Legislation Bulletin 2026/18 · 29 September 2026

It was emphasized that the date of termination notice must be taken as the basis in severance calculations

Judgment of the Constitutional Court Dated 8/4/2026 and Application No. 2022/90210

Laws concerned: Turkish Code of Obligations No. 6098 · Labor Law No. 4857

In a decision published in the Official Gazette, the Constitutional Court emphasized that the calculation of the six-month seniority requirement in job security lawsuits must be based on the date of the medical report and the date the termination notice reached the employee. The decision stated that the principle of good faith must be observed if the employer terminates the employment contract shortly before the expiration of the period.

In the case subject to the application, it was highlighted that the employment contract was terminated shortly before the employee completed their seniority period and while they were on medical leave, and that both the date the termination notice reached the employee and the duration of the report must be taken into account. The court of first instance ruled that the termination was invalid and ordered reinstatement, whereas the regional court of appeals overturned the decision by stating that the six-month period is mandatory.

The Constitutional Court ruled that the right to a reasoned decision within the scope of the right to a fair trial was violated due to the lack of sufficient reasoning in the appellate decision. This decision does not directly amend legislative articles; however, it demonstrates that courts must provide more diligent reasoning to prevent rights violations in their evaluations of seniority calculations and termination notice dates.

Decision date

on the date of publication

Who is affected

Employers, employees, human resources departments, employees experiencing labor law disputes, and courts handling labor law disputes.

Official Gazette text