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Employees’ Claims For Unfair Dismissal

Employees’ Claims For Unfair Dismissal

EMPLOYEES’ CLAIMS for UNFAIR DISMISSAL

If an employee has been dismissed for no good reason then such a dismissal can be considered as unfair which may entitle the dismissed employee to a compensation by his/her employer.
According to the termination form of the employment contract between the employee and the employer, the compensation and compensation types that the worker may demand may vary, but in this article the types of compensation listed below will be examined.

  • Payment in lieu of notice
  • Compensation of unjust termination
  • Overtime wage
  • Weekend wage
  • Official holiday wage
  • Annual leave wage

Payment in lieu of notice:


The employment contracts are deemed to have been terminated in accordance with the following deadlines:

  • for a worker whose term of service has lasted a maximum of six months, one week after the notification was made to the other party,
  • for the worker whose service period lasted from six months to one year, three weeks after the notification was made to the other party,
  • for the worker whose service period lasted from one year to two years, four weeks after the notification was made to the other party,
  • for the worker whose service period lasted from two to five years, five weeks after the notification was made to the other party,
  • for the worker whose service period has lasted more than five years, six weeks after the notification was made to the other party.

 

If the employer's termination of employment contract is not based on the reasons stated in Article 15 of the Labour Law and the right to terminate without notice, the employer who does not comply with the obligation of notification must pay the employee the amount of compensation (payment in lieu of notice) for the periods mentioned above.

Compensation of unjust termination

In the event that the termination of the employment contract of the employer is unfounded, unjustified and / or does not rely on a just cause, the service contract shall be deemed to have been terminated unfairly and, in such a case, the employer shall pay the employee 3 times the compensation regarding the fees stated for the abovementioned termination notice in accordance with Article 13 (3) of the Labour Law. In case of term contracts, the amount of compensation to be paid to the worker is added to the amount of one week's wage against each remaining month of the contract period.

Overtime wage

In accordance with the Labour Law No. 22/1992, an employee is not allowed to work for a period of more than forty hours a week, eight hours per day, excluding meal hours, in any given week.

However, in cases where employees are required and / or when more work is required, the employer may employ the worker for a maximum of four hours per day, provided that the employee is paid. To summarize briefly, employers need to get the approval or consent of the workers who will work overtime. However, the total overtime working time may not exceed 4 hours per day and 90 business days per year. The fee for each hour of overtime work shall be paid by raising the amount of the normal daily working fee by 10% per hour.

Overtime is subject to 2 years of statutory limitation due to the fact that it will be charged.

Week Holiday and Public Holiday Wages

The weekend holiday covers the period from Saturday at 13.00 until the end of Sunday, unless stated otherwise in service contracts or collective bargaining agreements. Weekly working time, not exceeding forty hours, time worked until 13.00 by Saturday is not counted as overtime.
(However, according to the nature of the work on Saturdays and / or Sundays to do normal work and the Labour Law Article 35 (2) in the workplaces specified in the paragraph of the weekly rest days of employees is determined by the employer for one full day.)

Workers do not work and spend a holiday on the days accepted as public holidays and are paid in full without a corresponding job. According to Article 40 (2) of the Labour Law, the wages of employees on public holidays should be paid in multiply of (1).
Week Holiday and Public Holiday Fees are subject to a 2-year statute of limitations as they will receive overtime, as well as wages.

Annual leave wage
 

The duration of the annual paid leave for the employees, can't be less than the following depending on the duration of the service;

  • 14 days for 6 months to 5 years (including five years) of service,
  • 18 days to those who served more than 5 years but less than 10 years,
  • 22 days to those who served more than 10 years but less than 15 years,
  • 25 days to those who served more than 15 years.
  • However, the period of paid annual leave for employees at the age of eighteen and at the age of fifty and older cannot be less than twenty days.

The annual leave periods are calculated on a working day and weekends (usually on Sundays) and other public holidays corresponding to these periods are not included in the annual leave account.

In case of termination of the employment contract for any reason, the employee's wages related to annual leave periods that he / she cannot use will be paid to himself or to the right holders over his/her wages at the date of termination of the contract. The statutory limitation period of 2 years shall commence at the expiration of the employment contract.

Attr. Ayşe Seyitoğlu
  • Attr. Ayşe Seyitoğlu
  • January 2019