Inadequate Heating at the Workplace and the Right to Severance Pay | How Can Employees Working in Cold Workplaces Protect Their Rights?

The right to severance pay due to inadequate heating at the workplace is a topic frequently researched by employees, especially during winter months. This is because some employers fail to sufficiently heat the work environment. This situation impairs employee health, reduces work efficiency, and makes daily life difficult.

Many employees ask the following question: “I work in a cold workplace. Can I get severance pay if I quit?”

In some cases, the answer is yes. Especially if the employer does not provide a solution for a long time, the employee can exercise the right to terminate for just cause and claim severance pay.

In this guide, we explain the right to termination for just cause due to inadequate heating at the workplace, the conditions for severance pay, the approach of the Supreme Court, and the points that should be considered.

Is the Employer Obliged to Sufficiently Heat the Workplace?

Yes. The employer provides a safe and healthy working environment for employees. Furthermore, it must make the workspace suitable for seasonal conditions.

For this reason, the employer must:

• Keep the workspace at an appropriate temperature,
• Protect employee health,
• Create a safe environment,
• Develop solutions for complaints received.

However, some employers do not fulfill these responsibilities. For example, they do not turn on the heating system. Some do not repair faults for weeks. Some employers even force employees to work in coats.

This situation, which continues for a long time, creates serious grievances for the employee. Moreover, some employees fall ill frequently or lose their ability to work.

Those who wish to see the relevant regulations can access the legislation through the Republic of Türkiye Legislation Information System. Additionally, employees can review current explanations on the Ministry of Labor and Social Security website.

Does Inadequate Heating at the Workplace Grant the Right to Termination for Just Cause?

In some cases, it does.

Article 24 of the Labor Law No. 4857 grants the employee the right to terminate for just cause. If the employer creates an unhealthy working environment, the employee may terminate the employment contract.

Judges often focus on the following questions:

• How long did the problem persist?
• Did the employer avoid providing a solution?
• Did the employee experience health issues?
• Did the cold environment make daily work difficult?
• Did the employee complain previously?

Single-day faults are usually not sufficient. However, if the employer does not take any steps for months, the situation changes. Especially if the employee experiences health issues, the possibility of termination for just cause strengthens.

Does an Employee Working in a Cold Workplace Receive Severance Pay?

Many employees think that they will lose all their rights if they resign. However, the legal system does not consider every separation an ordinary resignation.

For example, if the employer creates an unhealthy working environment, the employee terminates for just cause. Then, they claim their severance pay.

Furthermore, the employee also claims the following rights:

• Severance pay,
• Overtime pay,
• Unused annual leave pay,
• Outstanding salary claims,
• National holiday and general holiday pay.

Therefore, if the employee manages the process carefully, they protect their significant rights.

How Does the Supreme Court Approach Inadequate Heating at the Workplace?

The Supreme Court does not only look at the employer's statement in files. Judges examine the entire incident. They also evaluate health records and working conditions together.

Specifically, the following points are important:

• Did the employer provide sufficient heating?
• Did the employee experience health problems?
• Did the problem continue for a long time?
• Did the employer offer a solution despite complaints?

In some cases, the Supreme Court accepted a cold working environment that continued for a long time as a reason for termination for just cause. Subsequently, it protected the employee's right to severance pay.

However, every case progresses differently. Therefore, the concrete event is of great importance.

How Does the Employee Prove a Cold Workplace?

Evidence determines the fate of the case. An employee who presents strong evidence supports their claim more easily.

For example, the employee gathers the following documents:

Witness Testimonies

People working in the same environment clearly describe the problem experienced.

Photo and Video Records

Images showing unheated areas play an important role.

Health Documents

Doctor reports and hospital records reveal health problems.

Written Applications

Emails, messages, or petitions sent by the employee to the employer support the process.

Especially if health reports and witness testimonies are included in the file together, the employee gains a stronger position.

What Should Be Considered Before Leaving the Job?

Some employees make hasty decisions. However, a wrong step creates a serious loss of rights.

For this reason, the employee first gathers evidence. Then, they write the termination justification clearly. Afterwards, they prepare the notification of termination for just cause correctly.

Additionally, obtaining professional legal support strengthens the process. Because the employer often tries to frame the separation as a normal resignation.

Frequently Asked Questions

Does an employee working in a cold workplace receive severance pay?

If the employer does not provide sufficient heating for a long time and the employee experiences health problems, the employee terminates for just cause. Then, they claim their severance pay.

How does the employee prove a cold workplace?

The employee gathers health reports. They also take photos, show witnesses, and keep correspondence.

Is the workplace being cold sufficient on its own?

The court looks at all the conditions of the incident. However, if the employer does not provide a solution for a long time, the employee uses the right to terminate for just cause more strongly.

Conclusion

The right to severance pay due to inadequate heating at the workplace results in favor of the employee in some cases. Especially if the employer does not produce a solution for a long time and the employee experiences health problems, the possibility of termination for just cause arises.

However, the employee must manage the process carefully. Because wrong steps put the right to compensation at risk. For this reason, getting legal support before leaving the job often provides a significant advantage.

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