KÜHEYLAN HUKUK
Can a Resigned Worker Receive Compensation? Termination for Just Cause and Worker's Rights, Labor Law No. 4857. 24, m. 26 and m. 34 Justified Reasons for Termination, Limitation Periods and Warning Strategy (2026)
It was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
As a rule, resignation without giving a reason does not give the right to severance pay. Termination based on a justifiable reason from the employer preserves severance pay and, if necessary, unemployment benefits. Non-payment of wages, underreporting of premiums and psychological harassment are the main justifiable reasons for termination. The right of termination based on breach of morality and good faith must be exercised within six business days after learning of the incident. A reason not stated in the termination notice cannot be claimed later.
"Can I get compensation if I resign?" question is one of the most searched questions on the internet in the field of labor law. The answer depends on the legal nature of the departure. As a rule, resignation without giving any reason does not give the right to severance pay. On the other hand, the employee's termination of the contract based on a justified reason arising from the employer is not a legal resignation but a justified termination and it protects many rights, especially severance pay.
This guide explains the justified termination reasons listed in Article 24 of the Labor Law No. 4857, the periods to be complied with, and how the termination notification should be prepared, in the light of the current decisions of the 9th Civil Chamber of the Supreme Court of Appeals.
If the work is dangerous to the health or life of the worker due to a reason arising from the nature of the work, or if the employer or one of the people working together suffers from a contagious disease or a disease incompatible with the work, the worker may terminate the contract immediately.
Non-payment of the wage: Failure to calculate or pay the wage in accordance with the provisions of the law or contract (Art. 24/II-e). This includes non-payment of overtime, weekly holidays and general holiday wages.
Underpayment of insurance premiums: Declaring premiums based on the minimum wage instead of the actual wage. The Supreme Court accepts that in this case, the employee cannot be expected to continue the employment relationship (Supreme Court 9th HD, E. 2025/9333, K. 2026/484, T. 21.01.2026).
Non-implementation of working conditions: Fundamental change of working conditions agreed in the contract without the consent of the worker.
Behaviors that violate honor and dignity, sexual harassment and psychological harassment: The employer insults, teases, sexually harasses or applies systematic pressure (mobbing) to the employee.
Misleading: Providing false information on essential points when making a contract.
If compelling reasons arise in the workplace where the employee works that require work to be stopped for more than a week, the employee may terminate the contract without waiting for the notice period.
Notice compensation None No; If the employee does not comply with the deadline, he can pay the employer
As can be seen in the table, even in case of unreasonable resignation, unused annual leave wages, unpaid wages and overtime receivables are not lost. Severance pay and unemployment benefits depend on the termination being justified.
Limitation period: The right of termination based on violation of the rules of morality and good faith must be exercised within six business days from the day the employee learns of the incident and, in any case, before one year has passed since the incident (Labor Law article 26). In cases of ongoing violations, such as failure to pay the fee regularly every month, the Supreme Court accepts that this period will not run as long as the violation continues.
Commitment due to termination: The employee is bound by the reasons given in the notice of termination. The Supreme Court emphasizes that a reason not written in the notice cannot be accepted as a justified reason for termination during the trial (Supreme Court 9th HD, E. 2024/3413, K. 2024/7893, T. 07.05.2024).
Written and verifiable notification: Making the notification in a way that can prove the notification date, such as a notary, KEP or e-mail, is the strongest evidence against the defense that "the worker resigned on his own" that may arise later.
Avoidance of work: An employee whose wage is not paid within twenty days from the date of payment, except for force majeure, may refrain from fulfilling his obligation to work; Even if this behavior acquires a collective character, it is not considered a strike (Labor Law article 34).
severance pay There is also justified termination (with at least 1 year of seniority); no use without reason
Termination period 6 business days from learning, in any case 1 year from the incident (Art.26)
unemployment benefit There is a justified termination if the conditions are met; application within 30 days
Proof The notification must be made by a notary, KEP or similar verifiable means.
Case Summary: Mr. Serkan, who works as a site manager in a construction company, is paid 75,000 TL per month, but a notification is made to SSI based on the minimum wage. After Mr. Serkan noticed the e-Government service record, he cited this situation as a reason for termination in the warning he sent from the notary. Legal Evaluation: Failure to pay premiums based on actual wages is a justified reason for termination within the scope of 24/II-e. Mr. Serkan is entitled to severance pay; Compensation is calculated based on the actual wage determined by witness statements and precedent wage research. Since his termination was justified, he cannot claim notice compensation.
Case Summary: Ms. Zeynep, who works an average of ten hours a week in a call center, saw that there was no overtime pay included in her payroll, but when she left the job, she submitted a petition stating only "I am leaving of my own volition". Legal Evaluation: This petition creates a serious proof problem in the severance pay claim, as it does not indicate non-payment of overtime wages as the reason for termination. It may also be requested that Ms. Zeynep will work overtime; However, in terms of severance pay, it arises as a result of resignation unless it is proven that there has been a breach of will or that the petition was submitted under duress. The content of the termination notice directly determines the right to compensation.
Can a resigned worker receive unemployment benefits?
He cannot receive benefits without a justified reason. In accordance with Article 24, an employee who is terminated for just cause can apply for unemployment benefit if he/she meets the premium day and period conditions.
Does the resigned employee have to comply with the notice period?
Yes, use without justified reason. In case of termination for justified reason, the employee may terminate the contract immediately without waiting for the notice period.
My salary is a few days late; Is this a justified reason for termination?
As a rule, failure to pay the fee on the payment date specified in the contract is within the scope of Article 24/II-e. The duration and frequency of the delay and whether the worker has previously made a reservation are taken into account in the evaluation.
Just write "I am leaving of my own volition" in the termination petition.
Missing the six business day deadline for justified termination.
Signing the printed resignation letter prepared by the employer.
Thinking that the trial can rely on reasons not written in the notice.
Not collecting evidence such as payroll, service statement, bank record and witnesses before termination.
Termination for just cause is a powerful legal tool that gives the worker important rights such as severance pay and unemployment benefits; However, limitation periods, the principle of commitment due to termination, and the burden of proof require that this tool be used carefully. A single incorrectly worded petition can lead to the loss of rights accumulated over many years.
Küheylan Law Firm ensures that the termination will has a legally correct result by preparing justified termination notices, securing evidence before termination, and taking part in the litigation processes through subsequent mediation.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
KÜHEYLAN HUKUK