
What Are Employment Termination Codes in Turkey? All SGK Exit Codes and Their Meanings
Employment termination codes are numerical indicators used by employers in notifications submitted to the Social Security Institution (SGK) upon the termination of an employment contract in Turkey. These codes reflect the legal grounds for the termination and serve to standardize the classification of termination reasons. In doing so, they contribute to the orderly maintenance of administrative records and play a crucial role in determining the employee’s wrongful termination rights and obligations.
In practice, the employment termination code is also called the “SGK exit code” or simply the “exit code”, and it appears on the employment termination notification the employer files with the SGK in Turkey. The code does not create a right on its own; however, it is the first record checked for severance pay, notice pay and unemployment benefit claims. The main rules that give the exit code its legal weight are as follows:
- Written and reasoned termination: Pursuant to the provisions of Labor Law No. 4857, any notice of termination issued by the employer must be delivered in writing and must clearly, definitively, and justifiably state the grounds for termination.
- Electronic notification to the SGK: The reason for the termination must be notified not only to the employee but also to the Social Security Institution electronically, together with the effective date of termination.
- Consistency between the code and the employee’s rights: In the notification made through SGK’s online system, the selected employment termination code must be consistent with the legal consequences of termination, such as the employee’s entitlement to severance or notice pay.
Accordingly, any incorrect or misleading declaration of the SGK termination code may result in legal disputes for both parties and must therefore be approached as a legally and technically sensitive matter. Where the code contradicts the real reason for termination, Turkish courts are bound by the real reason, not by the 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 in Turkey. 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.
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. Under Turkish practice, the exit code affects the following areas:
- Severance and notice pay: 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.
- Unemployment benefit: İŞKUR (Turkish Employment Agency) relies on the exit code in the SGK records when assessing an unemployment benefit application; an incorrect code usually leads to an immediate rejection.
- Loss of rights for the employee: An incorrect or misleading employment termination code may deprive the employee of key rights such as severance pay or unemployment benefits.
- Risk for the employer: 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. The summary below compares what the code means for each side in Turkey.
What Is the Employment Termination Notification in Turkey and When Must It Be Filed?
In Turkey, the employment termination notification (işten ayrılış bildirgesi) is the official form that reports the employee’s date of leaving and the reason for leaving (the exit code) to the SGK, and the employer must file it within 10 days of the termination. This obligation is set out in Article 9 of Social Insurance and General Health Insurance Law No. 5510. The form is filed electronically through the employer’s e-Bildirge system.
The exit code is one of the mandatory fields of the termination notification under Turkish law. The form also contains the following information:
- Identity details of the insured employee: Turkish ID number and full name.
- Date of leaving and exit code: The day the employment contract ended and the SGK code showing the reason for termination.
- Premium and earnings data: The number of premium days and earnings subject to premium for the month of leaving and the previous month.
- Occupation code and missing days: The employee’s occupation and any days not worked.
What Happens If the Termination Notification Is Not Filed on Time in Turkey?
Under Turkish law, if the termination notification is not filed on time or not in the form and manner set by the SGK, an administrative fine is imposed on the employer under Article 102(1)(j) of Law No. 5510. The fine is one tenth of the minimum wage for each insured employee and may not exceed the ceiling set by the law for such acts committed within one calendar month. Until the form is filed, the exit does not appear in the employee’s e-Devlet record, which also delays the employee’s unemployment benefit application.
If the employee notices that no notification has been filed although the contract has ended, he or she may apply to the SGK provincial directorate or social security centre in Turkey to report the situation. In such cases the SGK may issue an ex officio termination notification based on its findings (Code 41).
The steps that the employer and the employee should follow are shown below in order under Turkish law. Complying with these deadlines prevents both the risk of an administrative fine and a loss of rights for the employee.
How Can the Employment Termination Code Submitted to the SGK Be Accessed in Turkey?
To access the SGK termination code, the employer must have properly submitted the employee’s termination notification through the Social Security Institution’s system under Turkish law. This code, which is reported by the employer upon the termination of the employment contract, specifies the reason for the employee’s departure in Turkey.
If the employer has duly recorded the employee’s termination in the Turkish SGK system, the code will be visible to the employee. The following methods can be used to access this information:
- 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.
- 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.
- Service Certificate and a Copy of the Notification: Employers are required to issue a service certificate for each employee whose contract is terminated. The service certificate shows the type and duration of the work; it is not mandatory for it to include the exit code reported to the SGK, so the employee may also ask the employer for a copy of the termination notification.
Where Is the Exit Code Shown on e-Devlet in Turkey?
In Turkey, the exit code appears on e-Devlet in the SGK’s “Employment Start/Termination Notifications” (İşe Giriş/İşten Ayrılış Bildirgeleri) service, as the “reason for leaving” in the details of the notification filed by the employer. The service statement screen shows the periods worked; the code itself is seen by opening the notification details. To find where the exit code is shown, the steps are:
- Log in to e-Devlet: Sign in to turkiye.gov.tr with an e-Devlet password, e-signature or mobile signature.
- Search for the service: Type “İşe Giriş/İşten Ayrılış Bildirgeleri” in the search field and open the SGK service.
- Select the notification: Choose the termination notification filed by the relevant employer.
- Read the code: The exit code and its description are shown on the notification, which can be downloaded as a PDF.
The code does not appear on e-Devlet until the notification is processed. Since the employer may file the form until the end of the 10-day period, the absence of the code right after leaving is not in itself a defect; if the period has passed and there is still no record, the employee should apply to the SGK in Turkey.
What Are the SGK Employment Termination Codes in Turkey?
When an employee leaves their job in Turkey, 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 under Turkish labour law. 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 current list in Turkey covers codes 1–50; codes 6 and 7 do not appear on the list, and Code 29 was removed in 2021. The codes can be grouped according to which party ended the contract and for what reason:
The SGK exit codes and their meanings are explained below. Under each code, the situation in which the code is used and its main consequences for the employee in Turkey are set out.
SGK Code 1 – Termination of a probationary employment contract by the employer in Turkey
During the probation period, the employer may terminate the contract without notice or compensation in Turkey. In this case, Code 1 is used in the SGK system. The termination is evaluated under Article 15 of the Labor Law No. 4857. Under Turkish law the probation period may be at most two months, or at most four months under collective bargaining agreements; the employee receives the wages and other rights for the days worked during probation.
SGK Code 2 – Termination of a probationary employment contract by the employee in Turkey
The employee has the right to terminate the contract during the probation period without providing a reason under Turkish law. Notification to SGK is made with Code 2, based on Article 15 of Law No. 4857. In Turkey, neither the employee nor the employer is required to observe a notice period when terminating during probation.
SGK Code 3 – Termination of an open-ended employment contract by the employee in Turkey (resignation)
If the employee resigns by notifying the employer, Code 3 is used in Turkey. No severance, notice pay or dismissal compensation in Turkey is granted. The termination is made under Article 17 of Law No. 4857.
An employee who resigns in Turkey cannot receive unemployment benefit; if the employee leaves without observing the notice period, he or she may have to pay notice pay to the employer. If the employee is leaving because of a breach by the employer (such as unpaid wages or unpaid overtime), the correct code is not 3 but Code 23, 24 or 25, which show termination for just cause.
SGK Code 4 – Termination of an open-ended employment contract by the employer without just cause in Turkey
If the employer ends the contract without stating just cause, Code 4 is reported to SGK under Turkish law. Severance and notice pay may be owed. The termination is based on Article 17 of Law No. 4857.
In Turkey, Code 4 is also used where the employer terminates with notice on a valid ground under Article 18 of Law No. 4857. An employee dismissed with this code may have the following rights:
- Severance pay: Paid to an employee who has worked for at least one year.
- Notice pay: Paid if the employer did not observe the notice period in Article 17 of Law No. 4857.
- Unemployment benefit: If the premium conditions are met, unemployment benefit can be obtained from İŞKUR.
- Reinstatement: An employee covered by job security may claim reinstatement by applying to a mediator within one month of the termination notice.
SGK Code 5 – Expiry of a fixed-term employment contract in Turkey
If a fixed-term contract ends due to the expiration of its term, Code 5 is used under Turkish labour law. The expiry of a fixed-term contract is not a termination; therefore, under Turkish Court of Cassation practice, neither severance pay nor notice pay arises as a rule. However, fixed-term contracts concluded one after another (chained) without an essential reason are deemed open-ended from the outset under Article 11 of Law No. 4857; in that case, ending the contract is treated like a termination by the employer and severance and notice pay may become due if their conditions are met. This is considered a natural end of the contract. An employee leaving with Code 5 may also receive unemployment benefit if the premium conditions are met.
In its decision Turkish Court of Cassation, 9th Civil Chamber, E. 2022/2226, K. 2022/2943, 08.03.2022, the Chamber stressed that the expiry of a fixed-term employment contract in Turkey is not a termination and that the contract ends automatically without any notice. Noting that Article 14 of Law No. 1475 does not list this situation among the grounds for severance pay and that notice pay cannot arise in a fixed-term contract, the Chamber reversed, in the interest of the law, a judgment awarding severance and notice pay.
SGK Code 8 – Retirement (old-age) or lump-sum payment in Turkey
When an employee becomes eligible for an old-age or disability pension from SGK, they may terminate the employment in Turkey. Code 8 is reported, and severance pay is owed under Article 14 of Law No. 1475, which remains in force. An employee who receives a lump-sum payment instead of an old-age pension also leaves with this code and is entitled to severance pay.
SGK Code 9 – Termination due to disability retirement in Turkey
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 in Turkey.
SGK Code 10 – Death in Turkey
In the event of an employee’s death, the contract terminates automatically, and Code 10 is used under Turkish law. If severance pay conditions are met, it may be paid to the heirs under Turkish inheritance law. The termination is regarded as a natural end of the contract under labour law.
SGK Code 11 – Death due to a work accident in Turkey
If the employee dies due to a workplace accident, Code 11 is used in Turkey. Survivor benefits and other social security rights apply, and the employer’s liability regarding the accident may be assessed. Compensation claims may be made by heirs in probate process in Turkey.
SGK Code 12 – Military service in Turkey
If a male employee leaves for military service, Code 12 is used under Turkish law. The employee becomes entitled to severance pay under Article 120 of Law No. 4857 and relevant provisions. The direct basis of the severance pay right in Turkey is Article 14 of Law No. 1475, which is kept in force by Article 120 of Law No. 4857.
SGK Code 13 – Resignation of a female employee due to marriage in Turkey
If a female employee voluntarily terminates her contract within one year of marriage, Code 13 is used under Turkish labour law. Severance pay is granted under Article 14 of Law No. 1475, which remains in force. Under Turkish law the employee must have worked for at least one year to receive severance pay; an employee leaving due to marriage cannot receive unemployment benefit.
SGK Code 14 – Fulfillment of retirement conditions except age in Turkey
If the employee fulfills all retirement conditions except age, Code 14 is used in Turkey. The employee must obtain a letter from the SGK confirming eligibility under Article 14 of Law No. 1475 (the “may receive severance pay” letter) and submit it to the employer. Severance pay is granted under Article 14 of Law No. 1475.
SGK Code 15 – Collective dismissal in Turkey
If the employer terminates the contracts of multiple employees simultaneously due to economic, technological, or structural reasons, Code 15 is used under Turkish law. This is defined under Article 29 of Law No. 4857. The employer must notify the workplace union representatives, the relevant regional directorate and the Turkish Employment Agency in writing at least thirty days in advance. Employees dismissed with this code may benefit from severance pay, notice pay and unemployment benefit in Turkey.
SGK Code 16 – Transfer to another workplace of the same employer before contract ends in Turkey
If the employee is transferred to another workplace of the same employer, Code 16 is used in Turkey. This is a technical process, not an actual termination. Employment continues uninterrupted. The situation searched for in practice as “dismissal with Code 16” is therefore not a real dismissal; exit code 16 only shows that the employee has been transferred to another workplace of the same employer.
Under Turkish law, since the employment contract does not end with Code 16, no severance pay is paid and no unemployment benefit can be obtained. The main points to know about Code 16 are:
- Length of service is combined: The employee’s service at the old and new workplaces counts as uninterrupted service with the same employer; severance pay is later calculated over the whole period when the contract actually ends.
- Entry at the new workplace: On the day of transfer an exit with Code 16 is filed for the old workplace and an employment start notification for the new one; the two records appear one after the other on e-Devlet.
- Consent to the transfer: If the transfer is a material change in working conditions, Article 22 of Law No. 4857 requires the employee’s written consent within six working days; if an employee who refuses is dismissed, the correct code is the one matching the nature of the termination, not 16.
- Misuse: If Code 16 was reported although the employment actually ended, the employee may claim correction of the code and severance pay.
SGK Code 17 – Closure of the workplace in Turkey
If the employer closes the workplace, Code 17 is used under Turkish law. Severance and possibly notice pay must be provided. The termination arises from the business’s closure. An employee leaving with Code 17 may receive unemployment benefit in Turkey.
SGK Code 18 – Completion of the work in Turkey
If the job is completed or the employer ceases the activity, the contract ends with Code 18 under Turkish labour law. Severance pay may apply, and this is considered a valid reason for termination. However, if the contract is a fixed-term contract tied to the completion of a specific job, it ends automatically when the job is finished and no severance pay arises. Code 18 is used especially for construction sites, projects and subcontracted work, and it gives rise to unemployment benefit.
SGK Code 19 – End of the season in Turkey
In seasonal jobs, where the employment contract is suspended at the end of the season, Code 19 is used in Turkey. It reflects the seasonal nature of the work. An employee whose contract is suspended at the end of the season is re-engaged in the new season; in that case the employment relationship is not deemed terminated. According to the SGK’s code description, if the contract will not be resumed, Code 4 is used instead of Code 19.
SGK Code 20 – End of a campaign in Turkey
For projects or campaigns with defined terms, Code 20 is used under Turkish law when the contract is suspended upon completion. If the contract will not be resumed, the SGK’s code description requires Code 4 instead of Code 20. This code is used in periodic work. Workplaces operating in campaign periods, such as sugar factories in Turkey, are the typical users of this code.
SGK Code 21 – Change in employment status in Turkey
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 in Turkey. This is a technical adjustment, not a termination. Since the employment relationship continues, no severance pay or unemployment benefit arises.
SGK Code 22 – Other reasons in Turkey
Code 22 is used for other reasons not covered by previous codes under Turkish law. These reasons must be documented specifically, though the scope of this code is broad and may lead to ambiguity.
Dismissal with Code 22 does not, on its own, remove the right to severance or notice pay in Turkey; the rights are determined by the real reason for termination. In practice, the following points stand out for Code 22:
- Mutual termination (ikale): In mutual termination agreements, where the employee and employer end the contract by agreement, the exit is usually reported with Code 22; compensation and other payments are set by the agreement.
- Unemployment benefit: Code 22 is not among the codes for which İŞKUR grants unemployment benefit. If it was actually a dismissal by the employer but Code 22 was reported, the code must be corrected to obtain the benefit.
- Documentation: When using Code 22, the employer should document the reason for termination in writing; otherwise the code may be regarded as having been used to hide the real reason.
SGK Code 23 – Termination by the employee due to compelling reason in Turkey
If compelling reasons arise that require work at the employee’s workplace to stop for more than one week, the employee may, under Turkish labour law, terminate the contract using Code 23. This falls under Article 24/III of Law No. 4857. This termination gives rise to severance pay and unemployment benefit. A compelling reason that prevents the employee from working for more than one week is, before the Turkish courts, a separate ground giving the employer a right to terminate (Article 25/III of Law No. 4857) and is reported with Code 27.
SGK Code 24 – Termination by the employee due to health reasons in Turkey
If the employee terminates the contract due to health issues, Code 24 is used under Turkish labour law. This is based on Articles 24/I-a and 24/I-b of Law No. 4857. Severance pay is owed; since termination for just cause is made without notice, notice pay does not arise.
SGK Code 25 – Termination by the employee due to employer’s misconduct in Turkey
In Turkey, 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 pay is owed; as the termination is made without notice, notice pay does not arise.
In Turkey, unpaid or underpaid wages, unpaid overtime, under-reported social security premiums and mobbing are among the most common just causes resulting in Code 25. The employee must terminate within six working days of learning of the reason (Article 26 of Law No. 4857).
SGK Code 26 – Termination by employer based on disciplinary board decision in Turkey
If the contract is terminated via a disciplinary board decision, Code 26 is used in Turkey. The legality and validity of the decision must be assessed separately. The grounds for termination must be clearly documented. The existence of a disciplinary board does not remove the employee’s right to challenge the reason for termination and claim reinstatement in Turkey.
SGK Code 27 – Termination by employer due to compulsory reasons or detention in Turkey
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 Articles 25/III and 25/IV of Law No. 4857. Severance pay is paid. Termination due to custody or detention is possible where the absence exceeds the notice period; an employee leaving with this code may receive unemployment benefit from İŞKUR in Turkey.
SGK Code 28 – Termination by employer due to employee’s health in Turkey
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. In a termination for just cause on health grounds no notice pay arises; however, severance pay is paid under Article 14 of Turkish Law No. 1475.
SGK Code 29 – Termination by employer due to employee’s misconduct in Turkey (REMOVED)
Previously, employers used Code 29 for justified terminations due to employee misconduct under Article 25/II of Turkish Law No. 4857. No severance or notice pay was granted. The code was removed due to misuse by employers. Code 29 was replaced by Codes 42–50, a separate code for each sub-paragraph of Article 25/II.
SGK Code 30 – Expiration of work visa in Turkey
In cases where the employment contract of a foreign national employee is suspended due to the expiration of their work visa, SGK code 30 is used under Turkish law. If the visa is not renewed and the contract will not be resumed, the SGK’s code description requires Code 4 instead of Code 30. 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 in Turkey (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 in Turkey. Severance pay may apply depending on the law. Code 31 is among the codes for which unemployment benefit is granted in Turkey.
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 under Turkish law. Employees who lose their jobs due to privatization may also receive job loss compensation and unemployment benefit.
SGK Code 33 – Termination by a journalist in Turkey
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. Law No. 5953 on the Regulation of Relations between Employers and Employees in the Press Profession sets notice and severance rules for journalists that differ from the Turkish Labor Law.
SGK Code 34 – Termination due to transfer or change in business nature in Turkey
If the workplace is transferred or its nature changes, and contracts are terminated, Code 34 is used under Turkish law. Severance and notice pay may be owed. This is considered a valid reason. Under Turkish law the transfer of a workplace is not in itself a ground for termination; on transfer, employment contracts pass to the transferee with all rights and obligations (Article 6 of Law No. 4857).
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. This code was used for collective transitions to certain posts in public institutions in Turkey.
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 under Turkish labour law. 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 in Turkey. Such dismissals may be based on disciplinary or security grounds and can raise legal issues.
SGK Code 38 – Termination due to childbirth in Turkey
If a female employee chooses not to return to work after childbirth and resigns, Code 38 is used under Turkish law. No severance is granted. The termination is voluntary. An employee leaving due to childbirth cannot receive unemployment benefit either.
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 under Turkish law, 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. Code 40 is among the codes that give rise to unemployment benefit in Turkey.
SGK Code 41 – Termination ex officio by SGK in Turkey
If the SGK issues a termination notice ex officio for various reasons, Code 41 is used in Turkey. 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 under Turkish law. 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. The misrepresentation must have occurred when the contract was concluded; claiming a diploma or experience the employee does not have is a typical example under Turkish law.
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. Under Turkish law, severance and notice pay are not paid. Making groundless accusations or allegations that damage the employer’s honor and dignity also falls under the same sub-paragraph.
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 Turkey. 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. Assaulting the employer, one of the employer’s family members or another employee is regulated not in 25/II-c but in 25/II-d and is reported with Code 45.
SGK Code 45 – Termination pursuant to Article 25/II-d of Labor Law No. 4857
If the employee assaults the employer, one of the employer’s family members or another employee, or comes to work under the influence of alcohol or drugs or uses these substances 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. The employee may file a reinstatement lawsuit in Turkey claiming that the reason for termination is invalid.
SGK Code 46 – Termination pursuant to Article 25/II-e of Labor Law No. 4857
If the employee commits theft, abuse of trust, fraud, or discloses trade secrets, or otherwise acts against honesty and loyalty, the employer terminates the contract using Code 46. This termination is based on just cause under Article 25/II-e of Law No. 4857. In Turkey, 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 commits an offence at the workplace punishable by more than seven days of imprisonment that is not suspended, 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 under Turkish law.
SGK Code 48 – Termination pursuant to Article 25/II-g of Labor Law No. 4857 (absenteeism)
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 in Turkey.
In Turkey, Code 48 for absenteeism can only be used once the absence periods listed in the law are met. Under sub-paragraph 25/II-g, a just-cause termination requires that the absence matches one of the following:
- Two consecutive working days: Failing to come to work for two consecutive working days without the employer’s permission or a just reason.
- Twice in a month after a holiday: Failing to come to work twice in one month on the working day following a holiday.
- Three working days in a month: Being absent for a total of three working days in one month.
In practice, employers record the absence in a report and usually ask the employee for a written defence; if the employee has a just excuse such as a medical report or unpaid wages, termination for absence is not justified. Drawing up the absence report on the days of absence and looking into the employee’s excuse are decisive for proving the termination before the Turkish courts.
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 Turkey. 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. A written warning is of great importance in practice for proving that the duty was reminded.
SGK Code 50 – Termination pursuant to Article 25/II-ı of Labor Law No. 4857
If the employee intentionally or negligently endangers the safety of the work or 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. Under Turkish law, severance and notice pay are not paid. The law requires that the damage to machinery, installations or goods be more than the employee can pay with thirty days’ wages.
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 Article 14 of Law No. 1475, kept in force by Article 120 of Labor Law No. 4857, 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.
In every case, severance pay requires at least one year of service with the same employer in Turkey. 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/III 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.
- Other codes: Severance pay is also paid for contracts ending with Codes 9, 10, 11, 12, 14, 15, 24, 27 and 28 if the one-year service requirement is met. For Code 18 the result depends on the type of contract: severance pay arises if an open-ended contract is terminated by the employer because the work has ended, but not if a fixed-term contract tied to the completion of a specific job ends automatically when the job is finished.
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.
Under Turkish law the notice periods are two weeks for service under six months, four weeks for six months to one and a half years, six weeks for one and a half to three years, and eight weeks for more than three years. 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 an open-ended employment contract is terminated as a result, the employee may be entitled to notice pay, particularly when no replacement hiring occurs. No notice pay arises when a fixed-term contract ends automatically on completion of the job.
- 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. An employee who is dismissed against their will in this way is entitled to compensation.
- 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.
- Code 15 – Collective dismissal: In a collective dismissal in Turkey, the notice periods in Article 17 of Law No. 4857 also apply to each employee; if they are not observed, notice pay is paid.
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. In terminations for just cause made without notice (Codes 23, 24, 25, 27, 28 and 42–50), no notice pay arises.
Which Termination Codes Mean Dismissal Without Severance Pay in Turkey?
In Turkey, the termination codes under which the employee receives neither severance nor notice pay are Codes 1, 2, 3, 38 and 42–50; with Codes 16, 21 and 39 compensation does not arise because the employment relationship does not end. A code without compensation does not mean the employee loses all receivables. Unpaid wages, overtime, weekly rest pay and pay for unused annual leave are paid to the employee under every exit code.
The table below summarizes the general position for the most frequently used codes in terms of severance pay, notice pay and unemployment benefit in Turkey. The results in the table assume that the code reflects the truth; if the code is false, the rights are determined by the real reason for termination.
What Is the Difference Between Resignation (Code 3) and Termination for Just Cause by the Employee (Codes 23–25) in Turkey?
Under Turkish law, resignation (Code 3) is the employee ending the contract without any just cause and gives rise to neither severance pay nor unemployment benefit, whereas termination for just cause by the employee (Codes 23, 24, 25) preserves both rights. In practice, many employees who actually terminate for just cause write “resignation” in their letter and are therefore reported with Code 3, losing their rights. For this reason, the content of the termination letter is more decisive than the code chosen.
The exit code for termination for just cause by the employee in Turkey is determined by the reason for termination:
- Code 23 – Compelling reason: Compelling reasons requiring work at the employee’s workplace to stop for more than one week (Article 24/III of Law No. 4857).
- Code 24 – Health reason: A health risk arising from the nature of the work, or a contagious disease of the employer or another employee (Article 24/I of Law No. 4857).
- Code 25 – Breach of morality and good faith: Situations caused by the employer, such as unpaid wages, failure to apply working conditions, insults, harassment or mobbing (Article 24/II of Law No. 4857).
What Is the Exit Code of an Employee Who Serves Notice Through a Notary in Turkey?
The exit code of an employee who terminates for just cause by notarial notice in Turkey should, depending on the reason stated in the notice, usually be 25, or 24 for health reasons. Stating the reason for termination clearly in the notarial notice is the employee’s strongest evidence if the employer reports Code 3. If the employer still reports the resignation code, the employee may claim correction of the code and severance pay through mediation and litigation.
Why Was SGK Code 29 Removed in Turkey?
SGK employment termination Code 29 was previously used by employers in Turkey 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 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.
Because the dismissal ban introduced in Turkey during the pandemic excluded terminations for breach of morality and good faith, the single general Code 29 became a tool for circumventing the ban. The problems this caused can be summarized as follows:
- Unfair dismissals: The resulting uncertainties in the labor market and instances of unfair dismissals led to significant criticism of the practice in Turkey.
- Groundless reasons: Employers could terminate employees without providing valid reasons or legal grounds by using this code.
- Undermined job security: This practice ended up 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 under Turkish labour law.
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 in Turkey.
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 misled the employer by making false statements about required qualifications or conditions when the contract was concluded. 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 assaults others, 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 an offence at the workplace punishable by more than seven days of imprisonment that is not suspended. 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.
Article 25/2 Exit Codes: Which Code Matches Each Sub-Paragraph of Article 25/II in Turkey?
Each sub-paragraph of Article 25/II of Turkish Labour Law No. 4857 corresponds to a single SGK exit code from 42 to 50. If the termination letter states which sub-paragraph is relied on, the code that must be reported to the SGK can be found directly in the table below. If the sub-paragraph and the code do not match, the notification is incorrect.
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.
Which Rights Does an Employee Dismissed with Codes 42–50 Lose in Turkey?
In Turkey, an employee dismissed with Codes 42–50 loses severance pay, notice pay and unemployment benefit if the termination is justified, but still receives other receivables such as wages, overtime and annual leave pay. These codes show the employer’s termination without notice and without compensation based on Article 25/II of Law No. 4857. Whether the termination is justified is determined not by the code but by the facts the employer must prove.
The right of termination under Article 25/II is subject to two time limits under Article 26 of Law No. 4857. Under Turkish law, a termination made after these periods is not justified, and the employee may claim compensation:
- Six working days: The employer must exercise the right of termination within six working days of learning of the incident.
- One year: In any case, termination must be made within one year of the incident; this one-year limit does not apply where the employee obtained a material benefit from the incident.
1. What Is the Penalty for Dismissal with Code 48 or 46 in Turkey?
Dismissal with Code 48, 46 or 45 does not create a separate fine or criminal record penalty for the employee in Turkey; the “penalty-like” consequence is the loss of compensation and unemployment benefit. If the act forming the reason for termination is also a crime (such as theft or fraud), the criminal investigation proceeds independently of labour law.
The consequences for the employee in Turkey are summarized below.
💰 Severance and Notice Pay Result: Not paid if the termination is justified. Exception: If the termination is found unjustified, the employee receives both. | 🏛️ Unemployment Benefit Result: İŞKUR rejects the application. Exception: If the code is corrected by a court decision, the benefit can be obtained retroactively. |
🧾 Other Receivables Result: Wages, overtime, weekly rest and annual leave pay are paid. Note: These receivables are independent of the reason for termination. | 🔎 New Job Applications Result: The code appears in service records seen with the employee’s consent. Effect: Some employers may consider the candidate risky. |
2. Can an Employee Dismissed with Code 46 or 48 Find a New Job in Turkey?
Being dismissed with Code 46 or 48 is not a legal obstacle to taking up a new job in Turkey; no law prohibits those dismissed with these codes from working for another employer. However, since employers can see past exit codes when the candidate consents or from the service statement the candidate submits, the code may in practice become a screening criterion. Since the service record and the exit code are the employee’s personal data in Turkey, a new employer’s access to this information as a rule depends on a document submitted by the candidate or on the candidate’s consent. If a false code has been reported, having it corrected through litigation is the most effective way to remove its negative effect on the job search.
Does SGK Code 46 Affect the Employee’s Record in Turkey?
Employment Termination Code 46 refers to the termination of an employee’s contract by the employer due to the employee’s conduct contrary to honesty and loyalty in Turkey. This code is based on Article 25/II-e of the Turkish Labour Law No. 4857 and reflects serious disciplinary violations such as abuse of trust, theft, or disclosure of trade secrets. Conduct such as insults is reported with Code 43, not 46. 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.
On Which Record Is Code 46 Entered in Turkey?
The inclusion of this code in the Social Security Institution (SGK) records means it becomes part of the employee’s official record under Turkish law. As a result, it can have negative consequences in future job applications. The SGK does not share exit codes directly with new employers; however, through documents requested from candidates in job applications, such as the service statement, new employers may see 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. The “record” meant here is the SGK service record, not the criminal record; the exit code is not entered in the criminal record in Turkey.
If the employee believes that Code 46 does not reflect the truth or was applied unfairly, the ways to have the code corrected in Turkey are as follows:
- Negotiation with the employer: The employee should first attempt to resolve the issue through negotiation with the employer and ask for the code to be brought into line with the truth.
- Mediation and court action: 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.
- Correction of the record: 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 in Turkey.
What Are the 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 under Turkish labour law. 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. The route to follow depends on when the error is noticed and on the employer’s attitude under Turkish law.
1. Correction Within Ten Days in Turkey
If the employer notices they have reported the wrong termination code, a ten-day correction period begins in Turkey. Within this period, the following can be done:
- Amending the notification: The employer can log into the SGK system and amend the termination declaration.
- Administrative correction: The correct termination code will then be reflected in the administrative process.
2. Joint Application After Ten Days in Turkey
However, after the ten-day period, the employer cannot make the change unilaterally under Turkish law. In this case, the correction can only be made with the joint application of both the employee and the employer. The application process involves:
- Joint application: Both parties applying to the Social Security Center.
- Documents: Relevant documents such as the employment contract, termination notice, and any mediation records are included in the application.
- Outcome: This ensures that the actual reason for termination is recorded correctly in the SGK system.
3. Mediation and Litigation If the Employer Refuses in Turkey
If the employer refuses to approve the change in the code, the employee’s individual application to SGK will, as a rule, not be sufficient in Turkey. A lawsuit to correct the exit code is a declaratory action and is not subject to mandatory mediation; severance, notice pay and other receivables, however, cannot be sued for without first applying to a mediator. In such a case, the following legal steps should be followed:
- Mediation: If the employee will also claim severance, notice pay and other receivables, he or she should first apply for mandatory mediation in Turkey; this step is not required if only the correction of the code is sought.
- Lawsuit: If mediation does not yield a result, or if only the correction of the code is sought, the employee can file a lawsuit in the labor court against the employer.
- Correction of the code: If the court finds that the termination reason is unjustified, the SGK termination code will be corrected based on the court’s decision.
In its decision Turkish Court of Cassation, 9th Civil Chamber, E. 2026/1382, K. 2026/4121, 30.04.2026, the Chamber held that a lawsuit filed against the employer on the ground that the exit code was reported contrary to the facts is a declaratory action under Turkish law. According to the decision, the lawsuit to correct the exit code is not subject to the mandatory mediation requirement under Article 3(1) of Law No. 6100. The Chamber upheld the procedural dismissal of the severance and notice pay claims for which mediation had not been completed, but held that dismissing the code correction request on the same ground was a reason for reversal.
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 Turkish court’s ruling, granting the employee the right to receive unemployment benefits.
4. Is There a Penalty for the Employer for Retroactively Changing the Exit Code in Turkey?
If it is established that the termination notification was not filed on time or not in the form and manner set by the SGK, an administrative fine may be imposed on the employer under Article 102 of Law No. 5510 in Turkey. A retroactive correction is, as a rule, made by the SGK directorate on the basis of documents. In addition, if an employee who meets the unemployment benefit conditions could not receive the benefit because of a wrong code, the employer may be held liable for the employee’s resulting loss; if the employee does not meet the conditions anyway, no such loss arises.
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 Turkey, a lawsuit to change the SGK exit code is an action in which an employee reported with a false code has the court establish the real reason for termination so that the code is corrected. 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.
1. Correction Through a Labor Claim Lawsuit in Turkey
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:
- Submission of the decision: The court decision is submitted to İŞKUR.
- Correction of the code: İŞKUR, based on the court’s decision, ensures the termination code is corrected.
- Granting of the benefit: The employee will then be entitled to receive unemployment benefits.
In Turkey, applying to a mediator is mandatory before filing a lawsuit for severance and notice pay, and these receivables are subject to a five-year limitation period. If an agreement is reached in mediation, stating the reason for termination and the correct exit code clearly in the agreement minutes makes the employee’s İŞKUR application easier.
2. Correction Through a Declaratory Lawsuit and Its Limits in Turkey
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. The 9th Civil Chamber of the Court of Cassation characterises this action, known in practice as a “lawsuit to correct the exit code”, as a declaratory action. The following points should be noted:
- No mediation requirement: The declaratory lawsuit to correct the exit code is not subject to mandatory mediation; even if it is filed together with claims for receivables, the court decides the code request on the merits.
- Final decision: The 9th Civil Chamber has accepted that the employee still has a legal interest in having the code corrected after a reinstatement judgment finding the termination invalid has become final; however, this decision was given by majority, and the dissenting opinion argued that an employee who can apply to the SGK directly with the final judgment has no legal interest in a separate lawsuit.
- Legal interest: 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.
In its decision Turkish Court of Cassation, 9th Civil Chamber, E. 2025/2685, K. 2025/4888, 27.05.2025, the Chamber upheld a judgment, given after a reinstatement judgment finding the termination invalid had become final, declaring that Code 49 had to be changed to Code 4 in Turkey. The decision was given by majority; the dissenting opinion argued that an employee who can apply to the SGK directly with the final judgment has no current legal interest in filing a separate lawsuit.
In the declaratory lawsuit before the Turkish courts, the following points in particular should be observed:
- Current legal interest: The employee must have a current legal interest in correcting the code (e.g. an unemployment benefit application or job applications).
- Separate request: If the code request is brought within an ongoing lawsuit for receivables, it must be stated separately and expressly in the statement of claim.
- Correct defendant: The lawsuit must be filed directly against the employer, not against SGK or İŞKUR.
If the wrong defendant is named or there is no legal interest, the case will be dismissed on procedural grounds. Additionally, judgments in declaratory lawsuits regarding the termination code do not award any receivable and therefore do not have enforceable judgment results. Therefore, in Turkey, if receivables such as severance and notice pay are to be collected, a separate labor claim lawsuit must also be filed.
3. Which Legal Route Should Be Chosen in Turkey?
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 under Turkish law:
- Labor claim lawsuit: File a lawsuit concerning labor claims to determine the unfairness of the termination reason.
- Declaratory lawsuit: File a declaratory lawsuit to request the correction of the termination code.
Under the current practice of the 9th Civil Chamber of the Turkish Court of Cassation, both requests may be brought together in the same lawsuit; mediation is then required for the receivables, while the code request is examined on the merits. 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.
What Are Unemployment Benefit Rights and Application Conditions in Turkey?
Unemployment insurance is a system in Turkey designed to provide financial security to employees who lose their jobs. To benefit from unemployment benefits, certain conditions must be met. In Turkish labor law, factors such as the number of insurance premium days and the reason for the termination of the employment contract are crucial in determining eligibility. The conditions of unemployment benefit are regulated in Article 51 of Unemployment Insurance Law No. 4447.
1. Conditions for Entitlement to Unemployment Benefits in Turkey
To apply for unemployment benefits in Turkey, there are specific conditions set by law, which are as follows:
- Reason for Job Loss: The employee must lose their job involuntarily and not due to their own desire or fault. Voluntarily resigning, such as quitting, does not entitle the employee to unemployment benefits.
- Insurance Premium Payment Period: The employee must have paid unemployment insurance premiums for at least 600 days within the last three years. Additionally, the employee must have worked continuously for the last 120 days, paying premiums.
- Application Period: The employee must apply to İŞKUR (Turkish Employment Agency) within 30 days after the termination of the employment contract. The application can be made in person at İŞKUR or electronically via their website (www.iskur.gov.tr). Applying after 30 days does not extinguish the right entirely; the days of delay are deducted from the benefit period.
2. Amount and Duration of Unemployment Benefits in Turkey
Unemployment benefits are calculated as 40% of the average daily gross earnings, based on the premiums paid over the last four months of employment under Turkish labour law. However, the amount of the unemployment benefit cannot exceed 80% of the gross minimum wage, thus capping the benefit. Additionally, unemployment benefits are not subject to any taxes or deductions, except for the stamp tax. This allows the benefit to provide a net income support.
The duration of unemployment benefits in Turkey depends on the number of insurance premium days. The following outlines the duration of benefits based on the premiums paid:
- For those who have paid 600 days of premiums: Unemployment benefits are paid for 180 days.
- For those who have paid 900 days of premiums: Unemployment benefits are paid for 240 days.
- For those who have paid 1080 days of premiums: Unemployment benefits are paid for 300 days.
3. Termination Codes That Entitle Employees to Unemployment Benefits in Turkey
The employment termination code is a criterion evaluated by İŞKUR for unemployment benefit applications in Turkey. Certain employment termination codes must be used to qualify for unemployment benefits. Below are some valid employment termination codes for unemployment benefit applications:
- SGK Code 18: End of employment
- SGK Code 17: Business closure
- SGK Code 15: Mass layoffs
- SGK Code 4: Termination of an open-ended contract by the employer without just cause
- SGK Code 5: End of a fixed-term contract
- SGK Code 23: Termination by the employee due to compelling reasons
- SGK Code 24: Termination by the employee due to health reasons
- SGK Code 25: Termination by the employee due to the employer’s violation of ethical principles and good faith
- SGK Code 27: Termination by the employer due to compelling reasons or imprisonment
- SGK Code 28: Termination by the employer due to health reasons
- SGK Code 32: Termination due to privatization (Article 21 of Law No. 4046)
- SGK Code 31: Termination under the Turkish Code of Obligations, Trade Union Law, Strike and Lockout Law, without the employee’s fault
- SGK Code 34: Termination due to the transfer of the workplace or change in the nature of the work
- SGK Code 33: Termination by a journalist under their contract
- SGK Code 40: Termination due to failure to transition to public employment (Decree Law No. 696)
These termination codes reflect situations where the employee meets the requirements to apply for unemployment benefits and ensures that the termination reason is correctly reported in the SGK system. Each code defines the reason for termination and the type of benefit the employee is eligible to receive. No unemployment benefit is granted in Turkey for exits with Codes 1, 2, 3, 8, 13, 14, 16, 21, 22, 38 and 42–50.
Unemployment benefits in Turkey are an important state support designed to ensure the financial security of employees and reduce concerns about livelihood. However, to be eligible for unemployment benefits, certain conditions must be met, including the payment of unemployment insurance premiums, the company’s reported reason for termination being in favor of the employee, and adherence to the application timeline. Additionally, the accurate reporting of the employment termination code to SGK is crucial to ensure the employee’s right to unemployment benefits.
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