Özet:

The compensation which has to be paid by the party of an open-ended employment contract when the period of notice is not considered for termination, is called as “pay in lieu of notice” in Labour Law application. Different ideas put forward by both; doctrine and Court of Cassation decisions about the period of notice which will be taken into account for the determination of “pay in lieu of notice” which has to be paid by employee when the legal period of notice has been increased with contract. Also new Turkish Code of Obligations No.6098(TCO) has added a new dimension to this debate. It is aimed to examine the different opinions submitted by doctrine and Court of Cassation decisions about the subject regarding to TCO Articles 432, 438 and 439 with this study

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