On 19 June 2024, Decision no. 8 of 20 May 2024 was published in the Official Gazette. It deals with the appeal in the interest of the law related to the interpretation and uniform application of the provisions of Art. 75(1) and Art. 278(1) of the Labor Code relating to the starting and expiry date of the notice period. By this decision, the High Court of Cassation has established that, in the case of dismissal decisions, ‘the notice period begins to run from the day following the day on which the notice of employment termination is served and ends on the last day of the notice period”.
In its motivation, by analysing the compatibility of the provisions of the Civil Code with the specific labour relations, the High Court of Cassation and Justice has established that „the application of the term calculation rule that disregards the first day in which the period begins to run and also the day on which it ends would lead to an unjustified extension of the actual length of time included in the calculation of the period”. Thus, the court has established that there is an essential difference between the two methods of calculation, since the period of notice cannot include a non-business day (i.e. it cannot begin, include or end on a non-business day), which is why this period is considered to be derogatory from the common law.
