24.01.2026 23:52
The Court of Cassation ruled that workers employed under the community benefit program are entitled to additional severance pay rights. The decision stated that employees working under the community benefit program are considered "workers" due to the fact that they are working under an employment contract, and therefore, they should benefit from additional severance pay rights.
The Supreme Court's 9th Civil Chamber decided that workers employed under the public benefit program can benefit from additional payment (legal bonus) rights.
ADDITIONAL PAYMENT RIGHT FOR WORKERS
According to the Chamber's decision, the Gaziantep Regional Court of Appeals 7th Civil Chamber ruled that individuals working under the public benefit program can benefit from additional payment, while the Ankara Regional Court of Appeals 7th Civil Chamber ruled that they cannot.
Upon the contradiction, the Presidents' Council of the Civil Chambers of the Gaziantep Regional Court of Appeals applied to the Supreme Court in accordance with Law No. 5235 on the Establishment, Duties, and Authorities of the Judicial Courts of First Instance and Regional Courts of Appeals to resolve the dispute. The Supreme Court's 9th Civil Chamber, which examined the application, ruled that workers employed under the public benefit program can benefit from additional payment rights.
REASONING OF THE DECISION
The Chamber's decision stated that there were previously filed cases due to uncertainties regarding the legal status of individuals working under the public benefit program, and it was expressed that these workers were considered "employees" based on the fact that they worked under an employment contract, according to the files received by the Supreme Court.
In the decision, it was reminded that additional payment would be made to employees working in companies and institutions where more than half of the capital belongs to the state, as well as to municipalities and their affiliated organizations, and it was noted that "workers under the public benefit program also have the right to additional payment due to their employee status." The decision concluded that "According to these explanations, the dispute between the regional court of appeals decisions subject to the application should be resolved in accordance with the decision of the Gaziantep Regional Court of Appeals 7th Civil Chamber."