What are the conditions for payment of severance pay?
According to the 14th article of the Labor Law No. 1475, with the prerequisite that the worker has worked for at least 1 year under the same employer;
- Termination of the employment contract by the employer for reasons other than goodwill and violation of moral rules,
- Termination of the contract by the worker due to health, goodwill and morality violations or work interruption in the workplace and similar reasons,
- Dismissal due to military service,
- Leaving the job due to obtaining the right to retirement or fulfilling the required insurance period and premium day in this context,
- If the woman marries, leaving the job voluntarily within 1 year,
-Death of the worker,
If one of the conditions is met, severance pay must be paid.
If the workplace is sold, can the employee request the payment of severance pay?
In the event that any workplace is partially or completely transferred, those working in that workplace continue to work under the same conditions. The transfer of the workplace does not cause any loss in terms of the legal rights of the employees, but this transfer does not constitute a just cause for termination for the worker. In other words, it is not necessary to pay severance pay to an employee who leaves the job due to the transfer of the workplace. When it is necessary to determine both the severance pay and annual paid leave rights, the total working time before and after the transfer should be taken into account.
Can a female worker who resigns due to marriage receive severance pay?
As a rule, an employee who voluntarily quits (resigns) cannot receive severance pay. However, due to legal regulation; If female workers leave their jobs due to marriage, they may be entitled to the severance pay required by the working period. In order to benefit from this right; The employment contract must be terminated in writing within 1 year from the date of marriage, the document showing the marriage must be submitted to the employer, and it must be clearly stated that the reason for the termination is marriage.
How is the amount of severance pay calculated?
In case of termination of any employment contract for a reason that requires severance pay, severance pay equal to 30 days' gross wage is paid for each full year worked. The periods increasing from one year are also included in the calculation by proportioning. During the calculation of severance pay, in addition to the wage paid to the worker, all money and benefits that can be measured in money (road allowance, meal allowance, bonus payments on condition that it is regular, etc.) are also taken into account. The amount of severance pay paid for each full working year is limited to the severance pay ceiling valid at the date of termination.
What is notice indemnity, in which cases is it paid?
The party wishing to terminate the employment contract pursuant to Article 17 of the Labor Law No. 4857; is obliged to notify the other party in writing and adhering to the notice period required by the working period.
employment contracts;
- For the worker whose job lasted less than six months, two weeks after the notification is made to the other party,
- For the worker whose job has lasted from six months to one and a half years, four weeks after the notification is made to the other party,
- For the worker whose job has lasted from one and a half to three years, six weeks after the notification is made to the other party,
- For an employee whose job has lasted more than three years, it is deemed to be terminated eight weeks after the notification is made.
The party who terminates the employment contract without complying with the specified notice periods is obliged to pay the fee of the said period to the other party as notice indemnity. Notification periods cannot be divided and partially applied. In case of such an application, notice compensation will have to be paid based on the entire notification period.
What are the principles of the worker's entitlement to notice compensation?
Pursuant to Article 17 of the Labor Law No. 4857, it is essential to notify the other party in writing before the termination of employment contracts. Pursuant to the article; 2 weeks for studies lasting up to 6 months, 4 weeks for studies lasting 6 months to 1.5 years, 6 weeks for studies lasting 1.5 to 3 years, and 8 weeks for studies lasting longer than 3 years. The employer, who wishes to terminate the employment contract based on the performance, the behavior of the worker, the requirements of the job, the business or the workplace, is obliged to notify the employee of the termination in writing and adhering to these periods. The employer, who terminates the employment contract without giving a notice period, is obliged to pay the wage of this period as notice indemnity. On the other hand; In case of termination of the employment contract by the employee, within the probationary period or by the employer within the framework of the principles determined by Article 25 of the Labor Law No. 4857, no notice compensation is paid to the employee. In case of termination of the employment contract by the worker for a reason other than the principles of immediate termination with just cause, the same notice periods are also valid for the worker, and in case of termination of the employment contract contrary to this, the employer may be entitled to receive notice indemnity.
Can a worker who leaves his job voluntarily receive notice pay?
Prior to the termination of employment contracts, it is essential to notify the other party in writing, adhering to the notice period. The employee who wishes to quit the job (resignation) is obliged to notify his employer in writing, taking into account the notification period, in case of leaving the job other than justified reasons such as health reasons, breach of goodwill and morals or the interruption of work. In the event that the employee leaves the job voluntarily, regardless of the reason for leaving, the right to notice compensation does not occur, and such a request cannot be made. If the dismissal is based on a reason other than the reasons listed above and the employee quits the job without complying with the notification period, the employee who leaves the job without complying with the notification period, depending on the employer's request, will have to pay notice indemnity.
If the workplace is moved or the working conditions are changed, can the employee leave the job by receiving severance pay?
Employer-employee relations are regulated in employment contracts within the framework of the principles determined by law. In this context; The nature of the job, job descriptions, working hours and conditions, wages to be paid to the worker and other principles are regulated in the employment contracts. The employer who wishes to make changes in the provisions of the employment contract, workplace practices or working conditions is obliged to notify the situation in writing and to obtain the employee's approval. Changes not accepted by the worker within 6 days do not bind the worker. This situation does not present a special situation in terms of severance pay.
Can an employee whose wage is not increased can leave the job by receiving severance pay?
No legal framework has been determined regarding the periods or rates at which wages will be increased. The legal regulation on wage practices is limited to the fact that workers cannot be employed with wages below the minimum wage. Beyond that, the principles regarding wage practices can be determined in employment contracts. In the absence of a provision in the employment contract, the initiative regarding implementation belongs to the employer. In the absence of a provision in the employment contract, the employee who leaves the job due to the disagreement in the wage increases will be deemed to have resigned, and there will be no right to compensation.
What are the conditions required to benefit from the right to reemployment?
In order to benefit from the reemployment provisions; At least "30" workers must be employed in the workplace in question and the working period of the worker whose employment contract is terminated must be at least "6" months. The employer who wants to terminate the employment contract; is obliged to notify the termination in writing, to clearly state the reason for the termination, and to pay all the rights arising due to the termination to the employee on the date of termination. In the event that the employment contract is terminated without stating the reason, or the stated reason is claimed to be invalid, the invalidity of the termination and reemployment can be requested. In accordance with the Labor Courts Law, it is necessary to apply to a mediator within 1 month from the date of termination.