Leaving a job voluntarily can be a challenging decision, especially when considering the financial repercussions. In Turkey, the concept of severance pay is governed by strict laws to protect employees.
However, not everyone who leaves a job by choice is entitled to this compensation. Understanding the kendi isteğiyle işten ayrılan tazminat alma şartları (eligibility criteria for severance pay when voluntarily leaving a job) is crucial for both employees and employers in the Turkish legal system.
This blog aims to clarify who may be eligible for severance pay under these circumstances.
Foreigner Severance Pay In Turkey
In Turkey, the severance pay (kıdem tazminatı) for employees, including foreigners, is governed by the Turkish Labor Law No. 4857 and related regulations.
Calculation of Severance Pay
Severance pay is calculated based on the employee’s last gross salary and the length of service. The formula is as follows:
- Amount: One month’s gross salary for each full year of service.
- Partial Years: For any partial years, severance pay is calculated proportionally.
Legal Framework for Severance Pay in Turkey
Under Turkish labor law, severance pay is typically reserved for employees who are terminated by their employer or are leaving due to certain specific conditions. Voluntarily resigning from a position does not automatically qualify an employee for severance pay.
The Turkish Labor Code outlines the instances and conditions under which severance pay is obligatory, and these rules must be carefully reviewed when an employee is considering resignation.
Eligibility Criteria for Those Voluntarily Resigning
Although the general rule stipulates that voluntary resignation does not entitle one to severance pay, there are exceptions. An employee may be eligible for severance pay upon voluntary resignation if they meet certain criteria defined by Turkish law. These include:
- Resignation due to compulsory military service,
- Resignation upon retirement to receive a pension from the Social Security Institution,
- Female employees resigning within a year of getting married,
- Resignation on health grounds, provided that the condition is not caused by the employee’s gross negligence.
Each of these conditions has specific documentation and procedural requirements that must be fulfilled for the claim of severance pay to be valid.
Documentation and Procedural Requirements
When asserting a claim for severance pay based on the aforementioned criteria, employees are required to present relevant documentation to support their eligibility. This could range from a marriage certificate for newlywed women to retirement documentation from the Social Security Institution.
The severance pay must be claimed within specific time limits and with adherence to prescribed procedures. Employers need to be diligent in verifying such claims and ensuring the swift and fair processing of severance packages, when due.
Navigating Exceptions and Seeking Legal Counsel
Considering the legal complexities surrounding severance pay for voluntary resignation, individuals are encouraged to seek professional legal advice. Bayraktar Attorneys, with its expertise in the Turkish legal system, provides guidance and support for both employers and employees navigating these intricate regulations.
This ensures legal compliance and fosters a clearer understanding of the kendi isteğiyle işten ayrılan tazminat alma şartları, thus protecting the rights of all parties involved.
