People who become unemployed during the period when dismissals are prohibited face difficulties claiming unemployment benefits. If an employer terminates an employment contract for a justified reason, the dismissed worker cannot receive unemployment benefits. Those who were already receiving unemployment benefits and then lose their job during this period can, however, claim the remaining months of their entitlement. This also applies in many cases to people returning from military service.
Those Who Become Unemployed During the Dismissal Ban
Because of the coronavirus pandemic, a ban on dismissals has been in effect since April 17, 2020. The most recent amendment extends that ban until November 17, and it may be further prolonged until the end of June next year if needed. Within the scope of the ban, employers cannot terminate an employment contract except for reasons already foreseen by the Labor Law—such as serious breaches of morality and good faith under Article 25—or when a fixed-term contract naturally expires, a workplace closes, or outsourced or contracted work comes to an end.
Nevertheless, workers whose employment contracts are terminated during this period can apply for unemployment benefits only if their contract ended because the employment period expired, the workplace closed, or a contracted job finished. Even if employees resign for justified reasons, employers may record exit codes in a way that avoids paying severance pay; as a result, those workers are often excluded from unemployment benefit eligibility. If the worker proves in court that their dismissal was wrongful, they can recover unpaid wages retroactively.
Unemployment Benefit Entitlement Continues
The situation differs for people who were already receiving unemployment benefits and had not exhausted their entitlement before starting a new job. Those individuals can use the remaining portion of their entitlement regardless of the reason for separation during the pandemic period.
For example, a person who originally qualified for 10 months of unemployment benefits and received 3 months of payments, then started a new job and later left or was dismissed, may claim the remaining 7 months of benefits from their prior entitlement. That benefit is calculated at 40% of the wage from the previous job.
On the other hand, if someone had a 10-month entitlement from a previous job but received only 1 month of benefit before starting a new job, and then becomes unemployed after completing 600 days of insured service at the last job (thereby qualifying for a new entitlement), they would in practice be eligible to receive only a 6-month unemployment benefit based on the most recent employment.
Unemployment Benefits After Military Service
It is possible to receive unemployment benefits after returning from military service. Those who left a job to perform military service may find it difficult to secure work upon return. If they cannot find a job after discharge, they may apply for unemployment benefits provided they have at least 600 days of premium contributions within the last three years and had an employment contract covering the 120 days immediately before military service. For this application, it is sufficient that the employer registers the reason for termination as military service. Therefore, anyone leaving work because of conscription should make sure their employer records this reason correctly.
For both dismissed workers and those returning from military service who cannot find work, the 30-day application window is crucial. An application must be submitted to İŞKUR within 30 days. For dismissed employees, the 30-day period begins on the date the employment contract ended; for those returning from the military, it begins on the discharge date. While late applications can still be submitted after 30 days, each day of delay reduces the unemployment benefit entitlement. For example, if someone applies 20 days after the 30-day deadline, they may receive benefits for only 10 days instead of the full amount; therefore, observing the application deadline is important.