Can an employee who resigns claim severance pay?

Not where the resignation is without just cause. However, in cases such as non-payment of wages or under-declaration of social security premiums, the employee may terminate with immediate effect for just cause (Art. 24) and becomes entitled to severance pay. Establishing the just cause in writing is therefore important.

How many employees are needed for a reinstatement claim?

The workplace must employ thirty or more employees, the employee must have at least six months’ service and the contract must be of indefinite duration (Art. 18). Employees at the employer’s other workplaces in the same branch of activity count towards the thirty.

How is overtime proved?

Through workplace records, payslips, entry and exit logs and witness evidence. Where a signed payslip shows an overtime accrual, the contrary must be proved by written evidence. Electronic correspondence and digital records also carry evidentiary value and should be preserved.

Individual and Collective Employment Law

Representation of employers and employees in reinstatement, wage claims, occupational accident and collective bargaining matters.

Employment law is one of the areas with the shortest and strictest deadlines in Turkish practice. The right most often lost is not the one that was unfounded, but the one not exercised in time.

What it covers

Reinstatement claims, severance and notice pay, overtime and annual leave entitlements, compensation arising from occupational accidents and diseases, workplace harassment allegations, non-compete undertakings and collective bargaining. We act for employers and employees alike.

Critical deadlines

An employee covered by job security must apply to a mediator within thirty working days of notification of termination. The period is counted in working days; weekends and public holidays do not count. If no settlement is reached, proceedings must be commenced within two weeks of the final mediation record.

Employment receivables are subject to a five-year limitation period running from termination. Limitation is not applied by the court of its own motion; it must be raised by the defendant.

The most common employer error

Failing to state the reason for termination clearly and in writing. Article 19 of Labour Law No. 4857 requires termination to be made in writing with the reason expressly stated. Changing the reason afterwards, or relying on general wording, can render even a valid termination invalid.

Our approach

On the employer side the priority is correct documentation and the taking of the employee’s written defence before termination. On the employee side, assessing whether just cause exists before resigning is critical: a letter containing the word “resignation” is difficult to withdraw later.

Learn More

Reinstatement claims
Severance and notice pay
Occupational accidents and diseases
Collective bargaining agreements

Frequently Asked Questions

Can an employee who resigns claim severance pay?: Not where the resignation is without just cause. However, in cases such as non-payment of wages or under-declaration of social security premiums, the employee may terminate with immediate effect for just cause (Art. 24) and becomes entitled to severance pay. Establishing the just cause in writing is therefore important.
How many employees are needed for a reinstatement claim?: The workplace must employ thirty or more employees, the employee must have at least six months’ service and the contract must be of indefinite duration (Art. 18). Employees at the employer’s other workplaces in the same branch of activity count towards the thirty.
How is overtime proved?: Through workplace records, payslips, entry and exit logs and witness evidence. Where a signed payslip shows an overtime accrual, the contrary must be proved by written evidence. Electronic correspondence and digital records also carry evidentiary value and should be preserved.

The information on this page is for general information only and does not constitute legal advice. Legislation and case law change; your situation must be assessed on its own facts.