Resignation of the employee means terminating the employment contract with his/her own will.
Form of Resignation
- Must be in writing (verbal resignation cannot be proven)
- Can be notarized (the safest)
- The signed document must be delivered to the employer
Notice Period (Labor Law. Article 17)
The employee also has the obligation to comply with the notice period:
- Less than 6 months seniority: 2 weeks
- 6 months - 1.5 years: 4 weeks
- 1.5 - 3 years: 6 weeks
- More than 3 years: 8 weeks
If the employee does not comply with the period, he owes notice compensation to the employer may be possible.
Severance Pay
With pure resignation (unless there is a justified reason) the worker cannot receive severance pay. However:
- For a man, resignation due to military service: seniority is taken.
- For a woman, resignation within 1 year due to marriage: seniority is taken.
- For retirement purposes: seniority is taken.
- Resignation forced by the employer: it is considered termination for justified reason, seniority is taken.
Supreme Court 9. HD and 22nd. HD
9. HD accepts that a "resignation forced to sign" will be considered invalid, and the possibility that the employer received it under pressure should be evaluated.
After Resignation
- The employer must provide a employment certificate
- SGK resignation notification is made
- Unused annual leave fee is paid
Labor law lawyer recommended.