23.08.2026 16:11
In employee-employer cases, even a one-day delay in the worker's salary opens the door to justified termination. The Court of Cassation ruled that severance pay must be paid to a worker who resigned because his salary was delayed by 20 days.
The Labor Law strengthens the worker's hand for justifiable termination in case of delayed wage payment. In its established precedents, the Court of Cassation considers even a one-day delay as grounds for the worker to terminate the employment contract for just cause.
AFTER SALARY WAS DELAYED BY 20 DAYS, HE TURNED TO THE COURT
An employee named N.D., whose salary was delayed by 20 days, knocked on the door of the Labor Court. Claiming that he had justifiably terminated his employment contract due to non-payment of wages under Article 24 of Labor Law No. 4857, he demanded severance pay, annual leave pay, and overtime pay, along with interest, to be collected from the defendant.
The defendant company's lawyer argued that, according to Court of Cassation practice, short-term delays do not grant the employee the right to terminate for just cause, that the plaintiff's entire leave pay had been paid, and that the plaintiff worked as a project manager and determined his own working hours.
THE COURT RULED IN FAVOR OF THE EMPLOYEE
The court ruled that the plaintiff had justifiably terminated his employment contract, that the wage for the April period was paid on May 28, 5 days after the termination of the contract, that the plaintiff's wages for previous months had been paid at the beginning of the month, and therefore, since the April wage was paid after the 20-day period stipulated by law, the plaintiff was entitled to severance pay. The court decided to partially accept the case, stating that the plaintiff's overtime pay claim should be rejected due to lack of proof.
THE COURT OF CASSATION HAD THE FINAL SAY
When the decision was appealed, the Regional Court of Appeal found the decision appropriate. When the defendant appealed the decision, the 9th Civil Chamber of the Court of Cassation had the final say. The High Court upheld the decision. With this landmark decision, it was stated that an employee whose salary is delayed even by one day will be entitled to severance pay if they resign.