not decreased, by an employment contract or collective bargaining agreement.
Notification must be made in writing. The period starts to run from the day following the day the notification reaches the other party.
The employer can terminate the contract immediately by paying the fee for the notice period in advance; In this case, there is no obligation to continue employing the worker.
How is Notice Compensation Calculated?
Notice pay is calculated based on the gross wage, as in severance pay: regular meals, transportation, premiums and similar payments are added to the bare wage. Unlike severance pay, there is no ceiling on notice pay; Income tax and stamp duty are deducted from the amount.
The daily gross wage of a worker who has been working for four years and whose monthly gross wage is 60,000 TL is 2,000 TL. For an eight-week (56-day) notice period, the gross notice pay will be 56 x 2,000 = 112,000 TL. The net amount varies depending on the worker's cumulative tax base in the relevant year.
Termination of the employer for justified reason: If the employer terminates the contract immediately for a justified reason within the scope of Article 25, no notice obligation arises.
Employee's own justified termination: When the employee terminates the contract for justified reason in accordance with Article 24, he/she receives severance pay, but cannot receive notice pay. The Supreme Court accepts that the party who terminates the contract cannot claim notice compensation, even if he/she is right (Supreme Court 9. HD, E. 2025/9306, K. 2026/710, T. 02.02.2026).
Termination of a fixed-term contract: There is no notification obligation in a fixed-term contract that expires.
Trial period: During the trial period, the parties may terminate the contract without the need for a notice period and without compensation (Labour Law article 15).
An employee who resigns without a justified reason must wait the same period according to his/her seniority. An employee who quits the job without complying with the deadline may be liable to pay notice pay to the employer, and the employer may wish to deduct this amount from the employee's final wage. For this reason, it should be clearly stated in the resignation letter that the notice period will be worked or that the employer is requested to waive the period. In cases where the employer accepts the resignation on the condition that the notice period is complied with, the employee's failure to comply with the notice period is evaluated in favor of the employer in the trial.
During the notice period, the employer must give the employee at least two hours of paid job search leave per day to find a new job (Labor Law article 27). If the employee wishes, he can use this leave collectively, on the days before the day he leaves work. If the leave is not given at all or is given incompletely, the wage of the unused time is paid to the worker with a 100 percent increase. The employee employed during leave is also paid for this period.
In case of abuse of the right of termination, for example, if the employee complains to the employer or the contract is terminated due to union activities, the employer pays bad faith compensation in the amount of three times the wage for the notice period. Bad faith compensation is provided for workers who cannot benefit from job security provisions; An employee who is able to file a reinstatement lawsuit cannot claim this compensation separately.
If permission is not given The fee for the leave period is paid with a 100% increase.
Case Summary: The employer notified Elif Hanım, who had been working in a store for two years, in writing that her contract would end at the end of the six-week notice period, but did not give her permission to look for a job during this period. Legal Evaluation: Since the notice period was used by working hard, Ms. Elif will not receive notice compensation. On the other hand, since the job search permit calculated for two hours per day for six weeks was not granted, the wage for these hours must be paid with a 100 percent increase. Severance pay is paid separately due to employer termination.
Case Summary: Mr. Kerem, a software specialist with five years of seniority, submitted his resignation upon the offer he received from another company and did not come to work the next day. Legal Evaluation: Kerem Bey should have complied with the eight-week notice period. Since he left without complying with the deadline, the employer may demand notice compensation equal to 56 days' salary. This risk could have been prevented by requesting an exemption from the deadline in the resignation letter and obtaining the written approval of the employer.
What happens if the dismissed employee does not want to work the notice period?
If the employer has decided to use the time by working, the employee's failure to come to work may result in absenteeism. If the employee does not want to work the period, he must make a written agreement with the employer regarding advance payment or exemption.
When is notice compensation paid?
In case of termination with advance payment, it must be paid at the time of termination, otherwise it must be paid on the date of termination of the contract. A lawsuit may be filed for unpaid compensation within the five-year statute of limitations, by first applying to a mediator.
Should an employee who is entitled to retirement comply with the notice period when resigning?
An employee who leaves due to retirement is entitled to severance pay; However, since this departure is a termination, it is recommended to comply with the notice period in practice. If an exemption from the period is requested, this must be agreed in writing with the employer.
Not recording the job search permit while the notice period is being used.
Not making the notification in a way that proves the date of notification (notary public, KEP, signed notification).
Quitting the job without agreeing on the exemption from the notice period in writing in the resignation letter.
Calculating notice pay with bare wages instead of disguised wages.
Assuming that the employee who terminates for just cause may also request notice pay.
Although notice periods may seem short, an incorrectly calculated period, a job search permit that is not granted, or an undocumented notification may create an unexpected compensation burden for both the employee and the employer. The content and timing of the termination notice determine the course of the subsequent lawsuit.
Küheylan Law Firm ensures that the process is completed in accordance with the law by preparing termination notices, auditing notice and bad faith compensation calculations, and supporting workers and employers in negotiations at the mediation stage.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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