Severance Pay Case

Severance pay lawsuit is a labor claim lawsuit filed in case of non-payment or incomplete payment of the severance pay to which the employee is entitled, whose employment contract has ended. The employee may request severance pay for each full year of employment if certain conditions are met.

Severance pay disputes are common in Istanbul due to busy business life, working patterns in different sectors and unregistered payment claims. For this reason, the termination process, termination reason and wage records should be carefully evaluated.

If you have other receivables other than severance pay, labor claims lawsuit This topic may attract your attention.

What is Severance Pay?

Severance pay is the compensation to which an employee is entitled if he/she works for the same employer for a certain period of time and the employment contract is terminated in accordance with the conditions required by law. This right is calculated based on the worker's working time at the workplace and his last gross wage.

According to the 14th article of the Labor Law No. 1475, which remains in force, severance pay is calculated by taking into account the employee's length of service starting from the date of employment. According to the legal regulation, 30 days of wages are taken into account for each full year.

What is Severance Pay Lawsuit?

Severance pay lawsuits arise when the employer does not pay severance pay at all, pays it incompletely, or makes an incorrect calculation. This case is among the labor claims cases filed in labor courts.

The mandatory mediation process must be completed before filing a lawsuit. If an agreement cannot be reached in mediation, a lawsuit can be filed in the labor court with the final report.

What are the conditions for receiving severance pay?

In order to be entitled to severance pay, the employee must have worked for the same employer for at least 1 year. Additionally, the employment contract must be terminated in a way that entitles you to severance pay.

In what cases can severance pay be received?

If the employer terminates the employment contract unfairly, the employee may be entitled to severance pay. The employee's termination for justified reason within the scope of Article 24 of the Labor Law No. 4857 may also give rise to the right to severance pay.

Severance pay may also come to the fore in cases such as retirement, military service, the female worker leaving the job within 1 year from the date of marriage, and the completion of certain insurance conditions.

In Which Situations Can a Worker Make Justified Termination?

According to Article 24 of the Labor Law No. 4857, the worker; may terminate the employment contract with just cause due to health reasons, situations that do not comply with the rules of morality and good faith, or compelling reasons. Failure to pay wages, incomplete payment of insurance, or exposure of the worker to mobbing can be evaluated in this context.

The most important point in justified termination is that the reason for termination can be proven correctly. Therefore, it is important to evaluate written evidence, pay slips, bank records and message contents before leaving the job.

In what cases can severance pay not be received?

As a rule, severance pay cannot be received if the employee resigns voluntarily without any justifiable reason. In addition, the right to severance pay may not arise if the employer makes justified termination due to violation of the rules of morality and good faith within the scope of Article 25/II of the Labor Law No. 4857.

However, in many cases presented as "resignation" in practice, it may be debatable whether the worker actually resigned with his own free will.

How is severance pay calculated?

The employee's last gross wage is taken as basis when calculating severance pay. In some cases, meals, transportation, regular premiums, bonuses and similar ongoing benefits may also be included in the gross wage.

The general calculation logic is as follows:

What is the Dressed Gross Wage?

The dressed gross wage is the wage calculated by adding regular and measurable side benefits to the bare gross wage of the worker. Payments such as food aid, road assistance, regular premiums, bonuses and fuel aid can be evaluated within this scope.

If severance pay is calculated incompletely, this is often because the paid wages are not taken into account.

Is Mediation Mandatory in Severance Pay Case?

Yes. It is mandatory to apply to a mediator before filing a severance pay lawsuit. According to Article 3 of the Labor Courts Law No. 7036, mediation is a condition of litigation in employee or employer receivables and compensation claims.

If an agreement is reached during the mediation process, the dispute can be resolved without filing a lawsuit. If there is no agreement, a lawsuit can be filed in the labor court by taking the final mediation report.

Where to file a severance pay lawsuit?

The severance pay lawsuit is filed in the competent labor court. The competent and authorized labor courts in Istanbul are determined by taking into account the place where the worker works, the address of the employer and the jurisdiction rules.

The courthouse where the lawsuit will be filed in terms of Istanbul European Side and Istanbul Anatolian Side may vary depending on the characteristics of the concrete file. Therefore, it is important to determine the competent court correctly before filing a lawsuit.

What Evidence is Used in a Severance Pay Case?

In a severance pay case, the employment contract, SSI records, pay slips, bank account movements, termination notice and written termination notice are important evidence. Witness statements can also be effective, especially in terms of working hours and the actual amount of wages.

Even if the worker does not have any documents, SSI records and workplace records can be examined by the court. However, in order for the claim to be put forward strongly, the evidence must be evaluated correctly before the lawsuit.

Does paying salary in cash affect severance pay?

If part of the employee's salary is paid from the bank and the other part is paid by hand, the severance pay calculation may become controversial. If the worker claims that his real wage is higher than what appears on the payroll, he must support this with evidence.

Bank records, messages, witness statements, premium payments and workplace wage practices can be used to prove the actual wage. In such cases, severance pay calculations can be made again.

Can a Resigned Worker Receive Severance Pay?

As a rule, a resigned employee cannot receive severance pay. However, if there is a justified reason behind the resignation, the situation may change.

If there are reasons such as non-payment of wages, under-reporting of insurance, mobbing, or failure to take occupational health and safety measures, the employee's right to justified termination may come to the fore. For this reason, it is important to make a legal evaluation before submitting a resignation letter.

What Should Be Done in Case of Unfair Termination of the Employer?

If the employer terminates the employment contract unfairly, the employee may claim severance pay, notice pay and other labor receivables. If the worker is covered by job security, a reinstatement lawsuit may also be on the agenda.

Whether the termination notification is in writing, whether the reason for termination is clearly stated and the seniority of the employee are important in this process.

Statute of Limitations in Severance Pay Case

As a rule, the statute of limitations for severance pay is 5 years. This period starts from the date of termination of the employment contract.

If the statute of limitations is missed, it may become difficult to collect your receivable through litigation. For this reason, it is important to obtain legal support without delay after the termination date.

Can a Criminal Law Dimension Arise Within the Scope of the Turkish Penal Code?

Severance pay litigation essentially falls within the field of labor law. However, in some cases, a criminal law aspect may also arise.

For example, if it is claimed that the worker was forced to resign by pressure, threat or insult, the threat provisions regulated in TCK Article 106 or the insult provisions regulated in TCK Article 125 may come to the fore. If there is an allegation of forgery in the payroll or documents, an additional evaluation may be made within the scope of TCK Article 204.

How Long Does a Severance Pay Case Take?

The duration of the severance pay lawsuit varies depending on the workload of the court, collection of evidence, expert examination and whether witnesses will be heard. Due to the density of files in the labor courts in Istanbul, the duration may differ for each file.

If an agreement is reached at the mediation stage, the process can be completed in a shorter time. If a lawsuit is filed, expert reports, objections and hearing intervals may cause the period to be extended.

Legal Support from Attorney Mehmet Emin Kurşun

In severance pay cases, accurate calculation, proof of the reason for termination and complete presentation of evidence are of great importance. Incompletely calculated severance pay, incorrect mediation application or incorrect litigation strategy may lead to loss of rights.

Attorney Mehmet Emin Kurşun provides legal support in labor law disputes such as severance pay cases, labor receivables, reinstatement, overtime and notice pay in Istanbul. In this process Istanbul labor law lawyer Getting support can help ensure your rights are properly protected.

Things to Consider When Requesting Severance Pay

Before requesting severance pay, the reason for leaving the job, working period, actual wage, SSI records and, if any, fringe benefits should be evaluated together. Evidence must be prepared correctly, especially in cases such as cash payment, underinsurance and resignation under pressure.

In Istanbul, the process of employee and employer disputes often begins with mediation. If an agreement cannot be reached in mediation, a severance pay lawsuit can be filed in the labor court and the collection of the receivable can be requested.

Frequently Asked Questions

What is a severance pay lawsuit?

Severance pay lawsuit is a labor claim lawsuit filed in case the severance pay the employee deserves is not paid or is not paid incompletely.

How many years does it take to work to receive severance pay?

In order to receive severance pay, the employee must have worked for the same employer for at least 1 year. However, time alone is not enough; The employment contract must be terminated in a way that entitles you to severance pay.

Can a resigned worker receive severance pay?

As a rule, a resigned employee cannot receive severance pay. However, if there are justified reasons such as non-payment of wages, mobbing or incomplete insurance payment, severance pay may be requested.

Is mediation mandatory before filing a severance pay lawsuit?

Yes. It is mandatory to apply to a mediator before filing a severance pay lawsuit. If an agreement cannot be reached in mediation, a lawsuit may be filed.

How is severance pay calculated?

Severance pay is calculated by taking into account the employee's working period and last gross wage. 30 days of pay are taken into account for each full year.

Is the cash salary included in the severance pay calculation?

If the worker can prove that his real wage is higher than what appears on the payroll, severance pay can be calculated based on the actual wage. In this case, witnesses, bank records and written evidence are important.

How many years is the statute of limitations in a severance pay case?

As a rule, the statute of limitations for severance pay is 5 years. The period starts to run from the date of termination of the employment contract.

What to do if the employer does not pay severance pay?

First of all, a mediator should be consulted. If an agreement cannot be reached in mediation, a severance pay lawsuit can be filed in the labor court.

Where can a severance pay lawsuit be filed in Istanbul?

The court where the lawsuit will be filed in Istanbul is determined according to the place where the worker works, the address of the employer and the jurisdiction rules. Depending on the concrete situation, the labor courts of the European Side of Istanbul or the Anatolian Side may have jurisdiction.

Is it mandatory to hire a lawyer in a severance pay case?

Hiring a lawyer is not mandatory. However, since the calculation, evidence, mediation and litigation processes are technical, obtaining legal support reduces the risk of loss of rights.