Can an Employee Who Resigns Receive Severance Pay? Conditions, Exceptions, and Supreme Court Criteria

In labor law, the general consensus is that an employee loses their right to severance pay if they leave their job voluntarily (resign). However Article 14 of the Labor Law No. 1475defines very critical "special circumstances" that break this general rule. In our legal system, even if the termination is called "resignation," the reason for determines the fate of the severance pay.

Here are the legal procedures and all the technical details that employees who resign are eligible for severance pay.

1. The Essential Requirement for Severance Pay: The 1-Year Seniority Condition

Regardless of the reason, an employee must have worked at least one full year to severance pay. This period is calculated from the date the employment contract actually began until the date the termination takes effect. Resignations made less than one day before the completion of the one-year period generally do not entitle the employee to severance pay.

2. Termination for Just Cause (Labor Law Article 24/II): “Resignation with Compensation”

If an employee leaves their job due to their employer's conduct that violates the law, morality, or good faith principles, this is technically not a "resignation" but a **"Termination for Just Cause"**. In this case, the employee is not required to wait for the notice period and can claim severance pay.

The Most Common Justifiable Grounds for Termination in Light of Supreme Court Decisions:

• Insufficient or Late Payment of Wages: Paying part of the salary in cash, failure to pay insurance premiums based on actual salary, or consistently delayed payments are the strongest grounds for justified termination.

• Overtime and Holiday Pay: Failure to pay or reflect on the payroll overtime work performed by the employee.

• Mobbing (Psychological Harassment): The systematic exclusion, humiliation, or forcing an employee to undertake tasks far below or above their capabilities.

• Understating Social Security Contributions: If an employee's social security contributions are based on the minimum wage rather than their actual salary, according to established Supreme Court precedents, this entitles the employee to immediate termination and compensation.

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3. Resignation Due to Retirement (Completion of Non-Age Requirements)

Workers who have not yet reached the required "age" for retirement but have fulfilled the "insurance period" and "number of premium days" requirements can leave their jobs voluntarily and receive severance pay.

• Insured individuals before September 8, 1999: Those who have completed 15 years of insurance and 3600 premium days (15 years, 3600 days rule).

• Insured individuals between September 9, 1999 and April 30, 2008: 25 years of insurance and 4500 premium days, or just 7000 premium days.

• Important Requirement: Before submitting your resignation letter, you must obtain a document from the Social Security Institution (SGK) stating that you are eligible for severance pay , and this document must be delivered to your employer.

4. Female Employee's Resignation Due to Marriage

Law No. 4857 grants female employees a special right to protect family unity.

• Timeframe: The employment contract must be terminated within one year of the marriage date .

• Procedure: A copy of the marriage certificate must be attached to the application.

• Note: The Supreme Court does not consider it "abuse of rights" (within the limits of the principle of good faith) for a woman who receives severance pay due to marriage and then takes another job shortly afterward.

5. Resignation Due to Compulsory Military Service

Male employees are entitled to severance pay when they leave their jobs to fulfill their military service obligations.

• Documentation: The military service certificate (sülüs) must be presented to the employer.

• Paid Military Service: Those opting for paid military service can also benefit from this right for the 21-day basic training period.

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6. Substantial Change in Working Conditions (Article 22 of the Labor Law)

If an employer makes a substantial change to an employee's working conditions without their consent (for example, moving the office to another city, changing the shift system, or reducing the job description), the employee within 6 working days and receive compensation.

7. Technical Detail: How is Severance Pay Calculated?

Severance pay is calculated based on the employee's last "Gross Salary including benefits" .

• What is Gross Salary (including benefits)? It is the sum of all recurring payments in addition to the base salary, such as transportation allowance, meal allowance, bonuses, and fuel allowance.

• Ceiling for Severance Pay: There is an upper limit to severance pay. Regardless of how high an employee's salary is, it cannot exceed the "Severance Pay Ceiling" announced annually by the government.

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8. Legal Strategy: How to Write a Resignation Letter?

The biggest mistake during the resignation process is simply handing over a piece of paper that says "I am resigning." This can lead to the loss of all rights.

1. State your reason: It must include a phrase such as, "Due to irregular salary payments..." or "Due to marriage...".

2. Notary Public: Especially in cases of termination for just cause, sending the notice through a notary public can be a lifesaver in the litigation process, as it formalizes the date and content of the termination notice.

3. The Release Form Trap: Before signing any documents (release forms) stating "I have no remaining claims" when resigning, you should definitely consult a lawyer.

Conclusion

It is not impossible for an employee who resigns to receive compensation; however, this process is like a "legal game of chess." One wrong move (a poorly written resignation letter or a missed deadline) can wipe out years of hard work in an instant. If you have valid reasons, it is in your best interest to seek technical support from an expert employment lawyer before resigning.