WHAT IS THE EMPLOYMENT TERMINATION CODE?

WHAT IS THE SIGNIFICANCE OF EMPLOYMENT TERMINATION CODES IN TURKEY?

Termination codes used by the Social Security Institution (SGK) are standardized indicators that denote both the reason for the termination of an employment contract and the party initiating the termination. These codes not only describe the legal grounds for ending the employment relationship but also play a central role in determining the employee’s entitlements following termination. In particular, eligibility for severance and notice pay, as well as the right to unemployment benefits, is assessed directly in light of the termination code reported to SGK.

For an employee to fully and accurately benefit from post-termination social security rights, the termination notification submitted to the SGK must reflect the legal reality of the situation. An incorrect or misleading employment termination code may deprive the employee of key rights such as severance pay or unemployment benefits. At the same time, it may expose the employer to legal risks, including administrative sanctions, judicial proceedings, and claims for employee receivables. Therefore, ensuring that employment termination codes submitted to the SGK are determined accurately and in compliance with the applicable legal framework is of critical importance for safeguarding the employer’s legal responsibilities and the employee’s social security rights.

HOW CAN THE EMPLOYMENT TERMINATION CODE SUBMITTED TO THE SGK BE ACCESSED?

To access the SGK termination code, the employer must have properly submitted the employee’s termination notification through the Social Security Institution’s system. This code, which is reported by the employer upon the termination of the employment contract, specifies the reason for the employee’s departure.

If the employer has duly recorded the employee’s termination in the SGK system, the code will be visible to the employee. The following methods can be used to access this information:

1. Via E-Government (e-Devlet): The termination code can be found on the “4A, 4B, and 4C Service Statement” screen within the e-Devlet system. If the employer has submitted the departure notice, the employee can log into the platform and view the code.
2. Official Request from SGK Offices: The employee may apply to SGK directorates or local service units to obtain the termination code directly from official records.
3. Through the Service Certificate: Employers are required to issue a service certificate for each employee whose contract is terminated. This document also includes the SGK termination code reported to the institution.

WHAT ARE THE SGK EMPLOYMENT TERMINATION CODES IN TURKEY?

When an employee leaves their job, the employer must notify the Social Security Institution (SGK) and indicate the reason for the termination by selecting an appropriate exit code. Each code standardizes the reason for the termination of the employment contract and becomes part of the employee’s social security record. These exit codes play a crucial role in determining several legal consequences, such as eligibility for unemployment benefits and entitlement to severance or notice pay.

The SGK exit codes and their meanings are explained below:

• SGK Code 1 – Termination of a probationary employment contract by the employer

During the probation period, the employer may terminate the contract without notice or compensation. In this case, Code 1 is used in the SGK system. The termination is evaluated under Article 15 of the Labor Law No. 4857.

• SGK Code 2 – Termination of a probationary employment contract by the employee

The employee has the right to terminate the contract during the probation period without providing a reason. Notification to SGK is made with Code 2, based on Article 15 of Law No. 4857.

• SGK Code 3 – Termination of an open-ended employment contract by the employee (resignation)

If the employee resigns by notifying the employer, Code 3 is used. No severance, notice pay or worker compensation is granted. The termination is made under Article 17 of Law No. 4857.

• SGK Code 4 – Termination of an open-ended employment contract by the employer without justified reason

If the employer ends the contract without a valid reason, Code 4 is reported to SGK. Severance and notice pay may be owed. The termination is based on Article 17 of Law No. 4857.

• SGK Code 5 – Expiry of a fixed-term employment contract

If a fixed-term contract ends due to the expiration of its term, Code 5 is used. No severance or notice pay is due. This is considered a natural end of the contract.

• SGK Code 8 – Termination due to retirement (old-age or disability pension)

When an employee becomes eligible for an old-age or disability pension from SGK, they may terminate the employment. Code 8 is reported, and severance pay is owed under Article 14 of the repealed Law No. 1475.

• SGK Code 9 – Termination due to disability retirement

If the employee qualifies for disability retirement due to health issues, the contract is terminated with Code 9. A disability pension is granted under Law No. 5510, and severance pay may be applicable.

• SGK Code 10 – Death

In the event of an employee’s death, the contract terminates automatically, and Code 10 is used. If severance pay conditions are met, it may be paid to the heirs under Turkish inheritance law.

• SGK Code 11 – Death due to a work accident

If the employee dies due to a workplace accident, Code 11 is used. Survivor benefits apply, and the employer’s liability regarding the accident may be assessed. Compensation claims may be made by heirs in probate process.

• SGK Code 12 – Military service

If a male employee leaves for military service, Code 12 is used. The employee becomes entitled to severance pay under Article 120 of Law No. 4857 and relevant provisions.

• SGK Code 13 – Resignation of a female employee due to marriage

If a female employee voluntarily terminates her contract within one year of marriage, Code 13 is used. Severance pay is granted under Article 14 of the repealed Law No. 1475.

• SGK Code 14 – Fulfillment of retirement conditions except age

If the employee fulfills all retirement conditions except age, Code 14 is used. The employee must submit a document from SGK proving eligibility. Severance pay is granted under Article 14 of Law No. 1475.

• SGK Code 15 – Collective dismissal

If the employer terminates the contracts of multiple employees simultaneously due to economic, technological, or structural reasons, Code 15 is used. This is defined under Article 29 of Law No. 4857.

• SGK Code 16 – Transfer to another workplace of the same employer before contract ends

If the employee is transferred to another workplace of the same employer, Code 16 is used. This is a technical process, not an actual termination. Employment continues uninterrupted.

• SGK Code 17 – Closure of the workplace

If the employer closes the workplace, Code 17 is used. Severance and possibly notice pay must be provided. The termination arises from the business’s closure.

• SGK Code 18 – Completion of the work

If the job is completed or the employer ceases the activity, the contract ends with Code 18. Severance pay may apply, and this is considered a valid reason for termination.

• SGK Code 19 – End of the season

In seasonal jobs, if the contract is not suspended and the employee will not be re-employed, Code 19 is used. It reflects the seasonal nature of the work.

• SGK Code 20 – End of a campaign

For projects or campaigns with defined terms, Code 20 is used upon completion. If the contract is not suspended and will not resume, termination is valid.

• SGK Code 21 – Change in employment status

If the employee changes status within the same employer (e.g., from contractor to permanent staff), Code 21 is used to close the current record. This is a technical adjustment, not a termination.

• SGK Code 22 – Other reasons

Code 22 is used for other reasons not covered by previous codes. These reasons must be documented specifically, though the scope of this code is broad and may lead to ambiguity.

• SGK Code 23 – Termination by the employee due to compelling reason

If compelling circumstances prevent the employee from continuing to work, they may terminate the contract using Code 23. This falls under Article 24/I of Law No. 4857.

• SGK Code 24 – Termination by the employee due to health reasons

If the employee terminates the contract due to health issues, Code 24 is used. This is based on Articles 24/I-a and 24/I-b of Law No. 4857. Severance and notice pay may apply.

• SGK Code 25 – Termination by the employee due to employer’s misconduct

If the employer acts in bad faith or violates ethical standards, the employee may terminate the contract under Code 25 based on Article 24/II of Law No. 4857. Severance and notice pay are owed.

• SGK Code 26 – Termination by employer based on disciplinary board decision

If the contract is terminated via a disciplinary board decision, Code 26 is used. The legality and validity of the decision must be assessed separately.

• SGK Code 27 – Termination by employer due to compulsory reasons or detention

If an employee is detained long-term or compelling reasons affect the workplace, the employer may use Code 27. This may be considered justified under Article 25/I of Law No. 4857.

• SGK Code 28 – Termination by employer due to employee’s health

If an employee’s health prevents them from working permanently, the employer may terminate the contract using Code 28, based on Articles 25/I-a and 25/I-b of Law No. 4857.

• SGK Code 29 – Termination by employer due to employee’s misconduct (REMOVED)

Previously, employers used Code 29 for justified terminations due to employee misconduct under Article 25/II of Law No. 4857. No severance or notice pay was granted. The code was removed due to misuse by employers.

• SGK Code 30 – Expiration of work visa

In cases where the employment contract of a foreign national employee is suspended or terminated due to the expiration of their work visa, SGK code 30 is used. If the visa is not renewed, the termination is deemed to have taken place. This does not apply to employees who receive their salaries from abroad while residing in Turkey or working at liaison offices. Such situations are subject to specific legal and administrative regulations.

• SGK Code 31 – Termination outside employee’s control (e.g., strikes, union actions)

If employment ends due to reasons such as collective labor agreements, strikes, or lockouts, outside the employee’s will or fault, Code 31 is used. Severance pay may apply depending on the law.

• SGK Code 32 – Privatization-related termination under Law No. 4046

If employment ends due to privatization of public institutions, Code 32 is used in accordance with Article 21 of Law No. 4046. Compensation and other rights must be paid.

• SGK Code 33 – Termination by a journalist

If a journalist covered under Law No. 5953 resigns, Code 33 is used. Severance pay may be due. The termination is evaluated under press labor law.

• SGK Code 34 – Termination due to transfer or change in business nature

If the workplace is transferred or its nature changes, and contracts are terminated, Code 34 is used. Severance and notice pay may be owed. This is considered a valid reason.

• SGK Code 35 – Transition to public service under Law No. 6495

If the employee becomes a civil servant under Law No. 6495, the contract ends and Code 35 is reported. The employee is entitled to severance pay due to the status change.

• SGK Code 36 – Closure of workplace via Decree-Law

If a workplace is shut down under a Decree-Law (KHK) issued during a state of emergency, Code 36 is used. The contract is deemed terminated. Compensation rights depend on the regulations.

• SGK Code 37 – Dismissal from public service via Decree-Law

If an employee is dismissed from public service under a Decree-Law, Code 37 is used. Such dismissals may be based on disciplinary or security grounds and can raise legal issues.

• SGK Code 38 – Termination due to childbirth

If a female employee chooses not to return to work after childbirth and resigns, Code 38 is used. No severance is granted. The termination is voluntary.

• SGK Code 39 – Transition to public employment under Decree Law No. 696

If an employment contract ends due to the transfer of subcontracted workers to public employment under Decree Law No. 696, notification is made to the SGK using Code 39. This is a technical termination, and in practice, the employment relationship continues uninterrupted. No severance pay entitlement arises.

• SGK Code 40 – Termination due to ineligibility for public employment under Decree Law No. 696

If an employee is unable to transition to public employment under Decree Law No. 696 and is therefore dismissed, Code 40 is used. In this case, the employment contract is considered terminated, and the right to severance pay may arise. The termination is based on an objective legal outcome.

• SGK Code 41 – Termination ex officio by SGK

If the SGK issues a termination notice ex officio for various reasons, Code 41 is used. This usually occurs due to prolonged periods of non-notification or findings made by the SGK. The legal basis varies depending on the nature of the action.

• SGK Code 42 – Termination pursuant to Article 25/II-a of Labor Law No. 4857

If the employee provides false information regarding essential elements of the employment contract or misleads the employer, the employer has the right to terminate. Notification is made using SGK Code 42. The termination is based on Article 25/II-a of Law No. 4857. Severance and notice pay are not granted, but entitlements such as unused annual leave and overtime must be paid.

• SGK Code 43 – Termination pursuant to Article 25/II-b of Labor Law No. 4857

If the employee uses insulting language or behaves in a way that offends the honor and dignity of the employer or their family members, the employment contract is terminated for just cause using Code 43. The basis is Article 25/II-b of Law No. 4857. Severance and notice pay are not paid.

• SGK Code 44 – Termination pursuant to Article 25/II-c of Labor Law No. 4857

If the employee sexually harasses another employee, the employer may terminate the employment contract for just cause. In this case, notification is made using Code 44. The termination is based on Article 25/II-c of Law No. 4857. Severance and notice pay are not paid.

• SGK Code 45 – Termination pursuant to Article 25/II-d of Labor Law No. 4857

If the employee engages in fighting, assault, intoxication, or drug use at the workplace, the employer may terminate the contract using Code 45. This constitutes a just cause for termination under Article 25/II-d of Law No. 4857. Severance and notice pay are not paid.

• SGK Code 46 – Termination pursuant to Article 25/II-e of Labor Law No. 4857

If the employee commits theft, abuse of trust, or discloses trade secrets, the employer terminates the contract using Code 46. This termination is based on just cause under Article 25/II-e of Law No. 4857. Severance and notice pay are not paid, but any unpaid overtime or other labor receivables must be paid.

• SGK Code 47 – Termination pursuant to Article 25/II-f of Labor Law No. 4857

If the employee is convicted of a crime resulting in more than seven days of imprisonment without suspension, the employer may terminate the contract using Code 47. The termination is made under Article 25/II-f of Law No. 4857. Severance and notice pay are not paid.

• SGK Code 48 – Termination pursuant to Article 25/II-g of Labor Law No. 4857

If the employee does not come to work without permission or a valid excuse, the employer may terminate the employment contract using Code 48. This situation is explicitly regulated in Article 25/II-g of Law No. 4857. Severance and notice pay are not paid.

• SGK Code 49 – Termination pursuant to Article 25/II-h of Labor Law No. 4857

If the employee insists on not performing their duties despite reminders by the employer, Code 49 is used. In this case, the termination is for just cause. The relevant regulation is found in Article 25/II-h of Law No. 4857. Severance and notice pay are not paid.

• SGK Code 50 – Termination pursuant to Article 25/II-ı of Labor Law No. 4857

If the employee intentionally or negligently causes serious damage to the workplace, the employer may terminate the contract using Code 50. This termination is based on just cause under Article 25/II-ı of Law No. 4857. Severance and notice pay are not paid.

WHICH EMPLOYMENT TERMINATION CODES ENTITLE AN EMPLOYEE TO SEVERANCE PAY IN TURKEY?

Severance pay is a financial entitlement that an employee may claim from the employer upon termination of the employment contract under specific conditions in Turkey. This right is regulated under the Turkish Labour Law and depends on the nature of the employment termination. In this context, SGK (Social Security Institution) exit codes serve as a fundamental reference in determining whether the employee is entitled to severance pay.

The following SGK employment termination codes indicate situations in which the employee becomes entitled to severance pay:

• Code 4 – Termination of the employment contract by the employer without just cause: If the employer terminates the employment contract without relying on any of the just causes stated in Article 25 of the Labour Law No. 4857, the employee becomes entitled to severance pay.
• Code 8 – Termination due to retirement (old age) or lump-sum payment: Employees who qualify for old-age pension or receive a lump-sum payment of their accumulated insurance premiums are entitled to severance pay upon leaving their jobs.
• Code 13 – Termination due to marriage (for female employees): If a female employee terminates her employment contract voluntarily within one year of getting married, she becomes entitled to severance pay.
• Code 17 – Closure of the workplace: If the employer closes the workplace completely, thereby ending all employment contracts, severance pay must be paid to affected employees.
• Code 23 – Termination by the employee due to compelling reasons: If the employee terminates the employment contract based on compelling reasons as per Article 24/I of the Labour Law, severance pay is due.
• Code 25 – Termination by the employee due to the employer’s immoral or unethical behavior: If the employee rightfully terminates the contract due to the employer’s conduct defined under Article 24/II of the Labour Law, they are entitled to severance pay.
• Code 34 – Termination due to the transfer of the workplace or changes in the nature of the job or workplace: If structural changes in the workplace result in the termination of the employment contract, the employee may be entitled to severance pay.

These employment termination codes represent legal grounds for contract termination that result in entitlement to severance pay in favor of the employee. They also play a critical role in ensuring that termination notifications are accurately reflected in the SGK system, thus safeguarding employee rights in Turkey.

WHICH EMPLOYMENT TERMINATION CODES ENTITLE AN EMPLOYEE TO NOTICE PAY IN TURKEY?

Notice pay is a form of compensation based on the obligation of either the employer or the employee to notify the other party within a legally prescribed period before terminating the employment contract in Turkey. If this notice period is not observed at the time of termination, notice compensation becomes payable. The notice period, which varies depending on the employee’s length of service, is regulated by Article 17 of the Labour Law No. 4857. If either party fails to comply with this period, they must pay notice compensation to the other.

Below are the SGK exit codes that may give rise to a right to notice pay:

• Code 4 – Termination of the employment contract by the employer without just cause: When the employer terminates the contract without any just cause, the employee is entitled to notice pay. The employer must observe the legally required notice period; otherwise, compensation must be paid.
• Code 17 – Closure of the workplace: When the employer shuts down the workplace completely, this leads to termination of the employment contract. In such cases, notice pay is owed to protect the employee from financial harm.
• Code 18 – Termination due to the completion of the job: If the job is completed and the employment contract ends as a result, the employee may be entitled to notice pay, particularly when no replacement hiring occurs.
• Code 31 – Termination under the Code of Obligations, Trade Union Law, or the Law on Strikes and Lockouts, not based on the employee’s will or fault: In cases where the employee is dismissed under these laws without it being their fault or voluntary choice, the employer must comply with the notice period and pay notice compensation accordingly.
• Code 34 – Termination due to the transfer of the workplace or changes in the nature of the job or workplace: When changes in the nature of the business or its transfer result in contract termination, the employee must be paid notice compensation if the changes significantly affect their working conditions.

These employment termination codes emphasize the legal obligation of both parties to comply with notice periods when terminating an employment contract in Turkey. Failure to do so results in a legal obligation to pay notice compensation to the affected party.

WHY WAS SGK CODE 29 REMOVED?

SGK employment termination Code 29 was previously used by employers to terminate an employee’s contract based on “the employee’s behavior contrary to moral and ethical principles.” This code referred to the termination of employees who were dismissed due to actions violating the employer’s ethical and moral standards, as outlined in Article 25/II of the Turkish Labour Law No. 4857. However, during the COVID-19 pandemic, despite the government’s ban on layoffs, the misuse of this code became prevalent. Employers started using it as an “easy” justification for dismissals in Turkey, which led to criticisms of unfair terminations.

The resulting uncertainties in the labor market and instances of unfair dismissals led to significant criticism of the practice in Turkey. Employers could terminate employees without providing valid reasons or legal grounds by using this code, undermining job security and violating workers’ rights.

In response to these issues, the Social Security Institution (SGK) implemented a major reform in 2021 by removing Termination Code 29. This regulation aimed to create a more transparent and accountable structure for termination processes. SGK’s decision was a significant step toward encouraging employers to be more careful in their termination decisions and providing better protection for employees. Moreover, the change promoted the correct usage of termination codes, ensuring greater attention to employee rights.

With the removal of SGK Exit Code 29, specific termination codes were introduced to clearly define each type of termination reason. This reform ensured that employers provide clearer and more specific justifications for dismissals, preventing employees from experiencing unjust loss of rights or damage to their reputation. As a result, transparency and legal security in termination processes have been enhanced.

WHAT ARE THE NEW TERMINATION CODES THAT REPLACE SGK CODE 29?

Following the misuse of SGK Code 29, the Social Security Institution introduced new termination codes to classify dismissals in Turkey based on the behavior of employees violating ethical and moral principles, in accordance with Article 25/2 of the Turkish Labour Law No. 4857. This reform plays a crucial role in ensuring that dismissals are based on valid reasons and that employee rights are protected.

With the new regulation, employers are now required to provide more specific and clear reasons for terminating an employee’s contract in Turkey. The newly introduced termination codes are as follows:

• Code 42: Employee made false declarations during the job application process. This means the employment contract is terminated due to the employee providing false information during recruitment.
• Code 43: Employee insults the employer or their family or makes baseless accusations against them. This is considered a serious behavior that damages the trust and environment at the workplace.
• Code 44: Employee engages in sexual harassment in the workplace. Sexual harassment is a disruptive and legally serious behavior that may lead to termination.
• Code 45: Employee comes to work under the influence of alcohol or drugs or uses these substances at work. Such behavior poses serious risks to workplace safety and health.
• Code 46: Employee abuses the employer’s trust, commits theft, or discloses the employer’s trade secrets. These actions cause significant harm to the employer and constitute valid grounds for termination.
• Code 47: Employee commits a crime in the workplace. This refers to illegal behavior at work, resulting in dismissal.
• Code 48: Employee repeatedly and without permission fails to attend work. Frequent unauthorized absences disrupt the workplace order and may be grounds for termination.
• Code 49: Employee persistently refuses to perform their assigned tasks. Failure to fulfill responsibilities negatively affects workplace productivity.
• Code 50: Employee causes significant damage to the workplace due to negligence. This includes damaging workplace property and equipment, which may lead to contract termination.

These new employment termination codes aim to increase transparency in dismissal processes and minimize violations of rights between employees and employers. Through this reform, SGK seeks to eliminate legal uncertainties in workplaces and strengthen the protection of employee rights. These new employment termination codes ensure that employers provide valid and clear reasons for dismissals in Turkey while guaranteeing that employees’ rights are not violated.

DOES SGK CODE 46 AFFECT THE EMPLOYEE’S RECORD?

Employment Termination Code 46 refers to the termination of an employee’s contract by the employer due to “the employee’s behavior contrary to ethical and moral principles.” This code is based on Article 25/II of the Turkish Labour Law No. 4857 and reflects serious disciplinary violations such as theft, abuse of trust, or insults. Therefore, SGK Code 46 not only indicates the reason for dismissal but also reflects a situation that could directly affect the employee’s professional reputation.

The inclusion of this code in the Social Security Institution (SGK) records means it becomes part of the employee’s official record. As a result, it can have negative consequences in future job applications. New employers may review the termination codes on a candidate’s SGK service history, and upon seeing Code 46, they may consider the employee a potentially risky candidate. This could reduce the employee’s chances of finding a new job and make it more difficult to continue their career.

If the employee believes that Code 46 does not reflect the truth or was applied unfairly, they should first attempt to resolve the issue through negotiation with the employer. If a resolution is not reached, they may resort to mediation or legal action. The employee can request the cancellation of Code 46 and the correction of the termination code to reflect the actual reason for dismissal. A court ruling in favor of the employee would require SGK to correct the record, which is crucial to mitigating the negative impact on the employee’s professional reputation.

This process not only ensures legal security for the employee but also provides an opportunity to regain future employment prospects. Therefore, if the employment termination code is mistakenly reported to SGK, it is important for the employee to seek legal advice to correct the situation and prevent any loss of rights.

RESULTS AND SOLUTIONS TO ERRORS IN EMPLOYMENT EXIT CODES IN TURKEY

Incorrect reporting of a termination code by the employer to the SGK (Social Security Institution) is a critical mistake that directly affects the employee’s social security rights. Since İŞKUR (Turkish Employment Agency) relies on the SGK records for unemployment benefit applications, there is a high likelihood of rights being lost due to an incorrect code. Furthermore, potential new employers can evaluate the reason for termination based on the code visible on the e-Government platform, which could lead to negative consequences in terms of the employee’s professional reputation and career opportunities.

In case of incorrect reporting of an employment exit code to SGK, it is primarily the employer’s responsibility to correct the error, but the employee also has the right to actively participate in the process through legal means.

If the employer notices they have reported the wrong termination code, a ten-day correction period begins. Within this period:

• The employer can log into the SGK system and amend the termination declaration.
• The correct termination code will then be reflected in the administrative process.

However, after the ten-day period, the employer cannot make the change unilaterally. In this case, the correction can only be made with the joint application of both the employee and the employer. The application process involves:

• Both parties applying to the Social Security Center.
• Relevant documents such as the employment contract, termination notice, and any mediation records are included in the application.
• This ensures that the actual reason for termination is recorded correctly in the SGK system.

If the employer refuses to approve the change in the code, the employee’s individual application to SGK will not be sufficient. In such a case, the following legal steps should be followed:

• The employee should first apply for mandotary mediation.
• If mediation does not yield a result, the employee can file a lawsuit in the labor court.
• If the court finds that the termination reason is unjustified, the SGK termination code will be corrected based on the court’s decision.

This type of correction not only affects the SGK records but also directly impacts unemployment benefit applications made to İŞKUR. Unemployment benefit claims rejected due to incorrect SGK exit codes will be re-evaluated in light of the court’s ruling, granting the employee the right to receive unemployment benefits.

As a result, due to the potential material and moral loss of rights caused by incorrect termination codes, it is essential to promptly use official correction mechanisms once the mistake is discovered and to seek assistance from a labor law attorney in Turkey. This allows employees to fully protect their social security rights, while employers can avoid administrative penalties and fulfill their legal obligations.

WHAT IS A LAWSUIT TO CHANGE EMPLOYMENT TERMINATION CODE REPORTED TO THE SGK?

In practice, some employers report the termination of employees with codes between 42 and 50, stating “dismissal due to behavior contrary to moral and ethical principles,” which is not accurate. When these codes are used, the employee is unable to benefit from unemployment benefits, and the application to İŞKUR is rejected.

Correcting this situation is often possible through a lawsuit filed by the employee concerning labor claims in Turkey. If the court finds the termination reason unjustified and rules that the employee is entitled to severance and notice pay, the decision becomes final, and the employee can apply to İŞKUR. The following process takes place:

• The court decision is submitted to İŞKUR.
• İŞKUR, based on the court’s decision, ensures the termination code is corrected.
• The employee will then be entitled to receive unemployment benefits.

However, if the employee does not file a labor claim in Turkey, the direct application to İŞKUR based solely on the inability to receive unemployment benefits will be unsuccessful. In such cases, the employee may file a declaratory lawsuit in Turkey. However, there are some legal limitations to this:

• A declaratory lawsuit is only an option if no labor claim lawsuit has been filed previously.
• If the employee has already filed an labor claim lawsuit and there is a final decision, there is no legal benefit in filing a declaratory lawsuit on the same matter.
• In declaratory lawsuits, the legal benefit is a procedural requirement, and it can be raised by either party or observed by the judge during the trial.

For a declaratory lawsuit to be filed, the following conditions must be met:

• No labor claim lawsuit should have been filed previously on the same matter.
• There should be no other ongoing lawsuit regarding the evaluation of the termination.
• The lawsuit must be filed directly against the employer, not against SGK or İŞKUR.
• Otherwise, the case will be dismissed on procedural grounds.

Additionally, declaratory lawsuits regarding the termination code have limited application in labor law and do not have enforceable judgment results. Therefore, if a labor claim lawsuit can be filed, it is not considered legally beneficial to pursue a declaratory lawsuit.

In conclusion, if an employee has been given inaccurate codes between 42 and 50 on their termination declaration and cannot benefit from unemployment benefits because of this, they have two legal options:

• File a lawsuit concerning labor claims to determine the unfairness of the termination reason.
• File a declaratory lawsuit to request the correction of the termination code.

If both lawsuits are filed together, the declaratory lawsuit will be dismissed due to lack of legal benefit. However, if one of the lawsuits is pursued and the final court decision is submitted to İŞKUR, the SGK termination code will be corrected, and the employee will be able to benefit from unemployment benefits retroactively.