Tazminat

Tazminat is a term used in Turkish law to denote compensation for loss or damage arising from a contractual breach or a wrongful act, as well as a specific form of severance pay in employment relations. The concept covers multiple contexts, including civil liability damages and employment-related compensation, and its rules are set out in the Turkish Civil Code and, for employment matters, in the Labor Law and related regulations.

Kıdem tazminatı (severance pay) is a key form of tazminat in employment law. It is payable by the employer when the employment contract ends under eligible circumstances, such as termination by the employer or retirement, following a minimum period of service. The amount depends on the employee’s last gross wage and the length of service, typically calculated on a per-year basis within statutory limits. The payment is intended to provide financial support after job loss and to recognize long service with the employer.

Ihbar tazminatı (notice compensation) can be due if the employer ends the contract without the required notice period, or if the employee resigns without proper notice. This form of tazminat is separate from kıdem tazminatı and relates to the obligation to observe or compensate for forewarning of termination.

Tazminat claims arising in civil matters are determined by the courts, considering factors such as the extent of loss, causation, fault, and foreseeability of damages. Limitation periods apply, and different types of tazminat may have different time limits under civil law.

In practice, eligibility and calculation of tazminat can be complex, depending on contract terms, status, and the reasons for termination. Individuals often seek legal guidance or consult official resources to determine their rights.