Bad-faith compensation (kötü niyet tazminatı)
Compensation payable where the contract of an employee outside job-security coverage is terminated through abuse of the right to dismiss.
All termsBad-faith compensation is owed where an employee on an open-ended contract who falls outside Turkish job-security coverage is dismissed through abuse of the right to terminate. The amount is a statutory multiple of the wages for the notice period.
Typical bad-faith dismissals follow the employee filing a complaint against the employer, testifying against them or otherwise pursuing legal rights. The compensation is distinct from notice pay and may be claimed alongside it; compliance with notice periods does not defeat a bad-faith claim.
Employees covered by job security cannot claim this compensation; their remedy is the reinstatement lawsuit. The employee bears the burden of proving bad faith, and the temporal proximity between the dismissal and a complaint or testimony is treated in practice as the strongest evidence.
İhbar tazminatı ile karıştırılmamalıdır: ihbar tazminatı bildirim sürelerine uyulmamasının karşılığıdır, bu tazminat ise feshin kötüye kullanılmasının yaptırımıdır.
Statutory basis
- İş Kanunu m.17
The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.