Undoubtedly, one of the most important issues for men in their professional lives is military service. Every year in our country, thousands of young men leave their families to perform compulsory military duty. Because they cannot work during their service, they should arrange their jobs before leaving or resign if necessary and only then go to the military. It is preferable for employers to prepare employment contracts with military service in mind. Another question that concerns many young people and employers is whether employees who leave for military service are entitled to compensation from their workplace and, if so, how many months’ pay that compensation should cover.
Three-Month Compensation Situation
If a person leaves a job to serve in the military and then returns after completing service, the employer must reinstate the employee following a reapplication. If there is a suitable vacant position, the employer must hire the returning employee immediately; if no suitable position exists, the employer must hire the person in the first available position under the current conditions. However, if the employer refuses to rehire the returning employee despite meeting the conditions, the employer must pay compensation equivalent to three months’ wages. This is the essence of compensation from the workplace for those who go to the military.
The most important detail in claiming workplace compensation after military service is the timing for applying. The returning service member must apply for compensation within the first two months after completing military service. It is best to make this application in writing or via a notary to ensure proof of the claim.
To be eligible for compensation, the employee must prove to the employer before leaving that the reason for their departure is military service. This can be demonstrated with an official Military Dispatch Document (Askerlik Sevk Belgesi). Without such documentation, the employer is not obliged to pay compensation to the employee for military service.
Seniority (Severance) Rights
A person who has not yet completed military service and decides to resign in order to enlist may be entitled to severance pay. Certain conditions apply. To claim severance pay after leaving for the military, the employee must have worked at the company for at least one year. If the person prefers to complete their seniority, they can return to the same workplace after finishing military service and continue working until they reach the required length of service. Additionally, resignation prior to enlistment is not mandatory. The employment contract can be suspended for the duration of military service and reactivated upon return, which would mean the employer does not have to pay severance.
If the worker leaves the job and, before enlisting, begins working elsewhere, the termination of the previous contract cannot be regarded as having been made due to military service. In that case, the person who went to the military is not entitled to severance from the earlier employer.
Unemployment Benefits
The rules and conditions for workplace compensation for those who go to the military are explained above. In addition, military service can affect eligibility for unemployment benefits. A person who leaves work because of military service may qualify for unemployment benefits if they meet the required conditions. To receive unemployment benefits, the employee must have paid at least 600 days of premiums within the last three years, including an uninterrupted 120-day period immediately before leaving for military service. If the person goes to the military immediately, benefits begin from that date; if they delay enlistment, benefits are suspended on the date they actually start military service, and any remaining payments will be made after service ends. Returning veterans who wish to claim unemployment benefits must apply to the Employment Agency (İŞKUR) upon their return.
Effect of Military Service on Retirement
Returning service members may be eligible for compensation from their former employer as described earlier. Another important topic is how the period spent in military service affects retirement. Military service can count toward retirement calculations. If the person was not insured during their military service, they can purchase (make up) this period through a debt-based contribution, which can effectively bring forward their retirement date by up to two years in some cases. In other words, the time spent in the military can be credited by the state through a buyback option. If the individual applies for this arrangement, their insurance start date can be moved backward by the length of military service, and the retirement age is then calculated accordingly.
If the individual was insured before going to the military, the military period can be used to complete any missing premium days needed for retirement.