What is forced resignation and why does it matter legally?
How does a resignation under pressure differ from a free resignation?
Resignation is the expression of the employee’s unilateral intention to terminate that ends the employment contract. A resignation made freely and knowingly, not based on a ground for cause and not observing the statutory notice periods, may produce results against the employee in terms of severance pay and notice pay. However, where a document that appears to have been drawn up by the employee was in fact prepared by concealing an employment relationship that the employer actually terminated, or because the employee signed it with no other way out left, the legal characterization may change.
The Court of Cassation (Yargıtay) accepts that, for an employee who submitted a resignation letter after their intent was vitiated, the conclusion may be reached that the act of termination was in reality carried out by the employer. On the other hand, a bare statement of “I was under pressure” is not enough for the document to be invalid; the concrete evidence and the course of events are examined. The central question of the dispute is therefore not only “whose signature is it?” but “who ended the contract, with what real intention, and on what legal ground?”
Mobbing (workplace psychological harassment), defect of intent and termination for cause are different things
Mobbing refers to systematic psychological harassment; defect of intent refers to the resignation statement not having been formed freely; and the employee’s termination for cause refers to the employee ending the contract immediately on a ground for cause set out in the law. They can be present together in the same set of events, but they cannot be used in place of one another.
For example, where an employee who is constantly subjected to insults terminates by means of a clear notice letter stating this, the matter is as a rule examined as termination for cause by the employee. Where the employer calls the employee into the office and has a ready-made resignation letter signed under the threat of dismissal, this raises the allegation of an apparent resignation obtained under pressure. The parties’ ending the contract by agreement on specific terms (a mutual termination agreement, ikale) is a third and separate situation.
Common forms of forced resignation
Demanding resignation in return for payment of entitlements and receivables
Telling the employee “first sign the resignation letter, then we will pay your severance and wages” may make the freedom of the intention to resign contestable. Forcing the employee to resign in order to collect past wages, or to gain access to documents such as a passport, a work certificate or personal belongings, may also be a concrete indicator of the allegation. In the decision of the 9th Civil Chamber of the Court of Cassation (Yargıtay 9. Hukuk Dairesi) dated May 6, 2025, E. 2025/647, K. 2025/4102, the file of an employee who claimed to have been compelled to submit a resignation letter in order to have his passport returned was addressed through the real intention, witness statements and the circumstances in which the document was prepared.
Threats, intimidation and deliberately harsher working conditions
It may be alleged that conduct such as saying that the employee’s career will be harmed, arbitrarily removing promotion opportunities, systematic demotion, insults, exclusion, not providing work tools, or continually assigning ineffective tasks was carried out for the purpose of procuring the resignation. In proving this, the complementary structure of the incidents is sought; a restructuring the employer genuinely needed or an objective performance measure must be assessed separately.
Ready-made and pre-printed letters
A ready-made form stating “I am leaving of my own will, without being under any pressure” does not by itself settle the real intention. It must be investigated on what date, by whom, where and during which meeting the form was presented; whether the employee was given an opportunity to review it; and whether the employer prepared a termination letter that day. Conversely, the use of a pre-printed form alone does not in itself prove duress. What is taken as the basis is the relationship between the document and the other records.
SGK exit code and payment records alongside the resignation request
The notification of departure made to the Social Security Institution, a written termination notice, the bank receipt for severance or notice pay, the exit interview form and witness accounts at the workplace may point to different reasons for termination. In this case, instead of treating any one document as the single and conclusive piece of evidence, the reason for the contradiction should be investigated. The SGK exit code is an important record for legal characterization, but it does not by itself determine the final result.
How are resignation, termination for cause by the employee and termination by the employer distinguished?
| End of the contract | Severance pay | Notice pay | Reinstatement assessment |
|---|---|---|---|
| Free resignation by the employee without a ground for cause | As a rule, none | May arise against the employee if the notice period was not observed | As a rule, not applicable because there is no termination by the employer |
| Termination for cause by the employee under Article 24 of Labor Law No. 4857 | Possible if the statutory conditions are met | Does not arise in the employee’s favor | As a rule, not applicable because there is no termination by the employer |
| Termination by the employer without a ground for cause | Possible depending on the conditions | Possible if no notice period was given | Possible under the job security conditions |
| Resignation obtained under pressure that in reality conceals termination by the employer | According to the true nature of the termination | According to the true nature of the termination | Possible subject to the job security and time limit conditions |
| Valid mutual termination agreement (ikale) between the parties | According to the agreement and the criteria of legal protection | As a rule, a different regime from termination compensation | As a rule, not applicable to a valid ikale |
This table is a decision framework; the employee’s status, length of service, reason for termination, date of the event and special contractual provisions must be examined separately in the specific file. In particular, termination for cause by the employee and termination treated as having been made by the employer because of pressure do not give rise to the same compensation result: the former does not give rise to notice pay in the employee’s favor; the latter may, if its conditions are met.
Is the employee’s signature on the resignation letter enough?
Whose signature it is and whether the intention was free are separate questions
The employee may not deny the signature; however, the employee may claim that the document was drawn up under threat, fraud, pressure or deception. In that case, even if the authenticity of the document is verified through signature examination, the content of the intention to terminate must be assessed separately. The employee should set out the pressure and the defect of intent with concrete facts and evidence as far as possible.
The Court of Cassation’s decision accepting the claim: a resignation with a defect of intent
In the decision of the 9th Civil Chamber of the Court of Cassation dated January 17, 2023, E. 2023/30, K. 2023/558, it was explained that a genuine intention to resign may be absent and that a resignation document obtained by the employer through pressure or a promise of compensation must be assessed. The Court of Cassation’s approach shows that the text of the letter does not remove labor-law scrutiny. The outcome of a specific decision must be kept apart from its general statements; it must not be assumed that the same conditions exist in every file.
In the decision of the 9th Civil Chamber of the Court of Cassation dated May 6, 2025, E. 2025/647, K. 2025/4102, the allegation that the employer obtained a resignation letter in exchange for handing over the passport was assessed on the basis of witnesses and other records. That the question of who actually terminated the employment contract changes the compensation result is clearly visible in this body of case law.
The Court of Cassation’s decision rejecting the claim: a bare abstract allegation is not enough
In the decision of the 9th Civil Chamber of the Court of Cassation dated April 10, 2019, E. 2018/11278, K. 2019/8456, the absence of concrete evidence supporting the allegation of resignation under pressure was significant. This decision shows that an allegation of defect of intent is not automatically accepted and that consistent preparation of evidence is indispensable. For a successful application, instead of merely saying “I signed under duress,” the timing and context of the facts must be set out.
What should the employee do first after signing a resignation document under pressure?
Compiling the documents and the chronology
The date of the first meeting, who attended it, the words said to the employee, who brought the ready-made text, any earlier changes in working conditions, other persons dismissed the same day, workplace emails, messages, and camera and door-entry records should be listed. Making a written request to the employer for a copy of the document and for the reason for termination may create a sounder record of evidence.
Framing a claim that matches the legal nature of the termination
The applicant should make clear whether the claim is that “my resignation document is invalid because of a defect of intent and in reality there was a termination by the employer,” or that “I myself ended the employment contract for cause because of psychological harassment.” Although these two claims may arise from the facts of the same file, their legal consequences and the evidentiary relationships are different. How alternative characterizations will be put forward should be planned legally within the framework of the statement of claim and the evidence.
Preserving evidence lawfully
Correspondence to which the employee is a party, payrolls, bank payments, work instructions, witness information and existing workplace records can be preserved in a systematic way. Unlawfully copying confidential data belonging to the employer, intercepting the communications of third parties, or publishing employee files without permission may give rise to other liabilities instead of strengthening the case. Whether making an audio recording is lawful must be assessed separately according to the specific circumstances.
How is forced resignation distinguished from a mutual termination agreement (ikale) and a release (ibraname)?
A mutual termination agreement (ikale) must be made with free intent
An ikale is the employee and the employer ending the employment contract by agreement. If there is pressure on the employee, or if the transaction in reality conceals a unilateral termination by the employer, the validity of the agreement may be contested. Protection of the employee, a reasonable benefit and concrete reciprocal performances are significant in the practice of the Court of Cassation. What is decisive is not the title of the text the employee was made to sign but its actual content.
A release (ibraname) should not be assumed to eliminate rights
Article 420 of the Turkish Code of Obligations (TBK) lays down special validity conditions for a release (ibra) concerning service contracts. It is not possible for a statement such as “I have received all my receivables,” signed by the employee immediately upon leaving, to be treated as a valid release in every case. The type and amount of the payment, whether it was made through a bank, and the statutory time-limit conditions must be assessed separately. The content of the document is not conclusive proof that the resignation was made with free intent.
From which event do the termination and litigation time limits begin to run?
The one-month mediation period for reinstatement
If it is claimed that there was in reality a termination by the employer, then for an employee within the scope of job security, the time limits under Labor Law Article 20 come into play: applying to a mediator within one month from the date of notification of the termination notice and, if no agreement is reached, filing an action within two weeks from the final minutes. An employee’s signing a document under pressure may make the date of termination and the fact of notification themselves contestable; an assessment should therefore be made without delay to be safe on the time limits.
The effect of Labor Law Article 26 in termination for cause
Where the employee carries out a termination for cause by relying on a breach of the rules of morality and good faith under Labor Law Article 24(II), the provision of Article 26 on six business days from the time of learning and in any case one year from the act may be significant. In continuing acts, the fact of a continuing violation is examined separately; a generalization such as “in mobbing the time limit never runs” or “it runs from the first date for all events” must not be made.
Mediation and the statute of limitations for employment claims
Under Labor Courts Law No. 7036, mediation is a condition precedent to litigation for a significant part of employee–employer claims and compensation demands. The statute of limitations for employment claims and the time limit for bringing an action (hak düşürücü süre) prescribed for reinstatement are different. The suspension rule concerning the statute of limitations and the time limit for bringing an action in mediation must also be applied correctly according to the type of application.
Which documents can be more effective in proof?
| Document or record | What it may show | Risk to watch |
|---|---|---|
| Resignation document, original copy | Signature, date, writing style, content of the request | Later filling-in, ready-made form, defect of intent |
| SGK notification of departure | The reason for departure that the employer reported to the authority | Not a conclusive legal characterization by itself |
| Witness accounts | The pressure meeting, the content of the threat, who presented the document | Distinction between what was seen and what was heard |
| Workplace emails and messages | A call to leave the job, a promise of payment, demotion | Lawfulness of how they were obtained |
| Bank and payroll records | Timing of payment of receivables, contradictory termination calculation | Accuracy of the explanations and deductions |
| Performance and disciplinary records | When the employer’s justification arose | Objectivity, comparability, consistency |
These records must be assessed together. No single piece of evidence has absolute superiority. If the employer has objective evidence that the employee actually and freely resigned, that evidence must also be assessed.
Legal and corporate risks for the employer
Pressure to resign can enlarge the legal dispute
Creating a resignation document instead of a genuine termination by the employer may lead to serious disputes concerning severance and notice pay, reinstatement, discrimination and bad-faith allegations. The employer should record the real reason for termination clearly, should not force employees to sign pre-printed texts, and should keep dated records of every meeting.
Counter-argument and the possibility of defense
The employer may argue that the employee wanted a career change of their own will, moved to another job, had prepared the resignation document in advance, or was genuinely aware of certain rights. This defense must be proved through correspondence, employee statements, the earlier course of the employment relationship and payment records. Neither an allegation of pressure without documents nor a defense of free resignation without documents can be expected by itself to produce a conclusive result.
Conclusion
The signature on the resignation letter does not by itself determine how the dispute will be resolved. A free resignation, termination for cause by the employee and a resignation obtained by coercion that in reality conceals termination by the employer are subject to different legal consequences. The nature of the termination must be determined by assessing together the circumstances in which the document was signed, the chronology of events, the employer’s statements and independent evidence. Because of the reinstatement and termination-for-cause time limits in particular, an incorrect legal characterization and a late application can lead to a serious loss of rights.
Frequently Asked Questions
I signed a resignation letter; does that mean I can no longer bring an action?
No. The signed document is important evidence, but pressure, fraud, threat or another defect of intent may be raised. The allegation is assessed on the basis of concrete evidence.
Is it lawful for the employer to say “resign and we will pay you your money”?
Depending on the context of the statement, an allegation of pressure and defect of intent may arise. The employee’s free intent and the real reason for termination as shown by documents must be investigated.
If I terminate on my own because of mobbing, will I receive notice pay?
An employee’s immediate termination for cause does not, as a rule, give rise to notice pay in the employee’s favor. However, if it is proved that there was in reality a termination by the employer, the result may change.
Does the letter I signed under pressure prevent me from receiving severance pay?
It is not an obstacle by itself. How the employment contract actually ended and the substantive conditions of severance pay are decisive.
How can I prove that the resignation was obtained under pressure?
Eyewitnesses, dated correspondence, promises of payment, the SGK notification, performance records, earlier mobbing incidents and a consistent account of the events can be assessed together.
How long do I have for reinstatement?
If it is claimed that there was a termination by the employer and the job security conditions are met, there is a period of one month from notification of the termination notice to apply to a mediator and two weeks from the minutes recording the failure to reach an agreement to file an action.
Are a mutual termination agreement (ikale) and a resignation the same thing?
No. An ikale is a mutual agreement; a resignation is the employee’s unilateral statement of termination. What is taken as the basis is the real legal nature of the document, not its name.
If the employer had me sign a pre-printed resignation form, is it automatically invalid?
No. A pre-printed form may be one of the circumstances that strengthen the allegation of pressure; however, free intent and the evidence must be assessed in the specific case.
Is it mandatory to send the employer a notary notice?
It cannot be said that a notary is required for every termination and dispute. However, a written notice whose receipt can be proved matters for proving the reason and the date of termination.
I kept working after signing the resignation; what is the result?
Continued work matters as to whether the document was acted upon and what the parties later agreed. The actual time of termination must be determined separately.
Sources and legal bases
- Labor Law No. 4857, Articles 17, 20, 24 and 26 — termination, reinstatement and grounds for cause.
- Turkish Code of Obligations No. 6098, Articles 417 and 420 — personality rights and release.
- Labor Courts Law No. 7036, Article 3 — mediation.
- 9th Civil Chamber of the Court of Cassation, January 17, 2023, E. 2023/30, K. 2023/558 — assessment of defect of intent.
- 9th Civil Chamber of the Court of Cassation, May 6, 2025, E. 2025/647, K. 2025/4102 — allegation of resignation under pressure and the real termination.
- 9th Civil Chamber of the Court of Cassation, April 10, 2019, E. 2018/11278, K. 2019/8456 — a case in which defect of intent could not be proved.