What You Need to Know About Severance Pay in 30 Questions
1- What are the conditions for the payment of severance pay?
According to Article 14 of Law No. 1475, severance pay is paid to employees under certain conditions. According to this;
Having a working period of at least 1 year with the same employer and the employment contract; 1- For reasons other than goodwill and non-compliance by the employer, 2- For reasons such as health, goodwill and morality by the worker, or for reasons such as interruption of work at the workplace, 3- Due to military service, Due to the insurance period and the completion of the premium day, 5- Due to the marriage of the female worker, 6- In case of termination due to the death of the worker, the severance pay required by the working period is paid.
2- Can an employee who leaves the job voluntarily receive severance pay?
As a rule, the employee who leaves the job voluntarily (resignation) cannot receive severance pay. However; In case the employment contract is terminated (resigned) by the employee due to military service, obtaining the right to retirement, documenting that health problems are a permanent obstacle to the performance of the job, the employer’s behavior contrary to goodwill and morals, seniority provided that the working period is at least 1 year. compensation may be obtained.
3- What are the conditions for a woman who quit her job due to marriage to receive severance pay?
According to the legal regulation; In case of female workers leaving the job due to marriage, severance pay required by the working period is paid. In order to benefit from this right; The employment contract must be terminated in writing within 1 year from the date of marriage, the document showing the marriage must be submitted to the employer, and it must be clearly stated that the reason for the termination is marriage.
4- How is the right to severance pay calculated?
In case of termination of any employment contract for a reason that requires severance pay, severance pay in the amount of 30 days’ gross wage is paid for each full year worked. It will be included in the calculation by proportioning in periods increasing from one year. During the calculation of severance pay, in addition to the wage paid to the worker, the gross amounts of all money and benefits that can be measured in money (road allowance, meal allowance, regularity, bonus payments, etc.) are taken into account. The amount of severance pay paid for each full working year is limited to the severance pay ceiling valid at the date of termination.
5- If the workplace is sold, can the worker request the payment of severance pay?
In the event that any workplace is partially or completely transferred, those working in that workplace will continue to work under the same conditions. The transfer of the workplace will not cause any loss in the legal rights of the employees, and the employees will not be required to pay severance pay due to the transfer of the workplace. When it is necessary to determine both the severance pay and annual paid leave rights, the total working time before and after the transfer shall be taken into consideration.
6- If the workplace is moved or the working conditions are changed, can the employee leave the job by receiving severance pay?
Employer-employee relations are regulated in employment contracts within the framework of the principles determined by law. In this context; The nature of the job, job descriptions, working hours and conditions, wages to be paid to the worker and other principles are regulated in the employment contracts. The employer who wishes to make changes in the provisions of the employment contract, workplace practices or working conditions is obliged to notify the situation in writing and to obtain the employee’s approval. Changes not accepted by the worker within 6 days do not bind the worker. In case of termination of the employment contract for this reason, obligations regarding severance pay and notice periods will be adhered to.
7- Can an employee whose wages are not increased can leave the job by receiving severance pay?
No framework has been determined regarding the periods or rates at which wages will be increased. The legal regulation on wage practices is limited to the fact that workers cannot be employed with wages below the minimum wage. Beyond that, the principles regarding wage practices can be determined in employment contracts. In the absence of a binding provision in the employment contract, the initiative regarding implementation belongs to the employer. Although there is no provision in the employment contract, the worker who leaves the job due to the disagreement in the wage increases will be deemed to have resigned, and there will be no right to compensation.
8- Is the employee who quits due to pregnancy or childbirth entitled to severance pay?
The worker who leaves the job voluntarily (resignation) is not entitled to any compensation. In terms of legal regulation, dismissals based on pregnancy or childbirth are considered as resignation, and workers who leave the job for these reasons are deemed to have waived their compensation rights.
9- After how many years does a private sector employee have the right to severance pay as a result of resignation?
In accordance with the regulations regarding severance pay, the employee who terminates the employment contract voluntarily (resignation) does not have any right to compensation. The fact that the working period exceeds a certain period does not change the general practice in this regard. On the other hand; The employee who wants to terminate the employment contract (resignation) is obliged to notify the employer of the termination in writing and in accordance with the notification period applied for periods ranging from 2 to 8 weeks, depending on the working period.
10- I have been working as an apprentice for 1.5 years at the workplace. The employer does not want me, can I get severance pay?
You can’t. You must be a worker subject to the Labor Law.
11- My employment contract has been terminated by the employer on the grounds of 25/II of the Labor Law No. 4857 (Conditions that do not comply with the Code of Ethics and Goodwill and the like), will I be entitled to severance pay?
You are not entitled to severance pay. Because, in the 14th article of the abolished Labor Law numbered 1475, it is stated that if the employer is terminated by the employer other than the reasons indicated in the article 17 (4857/25) clause of this Law, severance pay will be paid to the person.
12- I am leaving my job due to invalidity pension, will I be entitled to severance pay?
You are entitled. Because, according to the 14th article of the Labor Law No. 1475, leaving the job in order to receive invalidity pension is one of the cases where the right to severance pay.
13- I leave the job voluntarily after completing the insurance period outside the age and the number of premium payment days in order to receive the old-age pension stipulated in the Law No. 5510, am I entitled to severance pay?
You are entitled. Because, in the 14th article of the Labor Law No. 1475, it is stated that severance pay will be paid to those who voluntarily quit their job after completing the insurance period outside the age and the number of premium payment days in order to receive an old-age pension.
14- I got married one year (1) two (2) months ago, can I get severance pay if I quit my job?
You can’t. Because, in Article 14 of the Labor Law No. 1475, it is stated that the female worker will be entitled to severance pay if she voluntarily terminates it within one year from the date of her marriage.
15- I got married 10 months ago, I have to quit my job, can I get severance pay if I leave?
You can take. Article 14 of the Labor Law No. 1475 states that a female worker will be entitled to severance pay if she voluntarily terminates it within one year from the date of her marriage.
16- My severance pay was paid in the public institution where I worked before, then I started to work in another public institution, what is the duration of my severance pay?
You are entitled to severance pay over your service in the second public institution, regardless of the previous period.
17- 10.000 TL. I receive a net salary, how much is my severance pay basis?
While calculating your severance pay, T.C. Since it is stated that the maximum retirement bonus to be paid for a year of service according to the provisions of the Pension Fund Law, the maximum amount of severance pay for the term will be taken into account.
18- Is there a statute of limitations for severance pay?
Severance pay is subject to a 10-year statute of limitations in accordance with Article 125 of the Code of Obligations No. 818.
19- Is there any deduction from my severance pay?
Only stamp duty is deducted, no other deductions are made.
Social assistance shoes or their cost
Towel and soap aid (if it will be used in the workplace, it will not be taken into account in the compensation calculation)
Qualified Qualification raise
Financial liability compensation
21- Which payments are not included in the salary while calculating the severance pay?
Annual leave fee
Weekly vacation pay
General holiday pay
Incentive bonuses and bonuses, jubilee bonus
job search assistance
Work clothes and protective material costs
22- I worked as a professional football player in a sports club for 2 years. How much severance pay can I receive according to the Labor Law?
Athletes are not subject to the Labor Law No. 4857. According to the provisions of the Labor Law, you cannot claim severance pay.
23- My workplace was transferred. Can I claim my severance pay?
No. When all or a part of the workplace is transferred to another employer based on a legal transaction, the existing employment contracts with all their rights and debts pass to the transferee. Therefore, you cannot terminate your service contract and demand severance pay on the grounds of the transfer.
24- According to the Law No. 4857, how many years must the worker work in the workplace in order to be entitled to severance pay?
25- Do domestic workers have the right to notice and severance pay?
Since these works are among the exceptions according to Article 4 of the Labor Law, these employees do not have the right to notice and severance pay.
26- How is the seniority of a worker who works part-time and part-time working part time calculated?
The seniority is calculated by converting the part-time work of the worker to full-time. This period is not taken into account in calculating the severance pay, not entitlement to severance pay.
27- If the worker falls ill with a disease caused by the workplace while working at the workplace, can he terminate the employment contract and receive severance pay?
If the performance of the work, which is the subject of the employment contract, is dangerous for the health or life of the worker for a reason arising from the nature of the work, the worker may terminate the employment contract with just cause and be entitled to severance pay.
28- How long does it take for journalists to be entitled to severance pay?
Journalists who have worked in the profession for at least five years are entitled to seniority. Seniority is calculated from the date of the journalist’s first entry into the profession.
29- Are studies collected in different newspapers for the duration of seniority?
Seniority is calculated from the date of the journalist’s first entry into the profession.
30- Is severance pay paid to the journalist in installments?
If the employer cannot pay the compensation of the journalist at once due to financial impossibility, the payment is made in maximum four installments and the duration of all these installments cannot exceed one year. However, this division can be made upon the decision of the finance branch that accrues the financial tax of that workplace, that the institution is making a loss.