Retirement Compensation Termination for just Cause
Although expressed as Retirement Compensation Termination for Just Cause, it refers to the entitlement to severance pay due to meeting retirement conditions. Retirement compensation appears as a type of severance pay, which is one of the employee’s receivables.
What are the Conditions for Receiving Severance Pay?
An employee working under the Labor Law becomes entitled to severance pay if they have worked for at least 1 year in one or more workplaces under the same employer. However, there are certain conditions for being entitled to severance pay. We can briefly express these conditions, which are regulated in detail in the Labor Law, as follows:
– The employee is dismissed by the employer for a reason other than the “cases contrary to morality and good faith rules” regulated in Article 25 / II of the Labor Law No. 4857.
– The employee terminates the employment contract with just cause due to health reasons, reasons contrary to morality and good faith rules, and compelling reasons regulated in Article 24 of Labor Law No. 4857.
– The male employee leaves the job due to compulsory military service.
– The female employee terminates the employment contract after getting married.
– The employee leaves the job to receive old-age, retirement, disability pension, or lump-sum payment.
– Fulfillment of retirement conditions other than age.
What are the Conditions for Termination with just Cause for an Employee to be Entitled to Severance Pay?
- Health reasons:
– If the work performed becomes dangerous for the employee’s health or life due to the nature of the job.
– If the employer or another employee with whom the employee is in close and direct contact continuously has an infectious disease or a disease incompatible with the employee’s work.
- Cases and similar situations that do not comply with morality and good faith rules:
– If the employer provides information that does not conform to the truth about one of the essential points when making the employment contract, or misleads the employee by showing false qualifications or conditions.
– If the employer uses words or behaves in a way that would offend the honor and dignity of the employee or their family members, or sexually harasses the employee.
– If the employee is sexually harassed at the workplace by another employee or third parties, and necessary measures are not taken despite reporting this situation to the employer.
– If the wage is not paid on time and in full.
- Compelling reasons:
– If compelling reasons arise that require the work to stop for more than a week at the workplace where the employee works.
How Do those who Meet Conditions other than Age Become Entitled to Retirement Compensation?
Those who fulfill conditions such as insurance period and number of premium days for retirement, except for age, can receive severance pay by obtaining a letter from the Social Security Institution (SGK).
To obtain a severance pay letter from SGK, certain conditions must be met:
– Those who started working before September 8, 1999: Must have worked as insured for 15 years and have 3600 premium days.
– Those who started working between September 9, 1999 and April 30, 2008: Must have worked as insured for 25 years and have 4500 premium days or just 7000 premium days.
– Those who started working after May 1, 2008: Must have 5400 premium days.
