Definition of collective dismissal (number of employees concerned):
Within 1 month, terminations for reasons of an economic, technological or similar nature necessitated by the requirements of the enterprise affecting at least:
- 10 employees in establishments with 20 to 100 employees;
- 10% of employees in establishments with 101 to 300 employees;
- 30 employees in establishments with 301 and more employees
Prior consultations with trade unions (workers' representatives):
Notification to the public administration:
Art. 29 LA: written notification to the relevant regional directorate of labour and the Turkish Employment Organization at least 30 days prior to the intended collective dismissals. Information to be communicated include the reason for the contemplated lay-off, the number and groups to be affected as well as the length of time the procedure is likely to take.
Notification to workers' representatives:
Art. 29 LA: written notification to the union representatives at least 30 days prior to the intended collective dismissals. Information to be communicated include the reason for the contemplated lay-off, as well as the length of time the procedure is likely to take.
Approval by public administration or judicial bodies:
Approval by workers' representatives:
Priority rules for collective dismissals (social considerations, age, job tenure):
No statutory selection criteria.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...):
Art. 29 LC: the union representatives shall be consulted on the measures to be taken to avert or to reduce the terminations as well as the measures to mitigate their adverse effects on the workers concerned.
Priority rules for re-employment:
Art. 29 LC: If the employer intends to employ employees for a work with the same qualifications within six months from the finalization of mass dismissal, he/she has to call back the laid-off workers whose qualifications are suitable, giving them priority over other applicants.