Mutual termination agreement
An agreement by which employee and employer end the employment relationship by mutual consent rather than unilateral dismissal.
All termsA mutual termination agreement (ikale) ends the employment relationship by consent of both parties rather than by dismissal. It is not specifically regulated by statute; its validity has been shaped by Turkish case law within the freedom of contract.
Because the relationship does not end by dismissal, the employee in principle cannot bring a reinstatement claim and does not qualify for unemployment benefit, and severance and notice pay do not arise automatically. Given these serious consequences, courts require a reasonable benefit for the employee: where the proposal comes from the employer, something beyond the statutory payments is expected.
Employers frequently use ikale to eliminate reinstatement risk. Denying the employee time to consider the offer, or signatures obtained under pressure, are typical defects that invalidate the agreement, in which case the process is treated as an employer dismissal.
İstifa ile karıştırılmamalıdır: istifa işçinin tek taraflı iradesiyle, ikale ise iki tarafın anlaşmasıyla gerçekleşir.
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.