Is Every Employee Who Leaves Their Job Entitled to Severance Pay?

One of the most frequently asked questions in working life concerns severance pay. Employees who are considering leaving their jobs, or whose employment contracts have been terminated by their employers, often wonder whether they are entitled to severance pay.

However, it is not possible to say that every employee who leaves a job is entitled to severance pay. Certain conditions set out by law must be met to qualify.

How Long Must an Employee Work to Qualify for Severance Pay?

One of the basic requirements for severance pay is that the employee must have worked for the same employer for at least one year.

As a rule, no entitlement to severance pay arises if the employment contract ends before the employee completes one year of service.

The key factor is the employee’s length of service with the same employer. A change in duties or position at the workplace does not, by itself, reset the period of service.

In Which Situations Can an Employee Receive Severance Pay?

Meeting the one-year service requirement alone is not sufficient. The circumstances in which the employment contract ends are also important.

The main situations in which an employee may be entitled to severance pay include:

• The employer terminates the employment contract for reasons other than just cause, such as the employee’s conduct in violation of the rules of morality and good faith.
• The employee terminates the contract for just cause due to health reasons or the employer’s conduct in violation of the rules of morality and good faith.
• The employee leaves the job to perform compulsory military service.
• The employee leaves after meeting the conditions for retirement.
• A female employee resigns within one year of her marriage.
• The employee dies.

In these circumstances, the employee may be entitled to severance pay, provided that the other legal requirements are also met.

Can an Employee Who Resigns Receive Severance Pay?

One common misconception is that employees who leave their jobs voluntarily can never receive severance pay.

This is not correct.

An employee may be entitled to severance pay even if they terminate the employment contract themselves, where the employer fails to pay wages, breaches working conditions, or there are other just-cause grounds specified by law.

Therefore, submitting a resignation letter does not automatically mean that the employee loses the right to severance pay in every case.

How Is Severance Pay Calculated?

Severance pay is calculated based on 30 days of gross pay, including benefits, for each full year of service. Any period exceeding a full year is also included in the calculation.

The calculation may take into account not only the employee’s base salary but also certain regular benefits that can be measured in monetary terms.

The statutory cap on severance pay must also be taken into account.

Conclusion

Severance pay is one of the most important employment rights. Eligibility depends on the length of service, the circumstances in which the employment contract ends, and other conditions set out by law.

Employees who are considering leaving their jobs, or whose employment contracts have been terminated, should assess their legal position before the termination process to avoid losing any entitlements.

Attorney Berk TOPALOĞLU
info@berktopaloglu.av.tr
https://www.berktopaloglu.av.tr