Unemployed benefits for a worker who resigns are generally not available. Unemployment benefit is intended to support workers whose employment contract has been terminated by the employer until they find a new job. A worker who leaves voluntarily is typically not eligible for unemployment benefit.
To be eligible for unemployment benefit:
- The employment contract must have been terminated by the employer. The worker must have been dismissed by the employer.
- Unemployment insurance contributions must have been paid during the last 120 days before dismissal.
- At least 600 days of unemployment insurance contributions must have been paid within the last three years.
- An application must be submitted to İŞKUR within 30 days after termination of the contract. Otherwise, the right to unemployment benefit will be lost.
Who Can Receive Unemployment Benefit?
Receiving unemployment benefit also depends on the reason for dismissal. Dismissal due to disciplinary misconduct or immoral behavior can disqualify the worker. If a worker is dismissed for justified reasons, this may preserve the right to benefit. Similarly, a worker who resigns may still be eligible for unemployment benefit if the resignation is for a legally justified reason.
Eligibility primarily requires that contribution days have been paid. People who receive unemployment benefit can also benefit from certain insurance contribution incentives. Unemployment benefit ends once the person finds new employment.
Can Resigned Workers Receive Unemployment Benefit?
Resigned workers are generally not legally entitled to unemployment benefit. However, workers who resign for justified reasons can pursue their legal rights. Under labor law, workers who successfully claim a justified termination may be eligible for unemployment benefit.
Examples of justified terminations include:
- Being exploited
- Not receiving earned wages and payments
- Workplace mobbing
- Being forced to resign
- Encountering behavior inconsistent with workplace ethics
- Not being granted entitled leave
- Concealing or underreporting wages
- Being pressured to resign
In such cases the worker can apply for unemployment benefit as part of asserting legal rights.
What Are the Conditions to Receive Unemployment Benefit?
Conditions for unemployment benefit require, first and foremost, that the worker was dismissed by the employer. However, if the worker resigned due to mobbing or other justified reasons, they can pursue benefit payments through legal channels.
Accordingly, the conditions are:
- At least 600 days of contributions paid within the last three years.
- Being subject to an employment contract and having contributions paid during the last 120 days before leaving the job.
- Employees with 600 days of contributions in the last three years are entitled to 6 months of benefit.
- Those with 900 days of contributions are entitled to 8 months of benefit.
Unemployment Benefit When Termination Is Justified
When a contract is terminated for justified reasons, and the worker is found justified by a court, the worker may become eligible for unemployment benefit. If working conditions are so difficult that they prevent the worker from performing duties, or if there is exploitation, harassment, or denial of entitled leave or pay, unemployment benefit may be granted.
Workers who resign without a justified reason cannot receive unemployment benefit. Those who resign for justified reasons must prove their claim in court; if the court rules in their favor, unemployment benefit and all employment rights are restored. This requires taking the case to court.
How Long Is Unemployment Benefit Paid?
Duration of unemployment benefit depends on the number of contribution days paid. To receive benefit, at least 600 days of contributions must have been paid in the last three years, and contributions must have been paid continuously during the 120 days prior to leaving the job. The payment period is determined by the number of contribution days.
Specifically, workers with 600 contribution days in the last three years receive benefit for 6 months. Workers with 1,080 contribution days in the last three years receive benefit for 10 months.
How Much Is the Unemployment Benefit?
Unemployment benefit amounts are calculated based on the worker’s insured salary and contribution record. The number of contribution days affects both the amount and the duration of the benefit.
In summary:
- Workers with 600 contribution days in the last three years receive benefit for 6 months.
- Workers with 900 contribution days receive benefit for 8 months.
- Workers with 1,080 contribution days receive benefit for 10 months.
The benefit amount is based on the insured salary and contributions. Unemployment benefit is set at 40% of the gross salary and applies to employees covered under scheme 4A. Those who are dismissed unfairly and without cause receive unemployment benefit, provided contribution conditions are met. Higher previous earnings generally lead to higher benefit amounts. During the unemployment benefit period, General Health Insurance contributions are also covered by İŞKUR.
Does Insurance Continue While Receiving Unemployment Benefit?
Insurance coverage continues for those receiving unemployment benefit. İŞKUR pays General Health Insurance contributions for recipients, and their dependents are also covered for health services during the benefit period. However, this period does not count toward retirement service time.
If a beneficiary finds work, the unemployment benefit is terminated. If the person fails to notify İŞKUR and is later discovered to be working, the paid benefits will be reclaimed with interest. Again, resigned workers are generally not eligible unless they fall under the definition of justified termination; unfair resignations do not qualify for benefit.
Can Pensioners Receive Unemployment Benefit?
Unemployment benefit is not granted to pensioners. Those whose employment ended because of retirement are not eligible for unemployment benefit. Individuals who leave work after meeting retirement conditions (such as 15 years/3,600 days or 25 years/4,500 days) do not qualify. However, people who leave work to perform military service can receive unemployment benefit for the period up to enlistment if they apply.
The most important requirement for applying for unemployment benefit is filing an application with İŞKUR within 30 days of contract termination. If this 30-day period is missed, the right to benefit is forfeited. The amount of benefit also varies with previous wages. While higher-paid workers receive larger benefits, there is an upper limit: the maximum benefit cannot exceed 80% of the gross minimum wage. The minimum and maximum benefit amounts change over time according to official rates.
If a Beneficiary Finds a Job, Is the Benefit Cut?
If a person receiving unemployment benefit starts a new job as a declared insured employee, they must notify İŞKUR. After notification, unemployment benefit payments stop. If the person fails to report and this is later discovered, all received benefits will be reclaimed with interest.
Is There a Deadline to Apply for Unemployment Benefit?
To receive full entitlement, the person who left the job must apply to İŞKUR within one month (30 days). If the application is made after this period, benefit payments for the period prior to application cannot be claimed.
Can Self-Employed (Bağ-Kur) Members Receive Unemployment Benefit?
Under recent legislation, certain Bağ-Kur members can qualify for unemployment benefit. Under the Craftsmen and Tradesmen Fund rules, a Bağ-Kur member who closes their business may apply to İŞKUR to receive unemployment benefit.