Compensation due to marriage

Compensation Due to Marriage | Izmir Employment Law Attorney

Law No. 4857 Labor Law’ Despite the enactment of Law No. 4857, some provisions of the repealed Labor Law No. 1475 are still in effect. These include provisions regarding the termination of employment contracts due to marriage. Labor Law |’Article 14 of the repealed Labor Law No. 1475, as referenced in Article 120 of the current law, remains in effect. According to this article, a female employee may terminate her employment contract within one year of marriage and claim certain labor rights from her employer.

Article 14(e) of the Labor Law No. 1475 stipulates that a woman is entitled to severance pay if she terminates her employment contract voluntarily within one year of her marriage.

According to clear legal provisions, female employees are entitled to severance pay if they terminate their employment contract within one year of marriage. This right is granted only to female employees. Neither the employer nor the male employee has the right to terminate the employment contract based on this provision.

According to this regulation, for a female employee to receive severance pay, her employment contract must still be in effect. In other words, if the employee gets married some time after leaving her job (after her employment contract ends in a way that does not entitle her to severance pay), she will not be entitled to severance pay.

Therefore, the first condition is that the employee's employment contract continues, and the second condition is that if a female employee whose employment contract continues gets married, she must request severance pay from the employer within one year, stating that she got married according to the civil code. If the employment contract is not terminated and severance pay is not requested from the employer within one year from the date of marriage, the employee loses this right. The third condition is that the employee must have worked for at least one year to be entitled to severance pay.

When does the time limit for claiming compensation due to marriage begin?

The one-year period begins on the day of the official marriage ceremony. If a woman leaves her job due to marriage, the employer is obligated to pay her earned severance pay. However, the compensation paid is only severance pay. The employee does not have the right to claim notice pay if they leave their job due to marriage. Furthermore, the female employee is not obligated to work during the notice period. In other words, a female employee can resign at any time within one year of marriage by submitting a resignation request.

What documents are required for the application?

A female employee wishing to terminate her employment contract due to marriage only needs to apply to her employer with a petition including a photocopy of her marriage certificate and request severance pay. For severance pay to be paid, the total length of employment must have exceeded one year by the date of termination of the employment contract, which is one of the conditions for receiving severance pay, as mentioned above.

If a woman terminating her employment contract due to marriage is likely to cause disputes with her employer, it would be more beneficial for the employee to notify the employer of the termination of her employment contract due to marriage through a notary public to avoid any loss of rights.

Can an employee who leaves their job due to marriage find employment elsewhere?

A female employee who leaves her job due to marriage and receives her severance pay cannot be prevented from working again elsewhere. Therefore, a female employee who leaves her job after getting married and receiving her severance pay can easily return to work at another workplace afterwards.

Am I entitled to unemployment benefits?

Regulations concerning unemployment insurance are governed by Law No. 4447. Under this law, an employee who terminates their employment contract voluntarily (resigns) is not eligible for unemployment benefits. The fact that the termination is due to marriage or relocation does not alter the applicable provisions regarding unemployment insurance rights.

For legal advice on this matter, please contact our expert team. Contact Go ahead.

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