Just as employers have rights, employees also have important rights. In some cases, employers may overlook those rights because workers are not aware of them. To ensure no one takes advantage of you, you should be well informed about the rights you are entitled to. Whether you work in a mine, a private company, or as a civil servant, every worker has rights protected by law. Employees need to be properly informed about their rights. One of the primary rights for employees is the right to severance pay (kıdem tazminatı). When people hear the word “compensation,” they often feel intimidated because of common misconceptions. Many workers do not realize they can also initiate compensation claims themselves, and as a result they may fail to defend their rights when necessary.
Conditions
The basic condition for claiming severance pay is that the employee must have worked for the same employer for at least one year. Continuous employment with the same employer for one year is one of the key requirements. If an employment relationship ends before one year due to a dispute or other issues, the employee is generally not entitled to severance pay. This one‑year threshold is the fundamental condition for severance pay eligibility. However, completing one year alone does not automatically guarantee entitlement in every situation. So, who is entitled to severance pay and under which circumstances?
Who Is Entitled?
An employee becomes entitled to severance pay if their contract ends after one year, or if the employer terminates the contract without the employee’s consent. Another case is when the employee resigns for a valid reason recognized by law; in such situations, the employee may still be eligible for severance pay. For male employees, leaving work due to compulsory military service qualifies as a valid reason for severance entitlement. For female employees, termination of the employment contract due to marriage can also create the right to severance pay if the contract is ended for that reason.
Another scenario that leads to severance pay is when an employee reaches retirement and applies for retirement benefits after meeting the legal requirements. Similarly, an employee who completes the required number of premium days and then ends the contract can be eligible for severance. A change in working conditions imposed solely by the employer, which the employee does not accept, is another valid reason for claiming severance pay. Finally, if an employee dies and the employment contract terminates as a result, severance pay becomes payable and is distributed to the deceased employee’s heirs.