Can an employee who resigns voluntarily receive severance pay? This question is a common legal issue for both workers and employers. Although resigning voluntarily is often thought to eliminate the right to severance pay, there are important exceptions. Under certain conditions stipulated in the Labor Law No. 4857, employees who leave of their own accord may still be entitled to severance pay.
Conditions for an employee who resigns voluntarily to obtain severance pay will be examined in detail, together with relevant legal provisions, Supreme Court (Yargıtay) decisions, valid reasons for termination, resignation procedures, types of contract termination, and how employees can protect their rights. We will also clarify issues such as notice pay, leaving due to medical reports, resignation because of marriage, military service, retirement, and mobbing.
What is severance pay and who is eligible?
Severance pay is a monetary payment an employer must make to an employee when certain conditions are met. It is a form of recognition for long service and an important right granted to employees under job security rules.
The basic conditions for severance pay are:
- The employee must have worked for the same employer for at least one year.
- The employment contract must have ended because it was wrongfully terminated by the employer or because the employee terminated it for a valid reason.
- The type of termination must conform to the provisions of Article 14 of the Labor Law (different rules apply to civil servants).
When these conditions are met, the employee is entitled to severance pay equal to 30 days’ gross salary for each full year of service. Partial years are calculated proportionally.
Examples of situations that may give rise to severance pay:
- Unlawful dismissal by the employer,
- A female employee resigning within one year of marriage,
- A male employee leaving for military service,
- An employee qualifying for retirement (meeting required premium and service days),
- Termination for health reasons, breaches of morality and good faith, or mobbing.
Note: Voluntary resignation generally removes the right to severance pay, but exceptions exist.
Can an employee who resigns voluntarily receive severance pay?
The general rule is that an employee who resigns voluntarily cannot claim severance pay. If an employee ends the contract by their own initiative and there is no employer fault or legal justification, the right to severance pay is usually lost. However, exceptions exist that can entitle the employee to severance pay.
Circumstances in which a voluntarily resigning employee may still receive severance pay:
- Resignation due to marriage: A female employee who resigns within one year of marriage is entitled to severance pay. This right is granted only to female employees and requires written notification to the employer with proof of marriage.
- Resignation due to military service: Male employees leaving for military service can claim severance pay by presenting the military call-up notice to their employer.
- Retirement (fulfillment of premium and service days): Employees who obtain a document from the Social Security Institution (SGK) confirming eligibility for severance pay can resign for retirement reasons and receive severance pay regardless of age.
- Health reasons: If an employee’s health prevents them from performing their job, they can terminate the contract for a valid reason provided they document the condition with a medical report.
- Breach of morality and good faith: Harsh or abusive treatment by the employer, sexual harassment, or other conduct contrary to morality and good faith can give the employee the right to terminate the contract for cause.
- Mobbing (psychological harassment): An employee subject to systematic pressure, ostracism, or belittling at work who can document these behaviors may resign for cause and claim severance pay.
- Non-payment or underpayment of wages: If the employer fails to pay wages on time or pays less than due, the employee can terminate for cause and claim severance pay.
Important points to note:
- The employee must document the reasons for resignation.
- Terminations and claims should be made in writing.
- A simple statement such as “I want to leave” without stating valid reasons does not create a right to severance pay.
What are valid reasons for termination under the Labor Law?
Law No. 4857 grants employees the right to terminate the employment contract immediately and for just cause in certain situations. When a valid reason exists, an employee who resigns may still be entitled to severance pay. Note that a valid termination does not always produce entitlement to notice pay; that must be evaluated separately.
Main situations that allow the employee to terminate for just cause:
1. Health reasons
- If the job threatens the employee’s health and this is documented by a medical report, the employee can end the contract.
- For example, an employee working constantly with chemicals who develops a respiratory illness.
2. Breach of morality and good faith
- The employer insulting, swearing at, physically assaulting, or sexually harassing the employee,
- Failing to pay wages in full or on time,
- Failure to fulfill promised working conditions,
- If these behaviors are documented, the employee can resign for cause and claim severance pay.
3. Compelling reasons
- If work becomes impossible due to fire, epidemic, war, or natural disaster, the employee may terminate the contract for these reasons.
4. Wage and payment violations
- Non-payment of wages for 20 days or more,
- Not paying overtime,
- Denying lawful leave rights—such violations constitute just cause for termination.
What the employee should do during termination:
- State the reasons for termination in writing,
- Provide supporting evidence (reports, messages, witnesses, etc.) if necessary,
- Clearly request that severance pay be paid when submitting the claim.
In which cases can a resigning employee receive compensation?
Many believe that an employee who resigns cannot receive compensation, but this is not absolute. Under specific legal conditions, a voluntary resignation does not eliminate—and may even create—a right to compensation.
Main situations where a resigning employee may be entitled to severance pay:
1. Female resignation due to marriage
- Resignation must occur within one year of the marriage date.
- The female employee must notify the employer in writing and provide a copy of the marriage certificate.
- This entitlement is specific to female employees.
2. Male resignation for military service
- A male employee leaving to perform military duty can claim severance pay by presenting the military call-up notice.
3. Resignation due to retirement (15 years and 3600 days)
- If the employee fulfills the 15-year insurance period and the 3600 premium day requirement and obtains a document from SGK, they may resign and receive severance pay.
- This can apply regardless of age under the specified conditions.
4. Resignation for just cause
- If the valid reasons described above (non-payment of wages, abusive treatment, health issues, mobbing, etc.) apply, the employee can resign for cause and receive severance pay.
5. Disability retirement or resignation with medical report
- If a medical board report shows the employee cannot work, resigning on that basis can entitle the employee to severance pay.
Employee precautions:
- State the reason for resignation in the resignation letter.
- Attach supporting documents (marriage certificate, military notice, SGK letter, medical reports, etc.).
- A plain resignation without valid cause removes the right to severance pay.
Severance pay practices in light of Supreme Court decisions
Supreme Court decisions form binding precedent in labor law and guide both employees and employers on whether a voluntarily resigning employee is entitled to severance pay.
Some core principles adopted by the Supreme Court:
1. Resignation after marriage
The Supreme Court recognizes that a female employee who leaves within one year of marriage is considered to have a valid cause and therefore is entitled to severance pay.
2. Military service
For military-related terminations, the Court requires that the military duty be formally called—casual or voluntary resignations do not qualify. The call-up notice and correspondence from the military office are important evidence.
3. 15 years – 3600 days rule
The Court has held that employees who meet these requirements and obtain an SGK document may receive severance pay without waiting for retirement age. However, continuing to work at another workplace after resignation may be seen as bad faith and lead to rejection of the claim in some cases.
4. Mobbing and psychological pressure
If employees can document psychological harassment, the Court treats this as a valid reason for termination and approves severance pay claims. Witness statements and psychologist/psychiatrist reports serve as evidence.
5. Non-payment of wages
The Supreme Court regards late or incomplete wage payments as valid grounds for termination and emphasizes that such employees should receive severance pay, provided they prove the claim with evidence.
Common conclusions from the rulings:
- The burden of proof usually lies with the employee.
- Procedures should be documented.
- The reason for leaving must be clear and consistent.
How should a resignation for just cause be written?
Employees who resign for just cause must notify their employer in writing. An official termination notice is required to protect legal rights and serves as the basis for claiming severance pay.
Key elements when preparing a resignation for just cause:
1. Information that must be included in the letter:
- Employee’s full name and national ID number
- Position and start date
- Just cause for termination (for example: unpaid wages, mobbing, marriage, military service, retirement, health issues)
- Clear termination date
- A request for severance pay
- Signature and date
2. Use clear, direct language
Avoid flowery or ambiguous phrases; refer to the legal provisions where relevant.
Example phrasing: “I hereby terminate my employment for just cause pursuant to Article 24/2(e) of Labor Law No. 4857.”
3. Attach supporting documents
Depending on the reason, attach documents such as:
- Copy of the marriage certificate
- Military call-up notice
- SGK retirement letter
- Medical reports
- Payroll records and bank statements
- Witness statements or complaint records in mobbing cases
4. Prepare two copies
One copy should be handed to the employer with a signed receipt or stamp. If this is not possible, sending the notice by notary is recommended to ensure proof of delivery.
Can a voluntarily resigning employee receive notice pay?
Notice pay arises when one party terminates the employment contract without observing the required notification period. It is not automatically payable to every resigning employee.
Key features of notice pay:
It is triggered when the required notice periods are not observed.
Notice periods vary depending on the employee’s length of service:
- 0–6 months: 2 weeks
- 6 months–1.5 years: 4 weeks
- 1.5 years–3 years: 6 weeks
- Over 3 years: 8 weeks
Can a resigning employee claim notice pay?
Generally, an employee who resigns cannot demand notice pay, because notice pay compensates employees for sudden dismissal by the employer. A voluntarily resigning employee typically has no right to notice pay.
Exceptions and different scenarios:
- If the employer dismisses the employee immediately and unjustly, the employee can claim notice pay.
- An employee who terminates the contract for just cause generally becomes eligible for severance pay rather than notice pay.
- Failing to respect the notice period when leaving may entitle the other party to seek compensation for the unobserved notice period.
Liability for leaving without serving the notice period:
If an employee resigns without complying with the notice period, the employer may have the right to demand notice pay from the employee. Therefore, employees should pay attention to notice obligations before resigning.
What rights can a voluntarily resigning employee claim?
Besides severance pay, a resigning employee may be entitled to other claims depending on the form and reason for leaving and the length of service. The Labor Law sets out detailed rules on these rights.
Main entitlements a resigning employee may receive:
1. Payment for unused annual leave
If the employee has accrued unused annual leave, its monetary equivalent must be paid when the employment ends. This right applies regardless of the reason for leaving.
2. Outstanding wages and overtime claims
Any unpaid wages, overtime pay, weekend pay, and holiday pay accrued during employment must be paid at termination. These are the employee’s rights even after resignation.
3. Employment termination certificate and SGK notification
The employer must notify SGK of the termination within the legal timeframe and provide the employee with a termination certificate (service record), which is important for future job searches.
4. Unemployment benefit (conditional)
An employee who resigns voluntarily generally is not eligible for unemployment benefits. However, if the termination is recorded as for just cause and reflected correctly in SGK records, unemployment benefit may be possible. To claim it:
- The SGK exit code must be selected correctly,
- The employee must apply to İŞKUR within 30 days.
5. Job security and reinstatement claim (in cases of employer fault)
If the employer is at fault and the employee is covered by job security provisions (for example, working in a workplace with more than 30 employees and having worked for over six months), the employee may have the right to file a reinstatement lawsuit.
What steps should be taken to obtain severance pay?
An employee who resigns voluntarily but has a valid reason must follow the correct legal steps to secure severance pay. Failing to do so can delay payment or prevent recovery even when the claim is justified.
The process to claim severance pay should proceed as follows:
1. Identify the reason and prepare documents
- Determine whether your reason falls within just-cause termination.
- Collect supporting documents (marriage certificate, military call-up, SGK retirement letter, medical reports, bank records, witness statements, etc.).
2. Write a resignation letter for just cause
- State the reason clearly and reference the Labor Law provision.
- Deliver the letter in person against signature if possible, or send it via notary.
3. Claim severance pay in writing
- In the same letter or a separate document, clearly request payment of severance pay.
- For example: “I request that my severance pay be paid to me within the statutory period.”
4. If the employer does not pay, apply to mediation
- Before going to labor courts, mediation is mandatory in most cases.
- Through mediation, you can seek payment of severance, unused leave, and other claims.
5. If mediation fails, file a lawsuit
- If no agreement is reached in mediation, you may file a case in the labor court.
- Documents and witnesses presented to the court strongly affect the outcome.
Recommendations:
- It is advisable to conduct the process with a labor law attorney.
- Support every step with written evidence.
- Observe deadlines. Severance claims should generally be made within one year after termination.