Military service and return to work

Rights of an employee leaving for military service

An employee who terminates the employment contract because of compulsory military service (muvazzaf askerlik) receives severance pay if they have worked for the same employer for at least one year (former Labour Code art. 14(1)(3); only this article on severance pay is still in force). They do not have to observe the notice period and do not pay notice pay. Stating military service clearly as the reason in the letter of termination and attaching the call-up document prevents any later dispute that the employee “resigned”.

The Court of Cassation 9th Civil Chamber upheld, by majority, a judgment accepting the severance pay claim of an employee who left for military service and then did paid military service (bedelli askerlik — exemption from full service on payment of a fee) (Court of Cassation 9th Civil Chamber, 05.11.2015, E. 2014/15064, K. 2015/31360). The dissenting opinion argued that an employee who is not actually called up to arms cannot benefit from this right; for this reason, the outcome in paid military service cases may differ depending on the specifics of the case.

If the employee wishes to return to their former job within two months after discharge, the employer must take them back immediately if there is a vacancy, or otherwise give them priority over other candidates for the first position that becomes vacant. If it does not, it must pay the employee compensation equal to three months’ wages (Labour Code (İş K.) art. 31, last paragraph).