A “Leaver General Release” is a written and signed declaration obtained from the employee whose employment contract is terminated, showing that employee has been received all his due rights and releases and discharges the employer for any claims he may have as a result of the termination.
The release document aims at preventing further litigation process.
When an employment contract is terminated, employee shall be paid his severance pay, basic wages, overtime earnings, wages for weekly rest days and national or general holidays, annual leave remuneration and any other receivables due as of the date of leave.
HOW TO ARRANGE A RELEASE DOCUMENT?
Release agreement is arranged in article 420 of Turkish Code of Obligation No. 6098.
For preparing a valid agreement the following points should be taken into consideration:
- It should be in written form
- All receivables of employee with their names and amounts should be included in the agreement, such as;
ü Severance pay
ü Notice pay
ü Wages, all supplements to basic wages
ü Overtime earnings
ü Wages for weekly rest days and national or general holidays
ü Annual leave remuneration and any other receivables due as of the date of leave.
- Payment must be done through the bank.
- For preparing and signing a release agreement at least one month period must passed the date of termination of the contract.
PROMLEM IN DATE OF RELEASE AGREEMENT
As it is seen below release agreement can only be concluded after at least one month period have passed the date of termination. This rule causes a problem for the employer, because after one month of termination it cannot be easy to find the employee.
Even it may be difficult to find the leaver after one month he has left, employer has to comply with this rule for a valid release agreement.