Severely important disputes between employers and employees often concern severance pay. Under Law No. 1475, the situations in which an employee is entitled to severance pay are clearly defined. Therefore, the severance entitlement of a female employee who marries also falls under the provisions of this law.
Does Contract Duration Affect Severance Pay?
Severance pay is one of the primary causes of disagreement between employees and employers. Under Law No. 1475, when an employment contract is terminated in specific cases covered by the law, an employee who has worked for at least one year, or in the event of the employee’s death the employee’s heirs, must be paid severance by the employer.
Severance pay can be due to employees working under either fixed-term or indefinite-term contracts. Severance pay is not the same as notice pay, and whether the employment contract is for a fixed or indefinite period does not change the entitlement in itself. However, to be eligible for severance pay, the termination must meet the conditions specified in Article 14 of Law No. 1475.
Does a Female Employee Receive Severance Pay When She Marries?
Article 14 of Law No. 1475 contains provisions governing the severance rights of female employees who marry. According to the law, a woman who terminates her employment contract with her own consent within one year from the date of her marriage is entitled to severance pay. This right was introduced in 1983 by Law No. 2869 and has since been applied within the scope of the Labor Law. Employees covered by the Maritime Labor Law and the Press Labor Law are excluded from this entitlement.
When an employee terminates the contract for reasons such as marriage, retirement, disability, military service, or to receive a lump-sum payment, the termination must be carried out in accordance with the notice periods. Female employees who resign within one year of their marriage, observing required notice periods, are entitled to severance pay, provided other legal conditions are met.
Conditions That Grant the Right to Severance Pay
For a female employee to claim severance pay after marrying, by resigning within one year, certain conditions must be met. The first requirement is that the employment contract must be in effect when the employee marries. If the employee married after leaving work or after the contract ended in a way that does not give the right to severance, she is not entitled to severance pay. Therefore, it is important that the employment contract is ongoing at the time of marriage.
The second condition is that while the employment contract is still in force, the woman must notify the employer of her marriage and request severance pay within one year from the date of marriage. If she fails to both terminate the contract and request severance within one year from the marriage date, the right to severance expires. A final condition is that the employee must have worked continuously for at least one year at the workplace where she will claim severance.
If these conditions are met, the employer is obliged to pay severance. Refusal by the employer to pay severance in such cases is not permitted by law. Female employees should be aware of certain restrictions: attempts to manipulate the rule—for example, divorcing and remarrying the same person solely to claim severance—are treated as abuse of the right and will result in refusal of payment. In such cases, employers may also initiate legal actions against the employee for misuse of trust or other claims.
Male employees do not gain severance rights simply by marrying. The right to claim severance due to marriage is exclusively granted to women, and it does not require the marriage to be the first marriage.