Cerkezkoy Organized Industrial Zone (COSB) is the industrial heart of the region. This intense employment brings along employee-employer disputes. Severance pay is the return of the worker's effort for years and cannot be arbitrarily usurped.
Severance pay requires at least 1 year of employment with the same employer. Rights arise from unfair dismissal by employer, justified resignation by employee, or retirement/military service. Calculation is based on gross dressed wage.
Conditions for Entitlement to Severance Pay
Not every worker who leaves their job can receive severance pay. According to Labor Law No. 1475, one of the following 4 main conditions must be met to be entitled to compensation:
- 1. Minimum 1 Year of Work Requirement The worker must have worked for at least 1 full year at workplaces affiliated with the same employer (even if they are different branches).
- 2. Unfair Dismissal by Employer If the employer dismisses the worker without a "valid reason" (performance, downsizing, etc.) or cannot prove a "just cause" (theft, etc.), they must pay compensation.
- 3. Just Termination by the Worker In cases such as non-payment of salary, incomplete payment of SSI premiums, mobbing, failure to take occupational health measures, the worker receives compensation even if they resign.
- 4. Other Legal Situations Completion of conditions other than age for retirement, military service for men, resignation of a female worker within 1 year from the date of marriage, and the death of the worker.
How is the Calculation Made?
Severance pay is paid in the amount of 30 days' gross wage for each full year the worker has worked. Increasing months and days are also taken into account proportionally.
In the calculation, not only the salary but also regular payments such as transportation, food, and bonuses are taken into account. This is called "Dressed Wage". However, the amount to be paid cannot exceed the Severance Pay Ceiling determined by the state in January and July each year.
What is Notice Pay?
The party terminating the employment contract (worker or employer) must notify the other party in advance. This is called the "Notice Period". If the worker is dismissed "immediately" without complying with these periods or if the worker says "I'm leaving", Notice Pay is paid to the other party.
Legal notice periods are as follows:
- Worked less than 6 months 2 Weeks
- Between 6 months - 1.5 years 4 Weeks
- Between 1.5 years - 3 years 6 Weeks
- More than 3 years 8 Weeks
Re-employment Lawsuit
In workplaces employing 30 or more workers, workers with at least 6 months of seniority can demand re-employment by applying to a mediator within 1 month when they are dismissed without a valid reason.
If the Cerkezkoy Labor Courts decide that the termination is invalid, the worker is either started work or receives compensation for not starting work in the amount of at least 4 and at most 8 months' wages.
Attention to Statute of Limitations!
The statute of limitations for receivables such as severance and notice pay, annual leave pay is 5 years. Even if a lawsuit is filed after this period has passed, the employer can escape payment by objecting to the "statute of limitations". Seek your rights on time.
Atty. Fatih Özden
Marmara University Faculty of Law Graduate | Expert Mediator
Attorney Fatih Özden operates his law office across from Çerkezköy Courthouse, specializing in family law, employment law, criminal defense, and mediation. He provides legal representation and expert mediation services in Çerkezköy, Kapaklı, and Saray regions.