FAALİYET ALANLARI

As a rule, the employee, who leaves his job voluntarily, is not subject to severance pay. In the event of exceptions listed in the law, the worker may be entitled to severance pay. One of these situations is when the worker terminates the employment contract due to military service.

The 14/3 provision of the Labor Law numbered 1475 regulates this situation. Accordingly, the worker will be entitled to severance pay if he / she terminates the contract based on the reason for military service and other conditions (such as working in that workplace for at least one year) have been met for severance pay. This situation constitutes a just cause for the worker.

While the worker terminates the employment contract due to military service, he must also give his employer a referral document from the relevant Military Department. This situation is important because it is the evidence of termination for good reason. Termination must be made in writing by the worker. The letter of referral must be attached to the letter of resignation. In the form of a notification, registered mail or return postal routes can be preferred or hand delivered to the relevant unit of the workplace. However, it is important to obtain an “acknowledgment” indicating that the termination has been accomplished by giving a hand document in order to ensure the proof of the final case. Because, in a possible dispute, the burden of proof will belong to the plaintiff worker and the above mentioned will be sufficient for proof.

No period of time is stipulated in the law for the notice of termination, but the time accepted in the decisions of the Supreme Court is reasonable. In other words, a notification should be made before a suitable time that does not complicate both parties. Therefore, even if there are no restrictions, the notice that will be made by considering that the employer will take a new worker to the vacated staff and not to be forced will be ethical.

If the worker is unemployed in the post-military period, he can apply for unemployment insurance. Finally, although paid military service is a military service in technical terms, it is known that severance pay will not be paid to workers who leave the workplace because of paid military service.