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Do the same rules apply in case of redundancy (i.e. collective dismissals) and individual dismissals?

Employers can terminate employment contracts on the basis of redundancy, and this is considered to be a valid cause under the provisions of the Turkish Labour Code. However, basic conditions are determined by the appeal court in order for the termination due to redundancy to be a valid cause that, it should be not possible to employ the employee in different department or position and no other employee should be employed for the same position of the dismissed employee.


In terms of collective dismissals, under Article 29 of the Turkish Labour Code, employers can proceed with collective redundancies to the extent that dismissal is based on economic reasons, technological development, or reorganization of the work. In the case of collective redundancy, employers must notify the trade union representatives, the regional directorate of the Ministry of Labour and Social Security and the Turkish Labour Authority in 30 days prior to initiating a collective dismissal. Dismissal is considered collective if it extends to 10 employees if the total number of employees is between 20 and 100; 10% of the employees if the total number of employees is between 101 and 300; at least 30 employees if the total number of employees is 301 or more.


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