Table of Contents Hide
- Things To Know When Leaving A Job
- In Which Cases Can The Employee Terminate The Employment Contract?
- In Which Cases Can The Employer Terminate The Employment Contract?
- What Are The Conditions Of The Employer’s Right Of Termination In Sickness, Accident, Birth And Pregnancy?
- What are the Conditions for Filing a Case for Reemployment?
- What are the Conditions of Malpractice Compensation?
- In which cases is the right to severance and notice compensation?
- How is Severance Pay Calculated?
- In Which Circumstances Does a Notice of Indemnity Appear and How Is It Calculated?
- Conditions of Litigation in Labor Law In Which Cases Is Mediation Applied?
This blog post is on the termination of employment in Turkey. Please be aware that employment laws are subject to change and this is not legal advice. If you are looking to terminate your employment or being redundant please make sure to seek professional legal help. This blog post is only a guide for our clients who have purchased the property in Antalya or property in Istanbul as well as any other people legally employed in Turkey.
Leaving a job is a challenging process. It is necessary to manage many dimensions without mixing them together. Separation has a psychological dimension, human relations dimension, physical relocation dimension and legal dimension. You have to learn to manage all these one by one. Güner Meriç, one of the successful lawyers of the Istanbul Bar Association, talked about what to pay attention to when leaving the job. What are the most critical legal rights and responsibilities in the process of leaving the job? Here are the answers…
Things To Know When Leaving A Job
What rights the worker has in the process of leaving the job, how the legal process works in case of termination of the employment contract by the worker with a just cause or without a just cause by the employer, what are the conditions for the worker to file a reemployment lawsuit due to termination or to receive severance and notice pay, and what kind of compensations are paid. It is the subject of this article, which is determined according to the criteria.
In Which Cases Can The Employee Terminate The Employment Contract?
Article 24 of the Labor Law No. 4857, titled “The right of the worker to terminate immediately for just cause”, stipulates the reasons for which the worker can exercise his right to justified and immediate termination, and these reasons are divided into three as Health Reasons, Conditions Not Conforming to the Rules of Ethics and Goodwill and Forced Reasons. collected in the title.
Health reasons; If the performance of the work, which is the subject of the employment contract, is dangerous for the health or life of the worker for a reason arising from the nature of the work, if the employer or another worker with whom the worker constantly meets and meets directly, is infected with a contagious disease or incompatible with the worker’s work.
Situations that do not comply with the rules of morality and goodwill; If the employer misleads the worker by showing false qualifications or conditions, or giving untrue information or making statements about one of the essential points of this contract, while the employer is concluding the employment contract; If the employer taunts or intimidates the worker or one of his family members, or encourages, incites, or drives the worker or one of his family members to act against the law, or commits a crime that requires imprisonment against the worker or one of his family members, or makes a false accusation against the worker or one of his family members. If the employee is sexually harassed in the workplace by another employee or third party and the necessary measures are not taken despite informing the employer of this situation, the employer will calculate the employee’s wage in accordance with the provisions of the law or the terms of the contract. If the wage is not paid, if it is decided to pay the wage per piece or on the amount of work, and the employer gives the worker less work than he can do, if the wage difference is paid on a timely basis and the worker’s underpaid wage is not met, or if the working conditions are not applied,
compelling reasons; If there are compelling reasons that will require the work to be stopped for more than one week in the workplace where the worker works.
As it can be seen, especially under the title of situations that do not comply with the rules of morality and goodwill, the situations in which the employee can immediately terminate the employment contract with a just cause are regulated in detail in the law.
In the event of one of these reasons, the worker may terminate the employment contract immediately before the expiry of the term or without waiting for the notification period. In such a case, the employee must notify the employer in writing of his will of termination within the period and clearly stating the reason for termination, and demand severance pay and other wages, if any.
Let us briefly explain which ways the worker who wants to leave the job should follow.
As we mentioned above, if the worker is going to terminate the employment contract due to one of the situations listed in Article 24 of the law, he may terminate the employment contract and request severance pay from the employer by notifying the employer immediately and in writing, without waiting for any notification period.
IIf the worker does not rely on a just cause and wants to resign, in this case, he must inform his employer by complying with the notification periods determined in the law according to the working time spent with the employer. According to this, the worker who wants to leave the job without a just cause, two weeks before if he worked for less than 6 months at the workplace, 4 weeks before if he worked from 6 months to 1.5 years, 6 weeks before the work lasting from 1.5 years to 3 years, and for 3 years or more. He has to notify the employer that he will leave the job 8 weeks before. If the worker quits the job immediately without making this notification or does not make a notification in accordance with these periods, he will be obliged to pay the employer the compensation amounting to the wage to be calculated according to the said periods. This wage to be paid by the worker is the notice indemnity due to non-compliance with the notice period, and in the opposite case, that is, if the employer immediately dismisses the worker without complying with the notification period and without a just cause, the employer will be obliged to pay the notice indemnity to the worker in the amount of the wage-related to the notification period.
In Which Cases Can The Employer Terminate The Employment Contract?
Article 25 of the Labor Law No. 4857, with the title of “Immediate termination right of the employer for just cause”, stipulates the reasons for which the employer can exercise its right of justified and immediate termination, and these reasons are determined by reasons such as Health Reasons, Conditions that do not comply with the Rules of Ethics and Goodwill, and Compelling Reasons. and Exceeding the Notification Period in Article 17 in Case of Detention or Arrest of the Worker.
Health reasons; If the worker has a disease or becomes disabled due to his own intention, untidy life or addiction to alcohol, the absence that will arise due to this reason lasts for more than three working days in a row or five working days in a month. If it is determined by the Health Board that the disease the worker is suffering from is incurable and that there is a problem in working at the workplace,
Situations that do not comply with the rules of morality and goodwill and the like; At the time of the conclusion of the employment contract, the worker misleads the employer by claiming that he has the qualifications or conditions required for one of the essential points of this contract, although he does not have them, or by saying false information or words, the worker makes words that will harm the honour of the employer or one of their family members, or behaving or making unfounded reports and accusations about the employer that degrades honour and dignity, the employee sexually harasses another employee of the employer, the employee teases the employer or one of his family members or another employee of the employer, comes to the workplace drunk or has taken drugs, or Use of substances, the employee’s misbehaviour such as abuse of the employer’s trust, stealing, revealing the employer’s professional secrets, etc. committing a crime. If the worker does not continue to work for two consecutive working days or twice in a month without taking permission from the employer or for a justified reason, or for three working days in a month, the worker’s insistence on not performing the duties he is due to do despite being reminded of it, the worker’s own request or negligence, jeopardizing the safety of the business, causing damage and loss to the machines, installations or other goods and materials that are the property of the workplace or that are not the property of the workplace, or that it cannot pay the amount of its thirty-day wage.
compelling reasons; The emergence of a compelling reason preventing the worker from working at the workplace for more than one week.
If the employee is detained or arrested, the absence exceeds the notification period in Article 17.
As can be seen, the reasons that will constitute a just cause for the employer are regulated in detail in the law. In case of one of these reasons, the employer may terminate the employment contract immediately before the expiry of the period or without waiting for the notification period. In the face of such termination, of course, the worker’s hands are not tied and he will be able to file a lawsuit against the employer for unjust termination and demand severance and notice compensation, alleging that the termination is unjust and unlawful.
What Are The Conditions Of The Employer’s Right Of Termination In Sickness, Accident, Birth And Pregnancy?
Another issue regulated in the article, which gives the employer the right to terminate the employment contract with just cause without notification, is the employee’s illness, accident, birth and pregnancy. In such cases, the right to terminate the employment contract without notice for the employer; The notification periods specified in Article 17 of the Law according to the working time of the worker at the workplace (two weeks if the worker has worked at the workplace for less than 6 months, 4 weeks if he has worked from 6 months to 1.5 years, 6 weeks for work lasting from 1.5 years to 3 years, 3 years and more. 8 weeks in the study) after six weeks. In cases of birth and pregnancy, this period starts at the end of the period specified in Article 74 of the Labor Law, that is, eight weeks before birth and 8 weeks after birth. However, if the worker, with the doctor’s approval, worked at the workplace for up to three weeks before the birth and added the unused leave right to the period determined as eight weeks after the birth, the six-week period will start to run at the end of this added period.
How should an employee who thinks he/she has been dismissed for an unfair reason proceed?
What are the Conditions for Filing a Case for Reemployment?
According to the regulation in Article 18 of the Labor Law, the employer, who terminates the indefinite-term employment contract of an employee with at least six months seniority in workplaces employing thirty or more workers, must rely on a valid reason arising from the competence or behaviour of the worker or the requirements of the enterprise, workplace or job. . This means: In workplaces with thirty or more workers, if the employer does not show a reason in the termination notice or if the worker claims that the reason given is not a valid reason, he/she has to apply to a mediator within one month from the date of notification of the termination notice. If an agreement cannot be reached at the mediation stage, the worker will be able to file a reemployment lawsuit at the labour court within two weeks from the date of the last report. If, as a result of the reemployment lawsuit, the court decides that the termination is invalid and finds the worker justified, the worker must notify the employer of his will to start work within 10 working days from the date of finalization of this decision. Upon this application of the worker, the employer has to start the worker within 1 month. . If the employer does not start the worker within a month, this has consequences. In this case, the employer is obliged to pay the employee compensation for not starting work at least four months and at most eight months. The court, which decides the invalidity of the termination, also determines the amount of this compensation that the employer is obliged to pay in case the employer does not start the worker despite the application. In addition, for the period of not working until the finalization of the decision, the employee is paid his wages and other rights up to a maximum of four months.
What are the Conditions of Malpractice Compensation?
Bad faith Compensation; For workers who are not covered by job security, that is, not covered by Articles 18, 19, 20 and 21 of the law, the right to file a lawsuit against a malicious employer is regulated in paragraph 6 of Article 17 of the Labor Law. Accordingly, if the employee who was unfairly dismissed by the employer in bad faith opens a lawsuit and proves that the employer is in bad faith, the court decides that the employer pays the employee three times the amount of notice period specified in Article 17.
In which cases is the right to severance and notice compensation?
Severance pay; If the employee with at least one year of seniority at the workplace terminates the employment contract without notice and using the right of immediate termination for the justified reasons listed in Article 24 of the Labor Law, If the employee terminates the employment contract due to marriage within one year after the marriage, if the employee’s retirement conditions have been met and if he leaves the job due to retirement, he will be entitled to severance pay.
Another reason that entitles the worker to severance and notice pay is regulated under the title of “change in working conditions and termination of employment contract” in article 22 of the law. Accordingly, if the employer makes a substantial change in the working conditions, it is obliged to notify the employee in writing. If the worker has not accepted this change by responding to this notification in writing within 6 days, the change does not bind the worker. If the employer terminates the employment contract for this reason, the employee may file a lawsuit and demand severance and notice compensation due to the unfair termination of the employer.
How is Severance Pay Calculated?
The severance pay amounts to 30 days’ wage for each year of seniority, based on the length of time the worker has worked for the employer. The wage taken as the basis here is the most recent wage of the worker. Severance pay is calculated over the gross wage, that is, the gross wage will be determined by including the road, meal, accommodation, social benefits and premium payments paid by the employer to the employee, which are continuous and regular.
“In determining the wage to be taken as a basis for severance pay, in addition to the main wage mentioned in Article 32 of the Labor Law No. 4857, the money provided to the worker or the benefits that can be measured in money are taken into consideration. Accordingly, bonus, permanent premium, fuel allowance, clothing allowance, rent, lighting, service allowance, food allowance and similar payments are taken into account in the severance pay calculation. Private health insurance benefits or life insurance premium payments provided to the worker are also included in the concept of monetary benefits and should be added to the base wage. Although the premium calculated according to sales figures or other data may vary, it should be evaluated within the concept of expanded wage in the calculation of severance pay.” (Court of Appeals 7.H.D 2015/2861E. 2015/1523 K. 16.02.2015 T.)
In Which Circumstances Does a Notice of Indemnity Appear and How Is It Calculated?
An employee or employer who wishes to terminate an indefinite-term employment contract without a justified reason must notify the other party in writing in accordance with the periods specified in Article 17 of the Labor Law. Termination by the employee or employer without complying with these periods obliges the terminating party to pay notice indemnity to the other party. The employer may terminate the employment contract by paying the fee for the notification period in advance. The wage to be taken into account while calculating the notice pay is the last wage of the worker on the date of termination and the compensation will be calculated over the gross wage, as in the severance pay.
Conditions of Litigation in Labor Law In Which Cases Is Mediation Applied?
With the regulation in Article 3 of the Labor Courts Law No. 7036, which entered into force on January 1, 2018, it is a condition to apply to a mediator in lawsuits filed with the request of employee or employer receivables and compensation based on the law, individual or collective labor agreements, and reemployment. In other words, the worker, compensation and receivables arising from the results of the reemployment and reemployment lawsuit, severance and notice pay, bad faith compensation, wage receivables, overtime, annual leave fee, etc. When he wants to sue the employer for his labor receivables, he must first apply to the mediator. This application is a mandatory litigation condition and the lawsuit filed without the mediation process will be rejected due to the lack of litigation requirements.
Mediation is not a litigation condition for pecuniary and non-pecuniary damages arising from work accident or occupational disease and for determination, objection and recourse lawsuits related to these.
In addition, there is no requirement to apply for compulsory mediation in cases of service determination to be filed against the employer for reasons such as employing uninsured workers, reporting missing days to the insurance, or paying insufficient premiums by showing a low salary. Because these cases are not suitable for mediation, the optional mediation process will not be in question.