Women who resign within one year after marriage may be entitled to severance pay. However, if it is later determined that a woman divorced her spouse fraudulently to obtain severance and then remarried, the paid amount can be reclaimed with legal interest.
Protected by the Constitution
As discussions and work continue regarding converting severance pay into a fund, employees have questions about their current entitlements. One common question is whether those already entitled to severance should use it before a fund is implemented. Even after a fund is established, there will be a transition period for current employees; acquired rights will be protected and switching to the new system will be optional.
There is an important right for female employees regarding severance pay. Under the relevant regulation, a woman who resigns within one year after marriage can qualify for severance pay. There is no limit on how this right may be used: if a woman marries three times and resigns each time within a year of marriage, she could be eligible to receive severance pay three times. A woman who claims this right is not required to be divorced in order to return to work later. If a female employee receives a better job offer within a year of marriage, she may start working at the new workplace for higher pay. Employers sometimes investigate whether women who leave and later return to work have abused this right, and many bring cases against employees on this basis.
Returning to Work
Court cases concerning severance claims after divorce are examined in detail by the Court of Cassation. Employers frequently take such claims to court, suspecting bad faith. The Court of Cassation may rule that a woman could reasonably be expected to manage both marriage and work and therefore return to employment. But if the court finds the right was abused, the woman must reimburse the severance she received with legal interest.
The crucial point for women is the one-year period measured from the official marriage date, not the wedding celebration. If the official marriage (civil ceremony) occurred well before the wedding reception, the relevant date is the civil marriage. Teachers and public servants sometimes register their marriage officially first and hold the wedding later for assignment reasons; in such cases the civil marriage date is decisive.
Employer Oversight
If it is found that a woman obtained severance by divorcing her spouse fraudulently and then remarried, court decisions can be revised. Courts may determine that the behavior amounting to deception misled the judiciary and conclude that the employee divorced to receive severance and subsequently remarried. Employers who paid the severance should monitor these situations. If an employer’s investigation shows a fraudulent divorce aimed at securing severance, the employee may be required to repay the compensation and may not be allowed to return to her previous job. Both female employees and employers should be aware of these consequences and take appropriate care.