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When does the right to severance pay arise?

In the severance pay calculation process, salary is not the only criterion; the employee's reason for leaving, the length of service with the same employer and the gross pay are also taken into account. For this reason, not every employee who leaves a job automatically qualifies for severance pay; the first question is whether the legal right has arisen.

As a rule, severance pay requires at least one year of service with the same employer. However, completing that period alone is not enough; the reason the employment contract ended is also decisive.

Key situations in terms of employee rights when leaving a job

In practice, the right to severance pay most often comes up in the following cases:

  • The employer ends the employment contract for a reason not based on the employee's serious misconduct
  • The employee terminates the contract with just cause, such as non-payment of wages, health reasons or conduct contrary to good faith rules
  • Retirement, military service and certain other special cases listed in the law

By contrast, a standard resignation does not usually create a right to severance pay. Fixed-term contracts, absenteeism, probation periods, the content of the termination notice and the specific facts of the case can all change the outcome.

What factors are used to calculate the amount?

The main items used in severance pay calculations are the employee's most recent gross pay and any regular additional benefits. In general practice, the calculation is based on the amount due for each full year of service; fractions of a year are also added proportionally.

Why is grossed-up gross pay important?

Instead of basic salary alone, regular benefits such as travel, meal, bonus or premium payments, or other monetary benefits that can be valued in money, may also be taken into account. However, whether occasional payments and non-regular items are included is assessed according to the nature of the payment.

Caps and deductions can affect the result

The amount each employee receives is not the same. That is because, along with the severance pay conditions, the statutory cap, the accurate determination of service time and any deductions to be applied can directly affect the final figure.

  • Correctly determining the start and end dates of employment
  • Including regular additional payments in payroll records
  • Reviewing interim periods that could affect seniority

What should be checked before filing a claim?

Severance pay, notice pay and annual leave entitlements are separate items; when one arises, the others do not automatically follow. For that reason, it is important to review the payroll, employment contract, termination notice and SGK (Turkey's Social Security Institution) records together.

If there is a dispute, mediation and court proceedings may come into play. Because the details of each case can change the outcome, following current legislation when making the calculation and seeking expert advice when necessary can reduce the risk of losing rights.

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