One of the most common questions employees in Turkey ask before leaving their job is whether they will receive severance pay (k\u0131dem tazminat\u0131) if they resign. As a rule, an employee who resigns without a just cause is not entitled to severance pay. However, where wages are not paid, overtime is not compensated, social security premiums are under-reported or the employee is subjected to mobbing, the employee can terminate the employment contract for just cause<\/strong>, and in that case severance pay becomes payable. This article by Yetkiner Law Firm explains the difference between resignation and termination for just cause, the situations in which severance pay can be claimed, the time limits and the points to consider.<\/p>\n\n\n\n Legally, resignation means the employee ending the employment contract without stating any just cause. In this case, the employee must comply with the notice periods in Article 17 of the Labour Law; otherwise, the employee may have to pay notice compensation to the employer.<\/p>\n\n\n\n In termination for just cause, the employee ends the contract with immediate effect<\/strong> on the basis of a reason arising from the employer or listed in the law. The employee does not need to observe the notice period and, if the length of service requirement is met, is entitled to severance pay. Since the word \u201cresignation\u201d is used for both situations in practice, it is very important to state clearly which reason is relied on when leaving the job.<\/p>\n\n\n\n Article 24 of the Labour Law sets out the situations in which the employee can terminate the contract without waiting for its term, in three groups.<\/p>\n\n\n\n The employee may terminate the contract if the employee\u2019s health or life is endangered for a reason arising from the nature of the work, or if the employer or a co-worker has a contagious disease or a disease incompatible with the employee\u2019s work.<\/p>\n\n\n\n The most frequently relied on just causes in practice fall into this group:<\/p>\n\n\n\n The employee may also terminate the contract for just cause if force majeure requiring the work to stop for more than one week arises at the workplace.<\/p>\n\n\n\n In addition to termination for just cause, the law grants severance pay in some cases where the employee leaves voluntarily:<\/p>\n\n\n\n In all these cases, the employee must have worked for the same employer for at least one year<\/strong>. For how severance pay is calculated, see Severance Pay in Turkey<\/a>.<\/p>\n\n\n\n Under Article 26 of the Labour Law, the right to terminate based on conduct contrary to morality and good faith must be exercised within six working days<\/strong> of the employee learning of the conduct, and in any case within one year<\/strong> of the act. However, in the case law of the Court of Cassation, for continuing breaches such as unpaid wages, this period is considered not to run as long as the breach continues.<\/p>\n\n\n\n An employee whose wage is not paid within twenty days of the payment date, except for force majeure, may also refuse to work (Labour Law, Article 34). This gives the employee an option other than termination.<\/p>\n\n\n\n Notice pay is compensation paid by the party that terminates an indefinite-term employment contract without observing the notice period. When the employee terminates the contract, no notice pay is paid to the employee, even if the termination is based on just cause. Since an employee terminating for just cause does not need to observe the notice period, the employee does not pay notice compensation to the employer either. If the employee resigns without just cause and without observing the notice period, the employee may have to pay notice compensation to the employer.<\/p>\n\n\n\n If severance pay is not paid after termination for just cause, applying to mediation is mandatory<\/strong> before filing a lawsuit for employee claims. If no agreement is reached in mediation, a lawsuit can be filed before the labour court. Severance pay claims are subject to a five-year<\/strong> limitation period from the end of the employment contract. The employee bears the burden of proving the just cause.<\/p>\n\n\n\n For employees dismissed unfairly by the employer, the option of a reinstatement lawsuit<\/a> should also be considered.<\/p>\n\n\n\n An employee who resigns without a just cause cannot receive unemployment benefit. An employee who terminates the contract on the just causes listed in Article 24 of the Labour Law can receive unemployment benefit if the other conditions are also met.<\/p>\n\n\n\n Regular and continuous late payment of wages may be considered a just cause for termination in the case law of the Court of Cassation. However, one-off and short delays are assessed according to the circumstances of each case.<\/p>\n\n\n\n Yes. Non-payment of overtime gives the employee the right to terminate the contract for just cause. In this case, an employee with at least one year of service can claim severance pay. Timesheets, entry and exit records and witness statements are important for proving overtime.<\/p>\n\n\n\n Yes. According to the case law of the Court of Cassation, under-reporting the employee\u2019s actual wage to the Social Security Institution is a just cause for termination. Bank records, witness statements and comparable wage research are used to prove the actual wage.<\/p>\n\n\n\n Yes. Foreign employees working in Turkey under the Labour Law have the same rights regarding termination for just cause and severance pay as Turkish employees, provided the conditions are met. Since the work permit is generally tied to the employer, foreign employees should also consider the effect of leaving the job on their work and residence permits.<\/p>\n\n\n\n Yetkiner Law Firm provides legal support in \u0130zmir in English, French and Turkish to employees and employers in termination for just cause, severance and notice pay, reinstatement and other employment law matters. The firm can be reached through the channels on the contact<\/a> page.<\/p>\n\n\n\n
\n\n\n\nIn Brief: Resignation and Severance Pay in Turkey<\/h2>\n\n\n\n
\n\n
\n\n\n\nResignation vs Termination for Just Cause<\/h2>\n\n\n\n
\n\n\n\nJust Causes for Termination by the Employee (Labour Law, Article 24)<\/h2>\n\n\n\n
Health Reasons<\/h3>\n\n\n\n
Conduct Contrary to Morality and Good Faith<\/h3>\n\n\n\n
\n\n
Force Majeure<\/h3>\n\n\n\n
\n\n\n\nOther Situations Giving the Right to Severance Pay<\/h2>\n\n\n\n
\n\n
\n\n\n\nTime Limits for Termination for Just Cause<\/h2>\n\n\n\n
\n\n\n\nPoints to Consider When Leaving the Job<\/h2>\n\n\n\n
\n\n
\n\n\n\nCan the Employee Claim Notice Pay?<\/h2>\n\n\n\n
\n\n\n\nWhat If Severance Pay Is Not Paid?<\/h2>\n\n\n\n
\n\n\n\nFrequently Asked Questions<\/h2>\n\n\n\n
Can an employee who resigns receive unemployment benefit in Turkey?<\/h3>\n\n\n\n
My salary is paid a few days late every month. Can I terminate for just cause?<\/h3>\n\n\n\n
My overtime is not paid. Can I receive severance pay?<\/h3>\n\n\n\n
My social security is reported on the minimum wage, but I earn more. Is this a just cause?<\/h3>\n\n\n\n
Do the same rules apply to foreign employees working in Turkey?<\/h3>\n\n\n\n
\n\n\n\n