1. General Legal Framework and Wage Payment Obligation
Pursuant to Article 24/II-e of Labor Law No. 4857, if the employee’s wage is not calculated or paid by the employer in accordance with legal provisions or contractual terms, the employee has the right to immediately terminate the employment contract for just cause. In Supreme Court jurisprudence, it has been emphasized that wage “should be evaluated in a broad sense”; and that the non-payment of bonuses, premiums, overtime, weekly rest, and public holiday pay also provides grounds for rightful termination in this context (Supreme Court 9th Civil Chamber, 09.10.2013, 2011/29851 E., 2013/25453 K.; Supreme Court 7th Civil Chamber, 08.09.2015, 2014/19536 E., 2015/14196 K.).
2. The Nature of Wage Payment in Installments as a Just Cause for Termination
In Supreme Court decisions, the payment of wages not in full but in installments (piece by piece) is explicitly accepted as a situation that grants the employee the right to terminate for just cause within the scope of Article 24/II-e of the Labor Law.
Direct Acceptance: The 9th Civil Chamber of the Supreme Court has ruled that even the staggered payment of wages provides the employee with the right to terminate the contract for a just cause, and in such a case, the request for severance pay should be accepted (Supreme Court 9th Civil Chamber, 16.09.2013, 2011/31118 E., 2013/22584 K.; Supreme Court 9th Civil Chamber, 16.09.2013, 2011/31117 E., 2013/22583 K.).
Persistent Partial Payment: In a decision, the payment of wages in installments instead of on time and in full, starting from April 2004, and the continuation of this situation until the termination date, was considered one of the grounds giving the employee the right to immediate termination of the contract (Supreme Court 9th Civil Chamber, 2008/28429 K. ).
Payment Time and Uncertainty: In cases of staggered wage payments, the failure to clearly specify which month the payments pertain to is also considered a just cause for termination in favor of the employee (Bakırköy 2nd Civil Court of Commerce, 30.03.2023, 2022/155 E., 2023/266 K.).
Concrete Examples: The 7th Civil Chamber of the Supreme Court, in a case where bank account statements revealed that wages were paid in installments on different dates, such as 286.00 TL on 11.09.2012 and 252.89 TL on 18.09.2012, accepted that the termination was for a just cause (Supreme Court 7th Civil Chamber, 08.09.2015, 2014/19536 E., 2015/14196 K.).
3. Principle of Immateriality of Partial Payment
According to the established jurisprudence of the Court of Cassation, there is no difference between the non-payment of wages at all and the partial non-payment in terms of the right to terminate with just cause. In accordance with the principle, “The non-payment of all or part of the wages is irrelevant in this regard“, incomplete or partial payment of wages is sufficient for termination (Court of Cassation 22nd Civil Chamber, 25.03.2013, 2012/18473 E., 2013/6154 K.; Court of Cassation 7th Civil Chamber, 18.03.2015, 2015/3386 E., 2015/4889 K.).
4. Burden of Proof and Employer Responsibility
The burden of proving that wages have been paid lies with the employer. If wages are paid in installments and these payments cannot be proven in due form (by specifying which month they pertain to), it is accepted that the employer has not fulfilled their obligation to pay wages (Court of Cassation 9th Civil Chamber, 16.09.2013, 2011/31118 E., 2013/22584 K.).
5. Exceptional Circumstances and Protocols
If there is a special protocol between the employee and the employer or union regarding partial wage payments (regulating salary advances and payment dates), the justification for termination should be examined within the framework of this protocol. If there is no delay or deficiency in payments in accordance with the protocol, direct termination with just cause may not be accepted (Court of Cassation 9th Civil Chamber, 14.03.2016, 2014/37013 E., 2016/5942 K.).
6. Secondary Sources and Additional Context
The following points have been evaluated as secondary sources in light of the limited information in the decision texts:
Secondary Source (Bursa Regional Court of Justice 9th Civil Chamber, 2017/89 E., 2017/81 K.): “Irregularities and delays” in wage payments are generally accepted as a just cause for termination within the scope of Labor Law 24/II-e, and partial payment is characterized as a manifestation of this irregularity.
Secondary Source (Supreme Court 9th Civil Chamber, 2014/28228 E., 2016/1308 K.): The local court’s decision for just cause termination due to “wages not being paid on time but in installments” was not overturned by the Supreme Court on the merits, except for calculation errors, and this situation was seen as an indirect affirmation.
Secondary Source (Supreme Court 22nd Civil Chamber, 2015/27885 E., 2018/6346 K.): In cases where the employee cites partial payment of wages as a reason for termination, it was observed that the court should examine this claim, but in the concrete case, the focus shifted more towards overtime calculations.
Conclusion: According to Supreme Court precedents, the full and timely payment of employee wages is fundamental. Because payment of wages in installments (partially) disrupts the employee’s financial planning and constitutes a violation of the wage guarantee in the Labor Law, it grants the employee the right to just cause termination and severance pay under Article 24/II-e of the Labor Law.
Frequently Asked Questions
Maaşın parça parça ödenmesi haklı fesih sebebi midir?
Evet. Yargıtay kararlarına göre ücretin tam ve zamanında ödenmemesi gibi, parça parça ödenmesi de işçiye haklı fesih hakkı verir ve kıdem tazminatı talep edilebilir.
Maaşın bir kısmı ödenirse yine de fesih hakkı olur mu?
Evet. Hukuka göre ücretin tamamen ya da kısmen ödenmemesi arasında fark yoktur. Eksik ödeme de haklı fesih için yeterlidir.
Maaş düzensiz ve farklı tarihlerde yatırılıyorsa ne yapılmalı?
Ücretin sürekli gecikmeli veya parça parça ödenmesi, işçi lehine güçlü bir haklı fesih sebebidir. Bu durumda işçi sözleşmesini feshederek kıdem tazminatını talep edebilir.
Why is Expert Lawyer Support Necessary?
Although partial payment of salary is generally accepted as a just cause for termination, the evaluation of each specific case is different. Especially;
Whether the payments were genuinely irregular,
How the employer proved that they made the payment,
Whether it was determined which month the payments belonged to,
Whether there is a special payment protocol between the parties,
Issues such as whether the termination process was carried out correctly and on time are decisive in the litigation process.
An incorrect termination process can cause the employee to lose their severance pay. Therefore, seeking support from an Istanbul lawyer or Tuzla lawyer from the very beginning of the process is of great importance.
Working with the experienced 2M Hukuk Law Office in this field prevents loss of rights and ensures the process is managed in the most correct way.
