Labor Law

If the employee terminates his/her employment contract due to active military service, he/she is entitled to severance pay if he/she meets the conditions.

According to the final article 31 of the Labor Law, if employees who leave their jobs due to any military or legal duty want to get a job within two months of the end of this duty, the employer must hire them immediately if there is a vacancy in their old job or similar job, or if there is no vacancy, they must hire them in preference to other applicants for the first job that becomes vacant, under the current conditions. If the employer does not fulfill the obligation to conclude an employment contract despite the conditions being met, the employer must pay compensation in the amount of three months' wages to the former employee who requested to be hired.

An employee who wants to terminate his/her employment contract in order to receive retirement or disability benefits is entitled to severance pay. In accordance with this provision, it does not matter which social security institution he/she receives his/her retirement or disability benefits from. In order for the employee to obtain this right, he/she must submit a document to the employer stating that he/she has applied to the social security institution to which he/she is affiliated and that he/she is entitled to the payment stipulated by law. The employer's obligation to pay severance pay begins on the date the application document is given to the institution.

Article 24 of the Labor Law regulates the cases of immediate termination of the employee due to just cause. According to Article 24/2.e of the Law, it is stated that if the employee's wage is not calculated or paid in accordance with the provisions of the law or the terms of the contract, the employee can use the right of immediate termination. The wage in the Law is interpreted broadly and it is stipulated that the employment contract can be terminated within the scope of this paragraph if the overtime wage is not paid. The employee who terminates the employment contract for this reason can demand severance pay if the conditions are met, as well as overtime wages from the employer.

According to the established precedents of the Court of Cassation, mobbing is the systematic effort of one or more people in the same environment or affiliated with the same organization to put psychological and emotional pressure on a person with words, attitudes or behaviors that will cause discouragement, fear, anxiety, anxiety, depression, weariness, distress or anxiety, to force him/her to behave or not to behave in a certain way, to remove him/her from the common area, to weaken, devalue, humiliate, degrade or passivize him/her for a certain purpose. Mobbing in the workplace involves the process of intimidation, wearing out, intimidation, weariness and forcing to behave in a certain way, which begins with exposure to harmful words, attitudes and behaviors of certain people or people. From the beginning to the end of this process, the targeted person or people are systematically attacked psychologically, emotionally and socially. There is a collective attack on the aspects of the targeted person such as honor, personality, character, belief, value, talent, experience, thought, preference, lifestyle and culture. This attack is carried out through actions that can affect the person mentally, spiritually, physically and bodily, such as gossiping and spreading rumors, slandering, humiliating in front of employees, underestimating, slandering, disparaging and ignoring.

The statute of limitations for labor receivables is 5 years. For receivables such as wages, overtime, and UBGT, the 5-year statute of limitations begins to run from the date the receivable arises. For example, in a lawsuit filed for labor receivables, overtime pay can be requested for a maximum of 5 years retroactively. Severance pay, notice pay, and annual leave wage receivables are subject to a statute of limitations of 5 years from the date of termination of employment. The lawsuit to be filed regarding these receivables must be filed before the 5-year statute of limitations has expired. Otherwise, the worker will lose his/her rights.

Severance pay is stated in the decision of the 9th Civil Chamber of the Supreme Court of Appeals dated 22/10/2020 and numbered E:2020/5964, K:2020/13100 as "The wage to be taken as basis in the calculation of severance pay is the last wage of the worker." In other words, it is the wage valid at the time the employment contract is terminated.

According to Article 35 of the Labor Law No. 4857, it is stipulated that more than one-fourth of the worker's monthly wages cannot be seized or transferred or assigned to someone else, except for alimony debts.

According to Article 25/2-g of the Labor Law, if an employee is absent from work for two consecutive working days or two consecutive working days after a holiday within a month or three working days within a month without obtaining permission from the employer or without a justified reason, the employer is entitled to terminate without notice and without compensation. The procedure to be followed by the employer is as follows:

If the employer does not start the employee who applies to start work with the court decision within 1 month, the employer is obliged to pay compensation to the employee in the amount of at least 4 months and at most 8 months' wages. If the court or special arbitrator decides that the termination is invalid, it also determines the amount of compensation to be paid if the employee is not started. Until the decision becomes final, the employee is paid the wages and other rights accrued for the period he/she was not employed for up to 4 months.