During notice period the employment contact is considered valid and continuing, therefore the employee is obliged to provide his/her service.
The party who does not abide by the rule to serve notice shall pay compensation; covering the wages which correspond to the term of notice. The employer may terminate the employment contract by paying the wages in advance corresponding to the term of notice.
The gardening leave is not regulated in the Labor Law; however, since it is in favor of employees, it can be applied by agreeing with the employee. However, if the employee does not want to leave, the employer cannot force s/he to use a garden leave. On the other hand, as explained above, the employer has right to terminate the employment contract by paying the wages in advance corresponding to the term of notice.
The notice period is continuation of the employment contract, which means, the employee is obliged to continue to perform his/her usual duties stipulated in his/her contract during the notice period. Employee cannot be forced to perform additional duties.
As per 27 of the Labor Code, during the term of notice the employer must grant the employee the permission to seek new employment within working hours without any deduction from his wage. The time devoted to this purpose should not be less than two hours daily. Where the employment contract has been terminated by the employer, the terms of notice and the leave of absence to be granted according to Article 27 for seeking new employment must not overlap with the annual leave period.