There is a 2023 change on this topic and older sources still give the wrong answer. The first paragraph of Article 6 of Law No. 5953 was annulled by the Constitutional Court in decision E.2021/62, K.2023/89 of 4/5/2023; the annulment took effect on 14/6/2023.
The same decision also annulled the second sentence of the paragraph governing the amount of compensation. The statutory text does not reproduce the content of that sentence either.
The Amount of the Compensation
Under the structure of the article as it stands, severance pay is one month's wage for each year of service, or part of a year, to which the terminated contract relates, calculated on the last monthly wage.
| Element | Content |
|---|---|
| Unit of calculation | Each year of service or part of a year |
| Wage used | The last monthly wage |
| Amount per year | One month's wage |
| Exception | The amount is not calculated for the first contract year |
The phrase "or part of a year" matters: residual periods short of a full year enter the calculation. Against that, by the express qualifier in the article, no amount is calculated for the first contract year.
Where Does Seniority Start?
Article 6 establishes this plainly: a journalist's seniority is calculated from first entry into the profession. What counts is total service in the profession, not the time served with you.
This is the sharpest divergence from Law 4857 and it directly enlarges the amount payable. It is covered in the seniority article.
A Worked Example
Take an editor with twelve years in the profession on a final gross monthly wage of TRY 60,000 whose contract is terminated:
| Item | Calculation |
|---|---|
| Seniority in the profession | 12 years |
| Wage used | Last monthly wage — TRY 60,000 |
| Per year | One month's wage |
| Rough amount | 12 × 60,000 = TRY 720,000 |
The figures are illustrative; the qualifier on the first contract year, any ceiling and the gross-to-net treatment may change the outcome on the facts. Verify the calculation with your accountant.
If It Is Not Paid
Under Article 26(b) an employer who does not pay the compensation under Article 6 is subject to an administrative fine; the compensation is additionally paid to the person entitled. The fine does not extinguish the underlying debt.
Can It Be Paid in Instalments?
In a limited way. The article allows division into at most four instalments over up to one year where the employer cannot pay in one go because of financial impossibility — but there is a condition. This is covered in the instalment article.
Bottom Line
Severance pay is one month's wage per year of service or part of a year, calculated on the last monthly wage, with seniority running from first entry into the profession; no amount is calculated for the first contract year. The first paragraph of Article 6 and the second sentence of the compensation paragraph were annulled on 4/5/2023, and the statutory text does not reproduce their content.