The question of whether an employee who resigns due to marriage is entitled to severance pay is a frequently asked question by those who are newly married and considering leaving their jobs.
The Labor Law No. 4857 regulates today the employment relationships and disputes between employees and employers. Although the Labor Law No. 1475 has been repealed, some of its articles continue to be applied. Article 14 of Labor Law No. 1475 regulates the conditions for receiving severance pay. One of these conditions is when a female worker leaves her job due to marriage.
Conditions for Female Workers Leaving Their Jobs Due to Marriage to Receive Severance Pay
According to the legal provision regulating the conditions for severance pay when leaving the job due to marriage:
"...if the woman terminates the employment contract by her own will within one year from the date of marriage, or if the employment contract terminates due to the death of the employee, the employer shall pay the employee severance pay equivalent to 30 days' wages for each full year of service from the date the employee started working. Payment shall also be made for periods exceeding one year at the same rate."
In other words, if a female employee who gets married applies to her employer with a document proving her marriage within one year from the date of marriage and if she has sufficient service length for severance pay, the employer is obliged to pay severance pay. First of all, the female employee must apply to the employer with a document proving her marriage. Then, the employer will be responsible for paying the severance pay.
What Can Be Done if the Employer Does Not Pay Severance Pay?
If a female employee who resigns due to marriage does not receive severance pay, she should first apply to the mediator, and if an agreement cannot be reached, she should file a lawsuit. In the lawsuit to be filed, severance pay will be calculated and paid to the employee. A female employee who resigns due to marriage can then continue to work at another workplace. This situation does not give the employer the right to refrain from paying severance pay.
Is There a Notice Period When Resigning Due to Marriage?
There is no obligation for a female employee resigning due to marriage to give prior notice to the employer. Therefore, the employee who informs the employer of her resignation for this reason within one year after the marriage does not have to work during the notice period.
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