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Turkey: Legal routes for retirement and severance pay rights
Legal processes are increasing for Turkish citizens seeking retirement rights under the EYT (Early Retirement Age) regulation. Individuals who worked before September 8, 1999, but whose employment was not properly reported to the Social Security Institution (SGK) or whose premiums were underpaid, are increasingly turning to the courts to prove their actual working periods.
Recent judicial decisions indicate that if individuals can provide concrete evidence of their actual employment, their insurance start dates may be moved forward, allowing them to benefit from EYT. Primary evidence used in these service detection lawsuits includes employment entry declarations, SGK registration numbers, personnel files, payrolls, signed documents, and witness testimonies.
Additionally, employees who have completed the required premium days and insurance period but are waiting for the age requirement must follow specific procedures to claim severance pay. To qualify for severance pay when resigning due to retirement eligibility, workers must obtain an official document from the SGK confirming they have met the necessary requirements before leaving their jobs. Resigning before obtaining this document may result in the loss of severance pay rights. It is recommended that employees formally notify employers of their resignation via a notary to ensure the legal basis for the claim is documented.