Important Tips for Employees Resigning: Protect Your Rights in Mutual Agreements – Vezir Agency

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Mutual Agreement Between Employee and Employer (Resignation)

When an employment relationship is terminated through mutual agreement, it can sometimes inadvertently lead to the loss of certain employee rights if specific precautions are not taken. One common misconception is that signing a termination agreement automatically disqualifies an employee from receiving unemployment benefits. Additionally, if the termination is initiated by the employee, the employer is generally not obligated to pay severance compensation. Therefore, it is crucial to understand the key considerations involved in drafting and executing such agreements to protect employee rights and ensure legal compliance.

What Are the Essential Considerations in a Termination Agreement?

The primary purpose of a mutual termination or resignation agreement is to prevent the employee from pursuing reinstatement through legal action. As outlined by legal expert Ahmet Kıvanç from Habertürk, it is important to adhere to established legal frameworks when terminating employment contracts via mutual consent. According to Law No. 4857, in workplaces employing 30 or more workers, an employee who has completed at least 6 months of service retains the right to file a reinstatement lawsuit if dismissed without just cause.

To mitigate this risk, employers often opt for mutual agreement termination, which is considered a consensual separation. It is noteworthy that the Labor Law does not explicitly specify rules for mutual resignation agreements. Instead, the validity and enforceability of such agreements have been clarified through various Supreme Court rulings and legal precedents.

Importance of a Formal Agreement and Consent

For a mutual termination agreement to be legally recognized, it must be based on a clear, written proposal from one party followed by acceptance from the other. Without a formal contract or mutual consent, a termination cannot be considered valid or lawful. As Kıvanç emphasizes, the party proposing the agreement must have a legitimate reason or benefit for doing so. This benefit varies depending on whether the termination is initiated by the employer or the employee.

Legal Requirements and Employee Benefits

According to Supreme Court decisions, it is permissible to include provisions in the termination agreement that address:

• Notice and severance pay
• Job security compensation
• Compensation for idle or non-productive time
• Other employee rights, either partially or fully

Importantly, if the termination is executed through a mutual agreement, the employee typically cannot pursue a reinstatement lawsuit. However, it is essential that the agreement provides a reasonable benefit to the employee for it to be deemed valid and enforceable.

Points to Consider When Seeking Severance and Benefits

If the employee requests resignation, the employer is not legally obligated to pay severance or additional benefits unless explicitly stated in the agreement. Conversely, if the employer initiates the termination process, they should include provisions for:

• Legal entitlements such as severance pay
• Additional compensation, often equivalent to four months’ salary for job security
• Other negotiated benefits beyond legal requirements

The 8th Civil Chamber of the Samsun Regional Court of Appeal clarified this in a case dated January 22, 2025 (File No: 2025/114, Decision No: 2025/118), stating that when a resignation agreement is made at the employee’s request, legal severance and compensation must be provided. When initiated by the employer, additional benefits, including a four-month salary for job security, are warranted. Courts are also vigilant against agreements lacking reasonable benefit for the employee, which may be subject to rejection.

Impact on Unemployment Benefits and Reporting Procedures

Employees who voluntarily leave their jobs under mutual agreement are generally ineligible to claim unemployment benefits. Employers sometimes report termination to the Social Security Institution (SOSSGK) using code (04), which indicates an unjustified termination of an indefinite-term contract. Such reports can challenge the validity of the mutual agreement and raise legal questions.

To ensure the validity of employment termination and facilitate proper unemployment benefit claims, the employment exit must be reported using code (22) – ‘Other reasons.’

This article has been developed, translated, and reviewed with the assistance of artificial intelligence. For further details, please refer to our Terms and Conditions section. Vezir Agency