In Law No. 5953 notice periods are constructed in months and in two tiers, unlike the weekly bands of Law 4857. The period also depends on who is terminating.
The Periods
| Terminating party | Journalist's seniority | Written notice period | Article |
|---|---|---|---|
| Employer | Under 5 years | 1 month | Art. 6 |
| Employer | 5 years and above | 3 months | Art. 6 |
| Journalist | Seniority irrelevant | 1 month | Art. 7 |
The third row creates an asymmetry: the journalist may always terminate on at least one month's written notice, whatever their seniority. For the employer the period triples with seniority.
The Periods Are Minimums
Article 8 says so expressly: the notice periods above are minimums and may be increased by contract. It follows that they cannot be reduced by contract.
Immediate Termination with Payment in Lieu
Article 5 allows an alternative: immediate termination of the contract by paying in advance the wage compensation corresponding to the notice period is permitted. So a three-month notice period need not be worked out — three months' pay may be paid up front and the contract ended at once.
| Route | How it works |
|---|---|
| Serving the notice period | The journalist continues working through the period |
| Termination with payment in lieu | The wage corresponding to the notice period is paid in advance and the contract ends immediately |
The Last Day of the Notice Period
The same article also requires the pay for unused annual leave to be paid in advance. If leave has accrued at the point of termination, its value is paid up front.
Notice Seniority and Severance Seniority Are Not the Same
This is the most frequently confused point in Law 5953. The two calculations use two different measures of seniority:
| Calculation | Which seniority |
|---|---|
| Notice period | Seniority in the relationship being terminated — the five-year threshold is measured against this |
| Severance pay | From first entry into the profession — total service in the profession |
| Annual leave | Total service in the profession (Art. 21) |
Job Security Provisions Apply Too
The last paragraph of Article 6 provides that Articles 18, 19, 20, 21 and 29 of the Labour Law apply by analogy. Where the conditions are met, valid reason for dismissal, written notification and the right to sue come into play. This is covered in the job security article.
Is Termination Notified?
Yes. Under Article 9 the termination of the contract is notified by the terminating party within 15 days. This is covered in the notification article.
Bottom Line
The employer gives one month's written notice for a journalist with under five years' seniority and three months' notice at five years and above. The journalist may terminate on one month's notice regardless of seniority. The periods are minimums — they may be increased but not reduced. Immediate termination is possible by paying the corresponding wage in advance.