Can an Employee Who Resigns Receive Severance Pay?

1. Which two conditions must both be met?

This guide concerns severance pay under Article 14 of Law No. 1475 for employees covered by Labour Law No. 4857. Workers subject to different legislation, such as public officials, journalists and seafarers, require separate assessment.

The first requirement is at least one year of service with the same employer. The second is termination on a ground that qualifies for severance pay. Ten years’ service does not automatically turn an ordinary resignation into a qualifying departure.

Service at different workplaces of the same employer and workplace transfers matter. For interrupted employment, how the earlier period ended and whether payment was made must be examined; severance cannot be recovered twice for the same period. [1] [6]

2. Which reasons for leaving may qualify?

The comparison below assumes that the minimum one-year service requirement is met.

Basis: Article 14 of Law No. 1475, Article 24 of Law No. 4857 and Ministry guidance. [1] [2]

3. Justified termination: why does it differ from ordinary resignation?

Where an employee terminates for a legally recognised justified reason, the consequences differ from ordinary resignation. Article 24 of Law No. 4857 covers health grounds, conduct contrary to morality and good faith, and compelling reasons.

Unpaid or underpaid wages

Failure to calculate or pay due wages according to law or contract may justify termination. For overtime and other wage claims, it must be established whether an entitlement actually arose and remained unpaid. Bank records, payroll, schedules and correspondence are assessed together. Not every wage dispute automatically justifies termination. [7]

The 20-day waiting rule differs from the right to terminate. Article 34’s 20-day period concerns the right to refrain from work where the conditions are met. It is not a general waiting requirement for every justified termination based on unpaid wages under Article 24. [8]

Health, insults, harassment and compelling reasons

Health-based termination requires statutory conditions such as danger to health or life arising from the nature of the work. A medical report alone is not always sufficient. Serious insults or sexual harassment by the employer, or failure to take necessary measures after workplace harassment is reported, may also justify termination under the statutory conditions. Compelling reasons stopping work at the workplace for more than one week are separately regulated. [3]

4. Leaving for marriage, military service or retirement

Marriage

A female employee may terminate because of marriage within one year of the civil marriage date. State the reason clearly and supply the marriage certificate. This special provision does not apply to male employees. Leaving before marriage or relying solely on marriage after the one-year period is outside its scope.

Military service

Leaving for compulsory military service may qualify for severance. Keep call-up and service documents showing the reason for departure. A departure unconnected with military service cannot be brought within the rule merely by saying that service will take place later.

Retirement and conditions other than age

In addition to leaving for retirement, a disability pension or other statutory grounds, fulfilment of retirement conditions other than age is a special route. There is no universal “15 years and 3,600 days” rule. The first insurance date, contribution days and applicable legislation affect the outcome.

Before using this route, obtain an appropriate severance eligibility letter and information from SGK, then notify the employer of the reason with that document. Seeing a total number of contribution days on e-Devlet does not alone show that every condition is met. [1] [2]

5. Does signing a resignation letter remove all entitlement?

A signed letter matters, but is not conclusive in every case. Its wording, the true reason for leaving and signing circumstances are examined. A coerced resignation may conceal dismissal by the employer. Merely alleging pressure is insufficient, however; it must be proved.

Court of Cassation decisions require investigation of alleged defects in consent and actual circumstances of departure. A generic letter may be assessed differently from one giving a clear, specific reason. Disregarding an existing document and later inventing a different reason is not a safe approach. [9]

Keep copies of your letter, departure documents and relevant correspondence. Do not sign blank, undated or inaccurate documents. If already signed, review all existing records before preparing another document.

“I have received all my entitlements”

A release differs from a resignation letter. Article 420 of the TBK requires conditions including written form, at least one month after termination, clear identification of claim types and amounts, and full payment through a bank. Invalidity as a release does not disregard payments actually made. Mediation agreements require separate assessment and should not be treated as ordinary releases. [10]

6. Severance pay, notice pay and other employment claims differ

No severance entitlement does not mean losing every claim. Earned but unpaid wages, provable overtime and holiday pay, and accrued unused annual leave pay may be claimed separately. Annual leave pay arises on termination; resignation alone does not extinguish it. [3]

An employee who terminates, even for a justified reason, generally cannot claim notice pay from the employer. An employee who leaves an indefinite-term contract without a justified reason or proper notice may instead owe notice compensation to the employer. Statutory notice periods are 2, 4, 6 or 8 weeks according to service. [11]

Notice consequences of special terminations for marriage, compulsory military service or retirement require separate assessment; these should not be treated as ordinary resignations. Where the employer actually ended the contract, the assessment changes. [11]

7. How is severance pay calculated?

The basic calculation is 30 days’ gross remuneration including qualifying regular benefits for each completed year, with remaining periods added proportionately. Regular meal, transport and other monetary benefits are included where appropriate; net take-home salary alone is not used. The amount recognised per year is limited by the severance ceiling applicable at termination. [1]

8. What should you do before leaving?

1. Identify the reason. Ordinary resignation, justified termination or a special route such as marriage, military service or retirement? The notice must reflect the actual circumstances.
2. Gather documents. Contracts, employment and insurance records, payroll, bank transactions, hours, leave records and lawfully obtained correspondence matter.
3. Obtain ground-specific evidence. A marriage certificate, call-up document, SGK letter or medical document supports the reason for leaving.
4. Make notice clear and provable. State dates and specific facts; retain evidence of receipt by the employer. Notarial service is not always compulsory, but may help prove content and delivery.
5. Check calculations and documents. Request the employer’s payment breakdown. Do not sign a general “nothing is owed” declaration without seeing how severance, wages and leave claims are settled.

Stopping attendance while the justification is uncertain may create another dispute over absence and counterclaims. Assess grounds, timing and evidence together before sending notice.

9. Where should you apply if unpaid, and within what period?

Mandatory pre-action mediation applies before suing for severance or employment receivables. Apply to the mediation bureau at the other party’s residence or where the work was performed, or the designated court registry where no bureau exists. If no agreement is reached, proceedings may be brought in the labour court with the final mediation record. Identify each claim type clearly in the application. [4]

The current limitation period for severance is five years, calculated from termination. Transitional rules must be examined for contracts terminated before 25 October 2017. Limitation is suspended from the mediation application until the final record. Do not assume that sending a message or formal notice to the employer alone suspends limitation. [3] [4]

The period for exercising the right to terminate is different. For termination based on conduct contrary to morality and good faith, Article 26’s forfeiture periods—six working days from learning and generally one year from the event—matter. Continuing breaches require separate calculation. These must not be confused with the five-year limitation period for compensation. [2]

A reinstatement challenge against employer dismissal has different requirements and much shorter deadlines. The five-year period discussed here cannot be used for reinstatement applications.

10. A brief check for your situation

• Less than one year’s service: Severance generally does not arise under these provisions; wages and other earned claims require separate assessment.
• At least one year, but simply changing jobs: That reason alone does not create entitlement.
• A justified or special statutory ground: Verify the ground, evidence and timing before preparing notice.
• A resignation document already signed: Neither definite loss nor definite entitlement can be concluded without examining its wording and signing circumstances.
• An entitlement remains unpaid: Identify claim items and deadlines and apply for mediation.

Three points determine the outcome: length of service, the true reason for departure and supporting evidence. Merely writing “all rights reserved” does not create a severance entitlement absent from the law.