TOĞAN LAW OFFICE
STAFF WORKERS
In Which Conditions Can Resigned Workers Receive Severance Pay?
As a rule, workers who resign cannot benefit from severance pay. However, if the worker has one of the justified reasons in the Labor Law, it is regulated that he can receive severance pay even if he leaves the workplace at his own request. These situations in which the worker can receive severance pay are counted in a mandatory and non-expandable manner in 14 articles of the Labor Law No. 1475.
Termination of the worker’s employment by the employer without a justified reason (states listed in Article 25 of the Labor Law No. 4857),
The worker terminates the employment contract by basing it on one of the cases listed in Article 24 of the Labor Law No. 4857,
Leaving the female worker at her own request no later than one year after marriage,
The employee leaves his job due to active military service,
It is the realization of the situation regulated by the 14/5 provision of the Labor Law number 1475, which is also known as the condition of aging, retirement or invalidity pension or wholesale payment from the institutions or chests established by the law to which they are affiliated or as a condition of 15 years and 3600 days.
Finally, in the Supreme Court’s decisions, if the worker resigned as a result of pressure and can prove it, he is entitled to severance pay. For the Supreme Court advocating that no one would prefer to give up on receivables accumulated for years according to the usual flow of life, in such a case, it accepts that there is a termination by the employer, not resignation.
In practice, the most common occurrence in cases where the worker is entitled to severance pay is the situation where the wages of the worker are not properly calculated or paid. The concept of wage receivables mentioned here should be considered broadly. In other words, if the salary of the worker is paid low or not at all, the premiums, fuel aid, clothing aid, overtime wages, general vacation receivables are not calculated properly and paid to the worker, or if the annual leaves are not properly used. Apart from this, the worker has the right to exit for good reason even if the social security premiums of the worker are not paid from the real wage or if the insurance has never occurred or was realized late.