Introduction

This study analyzes the question of whether an employee is entitled to severance pay when they voluntarily leave their job (resign) after working continuously for 10 years at the same workplace, in light of the presented Supreme Court and first instance court decisions. The analysis reveals the general rule, its exceptions, and the Supreme Court’s approach in different situations.

A. General Rule: Inability to Claim Severance Pay Upon Resignation

The fundamental principle consistently emphasized in judicial decisions is that an employee’s voluntary departure from work without any just cause does not entitle them to severance pay. The Supreme Court General Assembly of Civil Chambers’ approach on this matter is clear:

“Article 14 of Labor Law No. 1475, titled “Severance Pay,” enumerates the limited reasons entitling an employee to severance pay, and resignation is not among the reasons for termination of an employment contract that entitles one to severance pay.” (Supreme Court General Assembly of Civil Chambers, 2021/391 E., 2022/1134 K.)

This rule is not affected by the length of the employee’s service. Having worked for 10 years or more does not, by itself, change this rule. Indeed, many decisions have stated that an employee’s severance pay claim should be rejected if they resign for personal reasons, such as taking another job (Supreme Court 9th Civil Chamber, 2017/17877 E., 2020/13716 K.; Supreme Court 22nd Civil Chamber, 2017/28051 E., 2020/4027 K.).

B. Exceptional Cases Entitling to Severance Pay

While this is the general rule, Supreme Court decisions accept that an employee may be entitled to severance pay in some situations that appear to be “resignation.”

1. Termination Due to Fulfillment of Retirement Conditions Other Than Age: This is the most common and most important exception. According to sub-paragraph 5 of paragraph 1 of article 14 of Labor Law no. 1475, an employee who fulfills the retirement conditions other than age (insurance period and number of premium payment days) is entitled to severance pay when they terminate their employment contract by submitting a document from the Social Security Institution stating “can receive severance pay” to the employer. “Even if an employee who has completed their insurance period and number of premium payment days has not gained the right to retirement due to the age condition, they will be able to leave the workplace by citing the aforementioned sub-paragraph and will be entitled to severance pay.” (Supreme Court 22nd Civil Chamber, 2012/27605 E., 2013/24750 K.)

In this case, the employee’s 10 years of service contributes to fulfilling the statutory insurance period (usually 15 years) and premium day count (usually 3600 days) requirements. The Supreme Court also states that an employee who benefits from this right starting to work at another workplace shortly thereafter cannot be considered an abuse of right and will not eliminate the right to severance pay (Supreme Court 9th Civil Chamber, 2016/8813 E., 2019/20244 K.).

2. Termination Based on a Just Cause: Even if the employee has submitted a resignation letter, if there is a just cause underlying their departure from work, such as unpaid wages, underpaid insurance premiums, or mobbing, this situation is not considered a resignation but rather a “termination for just cause,” and the employee becomes entitled to severance pay. However, in this case, the burden of proof lies with the employee.

“Furthermore, even if the plaintiff has resigned, they are entitled to severance pay if they terminate the employment contract for a just cause.” (Supreme Court 7th Civil Chamber, 2013/14468 E., 2013/21161 K.)

3. Impairment of the Will to Resign (Defective Will): If the resignation letter does not reflect the employee’s true will, meaning it was signed under duress or deception by the employer, then this letter is invalid. The Supreme Court, in such cases, accepts that the employment contract was unjustly terminated by the employer, thereby entitling the employee to severance pay.

“…the decision to reject the plaintiff’s claim, while it should have been accepted that the resignation letter obtained in this manner is invalid and that the plaintiff is entitled to severance and notice pay, is erroneous, and this point has been deemed a reason for reversal.” (Supreme Court 7th Civil Chamber, 2013/24800 E., 2014/6372 K.)

C. The Place of the Argument of “Contradiction to the Ordinary Course of Life” 

In some decisions, it is stated that it is contrary to the ordinary course of life for an employee who has worked for many years to resign without any reason, waiving an important right such as severance pay, and that another reason should be sought for the termination. However, the Court of Appeals does not consider this argument sufficient on its own, requiring the employee to prove a just cause or vitiation of consent with concrete evidence. Otherwise, if there is a clear letter of resignation, decisions are made to the effect that the request for severance pay should be rejected (Court of Appeals 9th Civil Chamber, 2016/20941 E., 2020/8855 K.).

Conclusion

When the reviewed judicial decisions are evaluated as a whole, an employee’s voluntary resignation after working continuously for 10 years in the same workplace is, as a rule, not sufficient to qualify for severance pay. The right to severance pay depends on the form and reason for the termination of the employment contract, rather than the length of service.

However, if the employee’s resignation;

was made for this reason by fulfilling the retirement conditions other than age (such as 15 years of insured service and 3600 premium days),

is based on a just cause specified in the Labor Law and this situation can be proven,

occurred against the employee’s will due to employer’s pressure or deception,

it may be possible to qualify for severance pay. Therefore, while a 10-year period of employment alone does not grant a right, it emerges as an important factor in exceptional circumstances, especially when retirement conditions other than age are met. Each specific case must be evaluated individually, taking into account the true reasons and conditions behind the resignation. A written piece suggestion.

Why is Expert Lawyer Support Necessary?

Severance pay and resignation processes are among the most frequently debated topics between employees and employers, especially in cases of 10 years or more of employment. However, as seen, whether severance pay can be obtained is entirely dependent on the reason for termination, the employee’s power of proof, and Supreme Court precedents.

Therefore, taking wrong or incomplete steps can lead to the employee losing their rights or the employer facing an unnecessary compensation burden. At this point, it is of great importance to act with an expert lawyer.

In Istanbul, particularly in areas such as Tuzla, Pendik, Kartal, Maltepe, Tepeören, and Gebze, labor law disputes are frequently experienced, and an experienced labor law attorney serving these regions contributes to the proper conduct of the process.

The validity of the resignation letter,

Proof of claims of termination for just cause,

Processing of documents to be obtained from the Social Security Institution,

Steps such as preparing evidence to be submitted to the court in the event of a lawsuit are processes that require professional support.