Rights of the Dismissed Worker

If you have been laid off in Istanbul, you should first know this: Not every dismissal means "your rights are over." Depending on the concrete situation, different rights such as severance pay, notice pay, reinstatement request, idle time pay, unused annual leave pay, overtime pay, discrimination compensation and unemployment benefit may arise. Which right will be on the agenda? It is determined according to the reason for termination, your working period, the number of employees in the workplace and the nature of your contract. Labor Law No. 4857 regulates in detail the notification termination, valid reason requirement, written termination obligation and reinstatement regime in indefinite-term contracts; Severance pay continues to be applied through Article 14 of Law No. 1475, which remains in force.

First Actions You Should Take on the Day You Are Dismissed

The steps the dismissed worker takes on the first day to protect his rights are extremely important. It is not enough for the employer to verbally say "you have been dismissed"; The employee must request written notice of termination. In this document, the reason for termination must be written clearly, precisely and understandably. Because the reason for termination forms the basis of the lawsuit in terms of severance pay, notice pay, reinstatement or other labor receivables in the future.

Before signing any document on the day of dismissal, the employee must carefully read its contents. In particular, documents containing statements such as "I received all my rights", "I release my employer", "I left at my own will" or "I have no other receivables" may lead to serious loss of rights. If the employee signs a resignation letter even though he/she did not leave voluntarily, he/she may be in a difficult situation in terms of severance pay and the right to reinstatement.

At this stage, payrolls, bank salary records, correspondence regarding overtime, premium payments, workplace messages, dismissal notification, SSI service record and defense requests, if any, should be kept. WhatsApp correspondence with the employer, e-mails, task lists and records showing working hours may also be important as evidence in the future.

The dismissed worker must also check the SSI dismissal declaration via e-Government. Which exit code an employer uses can have important consequences for the worker's compensation, unemployment benefits and reinstatement rights. For this reason, one should not act in panic at the time of dismissal, documents should be collected and the process should be planned without loss of rights.

The first thing you should do on the day you are fired is to request your written notice of termination. Because the employer must make the termination notice in writing and state the reason for termination clearly and precisely. Moreover, if the employer terminates on the grounds of performance or behavior, as a rule, it is not possible to terminate without taking the employee's defense. For this reason, saying "you have been dismissed verbally" is not a sufficient and safe way on its own, especially in terms of a claim of unfair dismissal. Written documents, payroll, SSI registration, messaging and internal company correspondence often determine the fate of the case. At this point, considering the economic difficulties experienced in the country in 2026, it will be very useful for you to be conscious at this point, as it is a situation that every worker is likely to face.

Severance pay and notice pay are the two topics that the dismissed worker is most curious about. In terms of severance pay, it is seen that the duration of employment for the same employer is taken as a basis and the calculation is made on 30 days' wages for each full year; The same rate is applied for periods increasing from one year. As for notice pay, the law stipulates notice periods of 2, 4, 6 and 8 weeks, depending on the working period. If the employer does not comply with these periods or does not pay the compensation, notice pay will come into question. If the employee is outside the scope of job security and the right to terminate has been abused, bad faith compensation in the amount of three times the notice period may also be in question. In addition, the statute of limitations for certain severance, notice and similar termination-related compensation and annual leave pay is five years.

How Does SSI Work Exit Code Affect Your Rights?

One of the most important issues that a laid-off worker should pay attention to is the SSI dismissal code. When the employment contract ends, the employer notifies the SSI of the employee's exit with a specific code. This code indicates the reason for leaving the job and is important in terms of the employee's severance pay, notice pay, unemployment benefit and right to reinstatement.

For example, if the employer reports the dismissal as "resignation" even though the employer has actually dismissed the employee unfairly, the employee may face problems in terms of severance pay and unemployment benefits. Likewise, if the employer uses an exit code that suggests that the employee has acted contrary to the rules of ethics and good faith, this may affect the employee's compensation rights and professional reputation.

However, the SSI exit code alone is not a definitive determinant. If the worker thinks that the exit code is contrary to reality, he can prove the real reason for termination with the termination notice, witness statements, bank records, messaging, payrolls and other evidence. The court makes an evaluation based on the entire incident and the evidence presented, not just the exit code reported by the employer.

For this reason, the dismissed worker should definitely check his dismissal code via e-Government and if he thinks that the code is contrary to reality, he should get legal support without delay. If the incorrect exit code is not corrected, the unemployment benefit application, compensation claims and reinstatement process may be negatively affected.

The right to reinstatement is very important, especially for white-collar and corporate employees working in Istanbul. . According to the Labor Law, in workplaces where thirty or more workers are employed, the employer must base the termination on a valid reason for the worker who has at least six months of seniority and works on an indefinite-term employment contract. If no reason is given for termination or the reason given is not valid, the employee must apply to the mediator with a request for reinstatement within one month from the notification of termination. If there is no agreement in mediation, a lawsuit can be filed within two weeks from the date of the final report. If the court or arbitrator decides that the termination is invalid, the employer must reinstate the employee within one month; If it does not start, compensation of 4 to 8 months' wages and idle time fee of up to 4 months will be incurred.

The dismissed worker may request not only compensation but also accumulated labor receivables. According to the law, a fee is an amount paid in money; Work exceeding 45 hours per week is considered overtime and an amount increased by 50 percent of the normal wage is paid for each hour. When the employment contract ends, unused annual leave must be paid at the employee's wage on the date of separation. For this reason, an employee who is dismissed in Istanbul just asks "Do I have seniority and notice?" not to the question; The unpaid salary, premiums, bonuses, overtime, week holidays and annual leave receivables should also be taken into consideration.

The picture changes even further if the termination involves discrimination. In accordance with the principle of equal treatment of the Labor Law, discrimination cannot be made on the basis of language, race, color, gender, disability, political opinion, religion and similar reasons; Additionally, no different action can be taken in the establishment, implementation or termination of the contract due to gender or pregnancy. While the law lists situations that do not constitute valid reasons in workplaces employing more than 30 workers, it also specifically protects pregnancy, birth, union activities and the employee's application to administrative or judicial authorities to seek rights. In case of violation of the principle of equal treatment, the worker may claim compensation equal to up to four months' wages and the rights he/she has been deprived of. Therefore, situations such as dismissal due to pregnancy, termination due to union membership, or dismissal for seeking rights are not ordinary terminations, but serious violations that must be evaluated separately.

The employer's economic difficulties do not completely eliminate the employee's right to wages. The Wage Guarantee Fund system announced by İŞKUR was created to cover workers' unpaid wage receivables for up to three months in cases where the employer has difficulty paying, such as composition, bankruptcy, postponement of bankruptcy or insolvency. In terms of unemployment benefits, the worker must be unemployed without his own will or fault, be subject to a service contract for the last 120 days, have at least 600 days of unemployment insurance premium in the last three years, and apply to İŞKUR within 30 days after termination. If the application period is missed, unless there is a force majeure, the delayed period will be deducted from the total entitlement period.

How does the process proceed in Istanbul? Mediation is a requirement for workers' receivables, compensation and reinstatement claims. The application can be made to the mediation office in the other party's place of residence or the place where the work is carried out. In cases to be filed in the labor court, the competent court is, as a rule, the court of the defendant's residence and the court of the place where the work or transaction is carried out. Therefore, whether you work in Kadıköy, Ataşehir, Üsküdar, Kartal, Bakırköy, Şişli, Beşiktaş, Küçükçekmece or another district of Istanbul; It is important for the right mediation office and correct authority assessment. In addition, the employer is obliged to notify the Social Security Institution of the insured resignation within 10 days following the termination of employment; Employees can also check their records via e-Government.

If there is a mass dismissal, special rules also come into play. When the employer wants to lay off workers collectively due to economic, technological or structural reasons, he must notify the workplace union representatives, the relevant regional directorate and the Turkish Employment Agency at least 30 days in advance. The law also clearly determines what scale of terminations will be considered mass dismissals, depending on the number of workers. This distinction can be critical, especially for workers working in large companies or factories, warehouses, plazas and chain businesses.

What Should Be Considered to Avoid Loss of Rights During the Mediation Process?

Dismissed workers must apply to the mediation process before filing a lawsuit for their demands such as severance pay, notice pay, overtime, annual leave, wage receivables and reinstatement. Mediation should not be viewed as a mere formality; because the agreement minutes signed at this stage may have binding consequences for the parties.

Before going to the mediation meeting, the worker must clarify which receivable items he will request. Severance pay, notice pay, overtime, week holidays, national and general holiday wages, unused annual leave, premiums, salary receivables and reinstatement requests should be evaluated separately. Agreements made with incomplete calculations may cause the worker to give up rights that he may receive in the future.

It should be clearly stated in the mediation report which payment item relates to which right. For example, it should be clearly stated whether the payment made by the employer is severance pay, notice pay, annual leave pay or compensation for all receivables. General statements such as “I received all my rights and receivables” may make it difficult for the worker to file a lawsuit in the future.

Deadlines are particularly important in reinstatement requests. The worker must apply for mediation within 1 month from the date of notification of termination. If an agreement is not reached in mediation, a lawsuit must be filed within 2 weeks from the date of the final report. Missing these deadlines may result in loss of the right to reinstatement.

For this reason, the dismissed worker should go to the mediation meeting with his/her documents prepared, should not sign an agreement without knowing the actual amount of receivables, and should carefully examine the statements in the minutes. When the mediation process is managed correctly, workers can gain their rights faster; When mismanaged, serious losses of rights may occur.

Frequently asked questions (FAQ)

Can every dismissed worker file a reinstatement lawsuit?

No. As a rule, the reinstatement regime is applied to workers who work on indefinite-term contracts, have at least six months of seniority, and work in workplaces employing thirty or more workers. In addition, mediation should be sought first against termination, and if there is no agreement, the short deadlines in the law should not be missed.

Can I be dismissed due to poor performance without my defense being heard?

The employer cannot terminate terminations based on behavioral or productivity reasons without obtaining the employee's defense. In addition, the termination notice must be in writing and the reason must be stated clearly and precisely. Violation of these rules is important in favor of the worker, especially in the evaluation of reinstatement.

Will my unused annual leave expire when I leave work?

No. Regardless of the reason why the employment contract is terminated, the wage for the annual leave periods for which the employee is entitled but not used must be paid at the wage on the date of termination.

How many days do I have to apply for unemployment benefits?

You must apply to İŞKUR within 30 days after the termination date. You are also required to be unemployed through no fault of your own, to have been subject to a service contract for the last 120 days, and to have at least 600 days of unemployment insurance premiums in the last three years. If the period is delayed, unless there is a force majeure, the delayed days will be deducted from the total entitlement period.

What happens if I win the reinstatement case?

Once the decision is finalized, the employer must employ you within one month. If he does not start, compensation for not starting work in the amount of 4 to 8 months' salary and a fee for idle time of up to 4 months until the decision is finalized will be on the agenda. However, the worker must apply to start work within 10 business days from the notification of the final decision.

Where to apply for mediation in Istanbul?

Application for workers' receivables, compensation and reinstatement disputes; It can be done to the mediation office in the other party's place of residence or where the work is done. This is why the district where you work in Istanbul and the head office address of your employer are important. In terms of the competent labor court, as a rule, the court of the defendant's residence and the court of the place where the work is done are taken as basis.

Professional support with Attorney Mehmet Emin Kurşun Law Firm

As Attorney Mehmet Emin Kurşun Law Firm, we carefully evaluate the file from start to finish regarding severance pay, notice pay, reinstatement, overtime, annual leave, wage receivables and mediation processes of laid-off workers in Istanbul. The real difference in dismissal files is often determined by the procedures carried out on the first day, collecting correct evidence and not missing deadlines; Especially for reinstatement applications, a one-month period and a two-week litigation period after mediation are extremely critical. Therefore, when you need the support of an Istanbul labor law lawyer, getting a professional evaluation without delaying the process will prevent loss of rights. Attorney Mehmet Emin Kurşun Law Firm offers reliable and result-oriented legal support that clarifies what rights you can claim according to your concrete case, meticulously manages the mediation and litigation process.