Until recently, termination or exit codes in Turkey showing the reason why an employee left a job were visible on Social Security Institution (SSI) service records accessed through e-Devlet (the e-Government Gateway). These codes were frequently reviewed by employers during recruitment processes and were considered part of an employee’s official employment history.
Following a recent system and policy change, termination reasons and exit codes have been removed from SSI service records that can be accessed via e-Devlet. As a result, this information is no longer included in the official service breakdown documents available to employers.
This change is closely linked to a landmark judicial ruling that addressed the legality of disclosing termination reasons without the employee’s consent.
Legal Basis Behind the Change
The removal of termination codes from SSI service records was implemented in light of a decision issued by the Council of State (10th Chamber), dated 14 October 2024 and numbered 2020/2598 E. – 2024/3991 K.
In this case, the court examined whether the public disclosure of certain termination codes—most notably Code No. 29—was compatible with constitutional rights and data protection principles.
Background: The Controversy Around Code No. 29
Code No. 29 was used to indicate termination by the employer due to the employee’s conduct contrary to morality and good faith. The claimant argued that displaying this code on official SSI records without the employee’s approval was unlawful because:
- It negatively affected future employment opportunities
- It exposed the individual to social and professional stigmatization
- It relied solely on the employer’s unilateral declaration
The court accepted these arguments and concluded that the practice violated several fundamental rights protected under the Constitution.
Rights Found to Be Violated
According to the Council of State’s ruling, the disclosure of termination codes such as Code No. 29 infringed upon:
- The right to respect for private life
- The right to protection of personal data
- The freedom to work
The court emphasized that making such sensitive information publicly accessible—especially when it is not based on a finalized judicial decision—creates disproportionate and irreversible consequences for employees.
Annulment of the Regulatory Provision
Within the scope of the case, the Council of State annulled the specific wording included in Field No. 15 (“Reason for the insured’s termination”) of the Insured Employee Termination Notification, which was set out in Annex-5 of the Social Insurance Transactions Regulation (as amended on 25 August 2016).
Specifically, the following were found unlawful and annulled:
- The reference to Code No. 29
- The description “Termination by the employer due to the employee’s conduct contrary to morality and good faith”
Why the Dispute Continued Despite the 2021 Circular
Although the SSI had already issued a circular in 2021 abolishing Code No. 29 in practice and replacing it with more detailed codes (ranging from 42 to 50), the court noted that:
- The main regulatory text in the Regulation itself had not been amended
- The annulled wording still formally existed in the legal framework
As a result, the Council of State ruled that the legal issue had not been fully resolved and proceeded to annul the relevant provision in the Regulation’s annex.
Key Findings of the Court
In its reasoning, the Council of State placed particular emphasis on the fact that termination codes:
- Are based on one-sided employer statements
- Lack sufficient legal safeguards
- Do not meet the principle of proportionality
- Unduly interfere with personal data protection and employment freedom
The court clearly stated that the explicit and public disclosure of such information—without a strong legal basis—must be prevented.
Practical Outcome: SSI System Update
In line with the court’s ruling, the SSI has implemented a system update whereby:
- Termination reasons
- Exit codes
are no longer displayed on service records obtained via e-Devlet and on documents accessible to employers.
This marks a significant shift in how employment history information is presented and shared in Turkey.
Why Termination Codes Are Considered Personal Data
Termination or exit codes qualify as personal data because they can directly or indirectly identify an individual and reveal sensitive aspects of their employment history.
Under data protection principles, personal data must be:
- Relevant
- Limited
- Proportionate to the purpose for which it is processed
From this perspective, knowing the exact termination code of a previous employment relationship is not always necessary—or proportionate—for a prospective employer’s hiring decision.
Even where a job applicant provides explicit consent, requesting or processing documents that directly disclose termination codes may still pose legal compliance risks.
Recommendations for Employers
Given the current legal framework and court rulings, employers are strongly advised to avoid relying on termination or exit codes during recruitment.
Instead, hiring decisions should be based on lawful and objective criteria, such as:
- The candidate’s professional skills and experience
- Interview performance
- Legitimate reference checks conducted in compliance with the law
- Employment certificates issued under Article 28 of Labour Law No. 4857, which indicate:
- The type of work performed
- The duration of employment
This approach minimizes legal risk while ensuring fair and effective recruitment practices.
The removal of termination codes from SSI service records represents a major development in the protection of employee privacy, personal data, and freedom to work. The Council of State’s decision makes it clear that employment-related data disclosed without sufficient legal justification can have long-lasting and unlawful consequences.
For employers, this change signals a necessary shift away from code-based assessments toward competency-focused, lawful, and rights-respecting hiring practices.
You may access the full text of the Council of State decision via the official link.
(Document available in Turkish)