This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Kod 29 ile İşten Çıkarılma: Sonuçları ve İtiraz Yolu.
Code 29 is the social security leaving code recording that the employer dismissed the worker without compensation for “conduct contrary to the rules of morality and good faith” (Article 25/II of the Labour Act). Where it is entered the worker receives no severance or notice pay and cannot claim unemployment benefit. But entering the code does not prove the allegation: the burden of proof lies on the employer, and where it turns out to have been used without justification every entitlement is recovered.
You have been dismissed and you see code “29” on the social security notification. It means the employer has declared that you were dismissed for conduct contrary to the rules of morality and good faith.
The consequences are serious. But so is this: the code is an allegation, and it produces no result unless it is proved. This article explains what to do when it has been used unfairly.
What Is Code 29?
Every leaving notification carries a code. Code 29 is the one by which an employer declares an immediate termination for just cause under the second paragraph of Article 25 — the cases of conduct contrary to the rules of morality and good faith.
The cases listed under that paragraph are closed: misleading the employer, words or conduct affecting honour and reputation, sexual harassment, insulting the employer or their family, conduct inconsistent with honesty and loyalty such as theft, committing an offence at the workplace, absence, persistent refusal to perform duties, and causing loss at the workplace.
The consequences: no severance pay, no notice pay and no unemployment benefit. The code being visible on later job applications can also be an obstacle in practice.
What the Employer Must Comply With
An employer may terminate under this paragraph, but only on conditions.
The six working days rule. Under Article 26 the employer must exercise the right within six working days of learning of the events, and in any event within one year of the conduct. A termination after that period cannot rest on just cause.
The burden of proof lies on the employer. They must prove that the conduct alleged occurred and that it was serious enough to justify termination. The worker has no obligation to prove their innocence.
It must be concrete. General phrases such as “the relationship of trust was damaged” are not enough; what happened, when and where must be shown.
Where absence is the ground, the absence must reach the number of days the Act requires and must be documented by a written record.
| Requirement | Explanation |
|---|---|
| A concrete act | It must fall within one of the cases listed in Article 25/II |
| The six-working-day forfeiture period | From learning of the conduct (Article 26) |
| One year in any event | From the date of the conduct |
| Proof | Borne by the employer; documents, records, witnesses |
| Documentation of absence | The statutory number of days, recorded in writing |
| Written notice | Stating the ground concretely |
Where the six working days have passed, the termination cannot rest on just cause even if the conduct did occur.
What to Do
- Do not sign anything that admits the allegation. If you are asked to sign a record or a resignation, read it; if you disagree, write your reservation on it before signing, or decline.
- Ask for the reason in writing. The employer must state the ground; a general phrase weakens their position.
- Note the dates. When the alleged conduct occurred, when the employer learned of it, and when the termination was made — the six working days are decided by these.
- Apply to a mediator. Mediation is a condition of the action for employment claims, and within one month if you are also seeking reinstatement.
- Bring the claim for severance and notice pay, and for reinstatement where you are within the scope of job security.
- Ask for the code to be corrected so that the unemployment benefit entitlement is restored.
Unemployment Benefit and Correcting the Code
Code 29 blocks unemployment benefit, because the entitlement requires that the worker became unemployed otherwise than through their own fault.
Two points matter here:
- Apply anyway. The period for applying to the employment agency is thirty days from the termination, and it keeps running while any dispute continues. A late application is deducted from the total entitlement.
- The court's finding changes the position. Where the court holds the termination unjustified, the entitlement is reassessed by the agency on the basis of that judgment.
So the sequence is: apply within thirty days even though the code is wrong, and produce the judgment when it comes.
Entering code 29 does not prove anything. The employer must prove the conduct occurred, that it was serious enough, and that they acted within six working days of learning of it. Where any of those fails, severance and notice pay follow — and the leaving code can be corrected so that unemployment benefit is restored.
Frequently Asked Questions
What does code 29 mean?
That the employer has declared an immediate termination for conduct contrary to the rules of morality and good faith under Article 25/II. It blocks severance pay, notice pay and unemployment benefit.
Do I have to prove I did nothing wrong?
No. The burden lies on the employer to prove that the conduct occurred and was serious enough to justify termination.
How quickly must the employer act?
Within six working days of learning of the conduct, and in any event within one year of it. After that the termination cannot rest on just cause.
Should I still apply for unemployment benefit?
Yes. Apply within thirty days of the termination even though the code is wrong; delay is deducted from your entitlement. If the court holds the termination unjustified, the entitlement is reassessed.
What can I claim?
Severance and notice pay, and reinstatement if you are within the scope of job security — applying to a mediator within one month of the notice for the reinstatement claim.