Objection to Employer's Unlawful Dismissal Without Compensation Using SGK Codes (Code-29, 46)

General Overview of Employer's Unjust Terminations Without Compensation Using SGK Codes

The use of codes such as Code-29 and Code-46 in terminations often leads to employees being terminated without compensation. These codes affect the employee's rights to severance pay, notice pay, and unemployment benefits, and are often applied in bad faith by the employer. If the employer reports these codes without concrete evidence, the right to legal objection and litigation arises.

Legal Basis of Code-29 and Code-46

Code-29 means "termination due to behavior contrary to the rules of ethics and good faith by the employer" in SGK exit notifications and is essentially related to the legitimate termination circumstances regulated under Article 25/II of the Labor Law No. 4857. Code-46, on the other hand, generally corresponds to allegations of misuse of the employer's trust, theft, or disclosure of trade secrets and is again associated with the circumstances under the same article.

The use of these codes directly affects the employee's rights to severance pay and unemployment benefits; therefore, the basis of the code and the existence of concrete evidence become legally decisive. For official comprehensive explanations regarding the scope and usage principles of SGK exit codes, refer to the relevant documents. Example documents include the guide on SGK exit codes used in termination of employment contracts.

Effects of Unjust Code Usage on Employees

Severance Pay: The employer's notification of termination using Code-29 or Code-46 can directly prevent employees from claiming their severance pay. However, if the court determines that the code is unjust, the right to compensation arises.
Notice Pay: Notice pay can also be requested in the case of unjust termination.
Unemployment Benefits: The notification of Code-29/46 under Law No. 4447 may affect the right to unemployment benefits; {/* according to the source, SGK review is necessary */} it is possible to appeal the SGK decision.
Moral and reputational damages: Allegations of violations of ethics and good faith can particularly harm the employee's reputation in the job market; a legal claim for compensation may arise.

Unjust Code-29/46 Objection Process — Step by Step

The path to take against unjust code usage generally involves the following steps. It is important to act in a timely and documented manner at each step.

1. Immediate Notary Warning and Evidence Collection

Send a notice to the employer via notary shortly after termination (preferably within a few days). Clearly state in the notice that the code is unjust and that severance and notice pay, along with other rights, are being claimed.
Collect evidence such as witness statements, written notifications, emails, work records, and video recordings.

2. Objection to SGK and Request for Correction

You can request the correction of the exit code by applying in writing to the SGK provincial directorate. SGK will conduct an internal review; however, if the employer objects, the matter will be taken to court.
Guides regarding the applications and timelines of SGK processes may provide direction; for detailed application principles, university and professional resources can be consulted: Exit codes guide (university publication).

3. Application for Mediation (Mandatory)

Mediation is mandatory in employee-employer disputes. This process is a short and necessary step before opening a court case.
If an agreement is reached during mediation, the file can be concluded without going to court; if no agreement is reached, a lawsuit is filed in the Labor Court with the mediation record.

4. Filing a Lawsuit in the Labor Court

After receiving the mediation record, a lawsuit is filed in the labor court for the determination of severance pay, notice pay, unemployment benefit rights, and if necessary, moral compensation.
The basis of the lawsuit is the absence of concrete evidence related to the termination or the refutation of the claims. During the court process, inspections, witness hearings, and expert examinations may be conducted.

5. Appeal and Cassation Processes

It is possible to appeal against the decision of the Labor Court to the Regional Court of Appeals and then to the Court of Cassation. These processes can span several years in total.

Timelines and Statute of Limitations

Mediation: There is an obligation to apply for mediation after the termination date; quick action is required in practice.
Statute of Limitations for Lawsuits: The general statute of limitations period for severance and notice pay claims is 5 years. There may be different shorter periods for unemployment benefit applications and SGK objections (e.g., periods specified in SGK internal regulations for notifications).
SGK Code Objection: Timelines for initial applications to SGK and requests for corrections are limited; therefore, action should be initiated immediately after the notification.

Judicial and Court of Cassation Trends (Case Law)

Case law of the Court of Cassation emphasizes that in allegations of Code-29 and Code-46, concrete and objective evidence must be sought. It is not common for termination to be accepted as justified based solely on allegations without evidence such as video recordings, reports, or security inquiries. Particularly during the pandemic, there have been precedent decisions indicating misuse of Code-29; courts have generally evaluated evidence-less terminations in favor of the employee.

Costs and Anticipated Fees

Court Fees: These vary based on the value of the lawsuit, but in 2024-2025, there are percentage-based fees and fixed costs in labor lawsuits (e.g., approximately 1,200–2,500 TL estimated fee).
Attorney Fees: This varies depending on the nature of the case. The estimated range is around 10,000–50,000 TL; in successful cases, the lawyer’s fees are often claimed from the opposing party.
Expert and Other Expenses: Limited advances may be required for expert fees, inspection, and notary expenses.
Mediation: In most cases, it is free or low cost.

Korkmaz Law Office's Service Model

At Korkmaz Law Office, we implement a unique workflow in cases of unjust terminations without compensation. Our priority is to quickly gather concrete evidence of the incident and establish a legal protection line as soon as possible. The process consists of the following stages:

Initial assessment: The termination letter, SGK exit code, and any evidence are quickly reviewed.
Evidence management: Collection of witness statements, arrangement of written documents, preparation of notary notice.
SGK and mediation process: Professional representation in the SGK objection and mediation.
Court process: Effective defense of severance, notice, and other claims in the Labor Court; if necessary, following through with appeal and cassation.

This approach aims to achieve the most efficient result in terms of both time and cost while preventing the employee from suffering a loss of rights.

Practical Recommendations

Document the notification, termination reason, and SGK exit code immediately upon your termination.
Send a notary notice as soon as possible and start preparations for the mediation application.
Seek professional assistance in evidence collection; witness statements and written documents will be decisive in the lawsuit.
Pay attention to timelines for SGK review and code correction requests.

Conclusion

Unjust termination practices by the employer using unjust SGK codes can be effectively contested through a technical and evidence-focused approach. The requirement for concrete evidence in the uses of Code-29 and Code-46 provides protection for the employee. Acting in a timely manner and obtaining legal support are vital for the proper conduct of the process.

Disclaimer: This article is for general informational purposes and does not constitute individual legal advice. We recommend reviewing the current legislation and official sources, and obtaining professional legal assistance to clarify your specific rights and timelines regarding your situation.