Can an Employee Who Resigns Voluntarily Claim Notification Compensation?
It is essential for parties to provide written notice to each other within the specified notice period prior to the termination of employment contracts. An employee who wishes to resign must give written notice to the employer, taking into account the notice period, except in cases of justified reasons such as health issues, violations of good faith and morality, or cessation of work. If an employee resigns voluntarily, they are not entitled to notification compensation regardless of the reason for resignation, and no such claim can be made. If the resignation is not based on one of the justifiable reasons above and the employee leaves without observing the notice period, they may be required to pay notification compensation to the employer if demanded.
Can an Employee Resign with Severance Pay Due to Relocation or Changes in Working Conditions?
Employer-employee relationships are regulated within the framework of employment contracts in accordance with legal principles. These contracts define job roles, work hours, working conditions, wages, and other essential terms. An employer who wishes to make changes to the terms of the employment contract, workplace practices, or working conditions must notify the employee in writing and obtain their consent. Changes that are not accepted by the employee within six days are not binding. This does not constitute a special case for severance pay entitlement.
Can an Employee Resign with Severance Pay if Their Salary Is Not Increased?
There is no legal framework governing the frequency or rate of wage increases. Legally, the regulation on wages is limited to the condition that employees cannot be paid below the minimum wage. Other terms regarding wage practices may be specified within the employment contract. In the absence of such provisions, the employer has the discretion over wage policies. If an employee resigns due to a wage increase dispute where no clause is specified in the contract, the resignation is treated as voluntary, and the employee is not entitled to severance pay.
Source: Istanbul Chamber of Certified Public Accountants
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.
