According to the Circular (Circular No: 12) issued by the Turkish Notaries Union on 29.08.2024, when employees or employers terminate an employment contract for just cause, the termination transactions performed at a notary public will be subject to stamp duty and fees.

According to the Circular, termination notices made for just cause under Articles 24 and 25 of the Labor Law are considered “termination documents” when executed at a notary public. A proportional stamp duty of 1.89 per thousand will be collected from these termination notices. If the termination notice is approved by the notary, an additional proportional fee will also be collected on the contract.

In accordance with the Circular, when termination notices of employment contracts are issued at notaries, the employee’s final payroll is required, and the proportional stamp duty is calculated based on the annual salary stated in the final payroll.

Conclusion

Pursuant to the Circular, termination notices for just cause that are executed or approved by a notary, regardless of whether they are made by the employee or employer, will be subject to proportional stamp duty and/or fees. This practice will create an additional cost for the party issuing the termination notice and should be considered in cost calculations related to termination processes.

Best Regards,

DKND Law Firm