What are the Conditions for the Validity of a Release?
The regulation on the validity conditions of the release is regulated in the 2nd paragraph of Article 420 of the Turkish Code of Obligations. A document that does not meet these conditions is invalid. These conditions are listed below;
First of all, it should be noted that the release must be in writing, if the release in question is made verbally, it will be invalid. For this reason, the signature of the employee must also be included in this release.
In order for a release signed by an employee to be valid, the document must be signed at the end of the 1-month period following the termination of the employment contract. In other words, a release can be signed at least 1 month after the employee leaves the job. This period is a lower limit. However, the relevant law does not stipulate an upper limit. Accordingly, a release can be signed at any time after this 1-month period has passed.
The type and amount of the receivable subject to the release must be clearly and unambiguously included in the relevant document. Abstract and general statements should not be included in the release. Releases containing abstract and general expressions are deemed invalid. For this reason, each type of right should be added to the document item by item and amount by amount.
The type and amount of the receivable in question must have been paid to the employee through the bank and without any missing amount. This payment must be made to a bank account opened in the name of the employee.
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