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RIGHT TO SEVERANCE PAY UPON TERMINATION OF EMPLOYMENT THE EMPLOYEE

Pursuant to the Labor Law No. 4857, in cases where the employment contract concluded between the employee and the employer is terminated by the employee for just cause, or by the employer without just cause, the employee shall be entitled to severance pay. In addition, in cases where the employment contract is terminated by the employee due to retirement or compulsory military service, or by female employees due to marriage, the employee’s right to claim severance pay arises. Another condition for entitlement to severance pay is that the employee must have been employed at the workplace for at least one year.


The cases of termination by the employee for just cause are regulated under Article 24 of the Labor Law No. 4857, under the headings of “Health Reasons,” “Immoral, Dishonorable, or Malicious Conduct and Similar Circumstances,” and “Compelling Reasons.” In established case law of the Court of Cassation, non-payment by the employer of wages, overtime, weekly rest day, and national holiday pay, application of mobbing to the employee, and excessively burdensome working conditions are considered grounds for termination with just cause.


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