This page provides general information on Turkish law; the Turkish text is authoritative.
Adana Employment Law Frequently Asked Questions | Adana YBS Law Office
Direct Answer What is severance pay and how is it calculated?
The Adana employment law frequently asked questions page sheds light on your legal rights in cases concerning severance pay (kıdem tazminatı, the statutory payment based on length of service on termination of employment), unfair dismissal, overtime and reinstatement. Prepared with the experience of an Adana workers' lawyer, this guide offers guidance on your mediation and court processes.
Frequently Asked Questions About Adana Employment Law
What is severance pay and how is it calculated?
Severance pay (kıdem tazminatı) is a lump-sum compensation paid by the employer to a worker who has worked for at least 1 year, where the employment contract ends for certain justified reasons. The calculation of severance pay is based on the worker's length of service and last gross wage. By law, the worker is paid severance pay equal to 30 days' gross wages for each full year of service. For example, a worker who has worked for 10 years becomes entitled to severance pay of approximately 10 times their last gross monthly salary. In the calculation, regular monetary fringe benefits such as meals and transport allowance are added to the base wage to arrive at the aggregate wage (giydirilmiş ücret). To become entitled to severance pay, the worker must be dismissed through no fault of their own or must resign for just cause. A person who resigns in the ordinary way (where there is no just cause) cannot receive severance pay. In addition, the worker may also receive severance pay in situations such as leaving for retirement, a male worker leaving for military service, or a female worker leaving the job within 1 year of marriage. By law, there is a specific ceiling amount for severance pay (the State announces the ceiling amount every year; it is the maximum amount that can be paid to very high earners). In conclusion, severance pay is a lump-sum payment in the nature of a kind of job security and reward in return for the worker's long service.
What is pay in lieu of notice?
Pay in lieu of notice (ihbar tazminatı) is the compensation paid where the notice period prescribed by law is not observed when the employment contract is terminated. Under the Labour Law, in the termination of contracts of indefinite duration, the parties must give advance notice for periods that vary according to the work. This notice period is determined according to the employee's length of service: if the worker has worked at the same workplace - for less than 6 months, 2 weeks, - for between 6 months and 1.5 years, 4 weeks, - for between 1.5 and 3 years, 6 weeks, - for longer than 3 years, 8 weeks in advance, the termination must be notified to the other party. If the employer does not observe these periods when dismissing the worker and dismisses them immediately, it must pay the wages for the remaining period in advance as pay in lieu of notice. Similarly, if the worker leaves the workplace without just cause and without observing the notice period, the worker pays the employer compensation equal to the wages for the notice period (in practice this is generally deducted from the worker's salary or becomes the subject of a lawsuit). Pay in lieu of notice is calculated on the basis of the worker's gross wage and paid to the other party. For example, if a worker who has been working for 2 years is dismissed without the normal 6 weeks' advance notice, the employer must pay 6 weeks' wages as pay in lieu of notice. Notice periods are binding on both the worker and the employer; however, pay in lieu of notice is not required in immediate terminations carried out by the employer (dismissal for just cause) or in the case of resignation by the worker for just cause.
Can a worker who resigns receive severance pay?
As a general rule, if a worker leaves the job of their own accord (resigns), they do not become entitled to severance pay. Severance pay is paid where the employer terminates the employment contract or where the worker leaves the job on the basis of a just cause. However, in certain exceptional cases a worker who resigns may also receive severance pay. These cases are as follows: - Termination for just cause: Under Article 24 of the Labour Law, if the worker terminates the contract for just causes such as the employer's failure to pay their wages, the employer's unlawful change of working conditions, or health and moral reasons, the worker may receive severance pay. For example, a worker whose salaries are constantly delayed may resign for just cause and claim compensation. - Termination due to marriage: A female worker who leaves the job of her own will within 1 year of marrying has the right to receive severance pay (this right is granted only once and only to women). - Leaving for retirement: A worker who has met the premium-day and year requirements (for example, one who has completed 15 years of insurance coverage and 3600 days of premiums and obtained a letter from SGK) may receive severance pay if they resign for retirement. In addition, those who have completed the retirement conditions other than age (such as EYT) also have compensation rights if they leave after obtaining a letter from SGK. - Leaving for military service: Male workers may receive severance pay when they leave the job because of compulsory military service. Apart from these special cases, severance pay is not paid in the case of an ordinary resignation (for example, leaving because of dissatisfaction). In such a case, the worker can only receive pay for the leave they have not used; there is no right to compensation.
What are the rights of a worker who is dismissed?
A worker dismissed by the employer (whose employment contract has been terminated) has certain statutory rights: - Severance pay: If the worker has at least 1 year of service and the reason for dismissal is not attributable to their own fault, they become entitled to severance pay equal to 30 days' wages for each year of service (details are set out above). - Pay in lieu of notice: If the employer dismissed the worker immediately without observing the notice periods for termination, it pays the worker pay in lieu of notice equal to 2-8 weeks' wages depending on length of service. Alternatively, the employer may give advance notice and have the worker work through the notice period, or pay the wages in advance. - Unemployment benefit: A worker dismissed for reasons other than their own wish and fault who has sufficient premium days may receive unemployment benefit from İŞKUR (on condition of at least 600 days of premiums in the last 3 years and continuous work during the last 120 days). This benefit is paid for between 6 and 10 months depending on the worker's length of service. - Pay for unused leave: If the worker has annual leave days that they earned but did not use, the employer pays the worker for them in advance on departure. For example, if the worker has 10 days of unused leave, 10 days' gross wages are earned as leave pay. - Overtime, premium and commission receivables: The worker may claim unpaid overtime pay, public holiday pay and, where applicable, receivables such as premiums or bonuses outstanding from the period of employment. The employer must calculate and pay these on departure; if it does not, the worker may go to court. - Right to file a reinstatement action: If there are more than 30 workers in the business and the worker has been working for at least 6 months, and the employer carried out the termination without relying on a valid reason, the worker may file a reinstatement action. It is necessary to apply to a mediator within 1 month and, if no agreement is reached, to file an action. If they win, the worker may return to work or receive compensation. - SGK procedures: The employer notifies SGK of the worker's departure, and after the worker leaves, health insurance continues for a further period (10 days), after which they must pay their own premiums or start a new job. In summary, a dismissed worker receives all accrued statutory rights, first and foremost severance pay and pay in lieu of notice. If they do not receive them, they may seek their rights by applying to a mediator and to the labour court.
What is a reinstatement action and when can it be filed?
A reinstatement action is an action filed by a worker whom the employer has dismissed without a valid reason (whose contract it has unfairly terminated) in order to return to work or to receive compensation. Under the Labour Law, for a reinstatement action to be filed, at least 30 workers must be employed at the workplace and the worker must have worked there for at least 6 months (if the workplace has fewer than 30 workers or the worker has worked for less than 6 months, there is no right to reinstatement). In addition, the worker must be employed under a contract of indefinite duration. When terminating the employment contract, the employer must show a valid reason (such as poor performance or a decrease in work); if it does not, or if the reason is not considered sufficient, the termination is deemed unjustified. The worker must first apply to a mediator within 1 month of service of the notice of termination. If no solution is reached at mediation, an action may be filed at the labour court within 2 weeks of the drawing up of the final report. If, as a result of the case, the court rules that the termination is invalid, the employer must take the worker back within 1 month; if it does not, it pays compensation for failure to reinstate (işe başlatmama tazminatı), amounting to at least 4 and at most 8 months' wages. In addition, the court also awards wages and other rights for the period during which the worker remained idle, up to a maximum of 4 months. A worker who wins a reinstatement action must apply to the employer once the decision becomes final and notify it that they wish to start work. If the employer takes them back, they continue working where they left off; if it does not, it pays the compensation determined by the court.
What is workplace bullying (mobbing, psychological harassment) and what are the rights of a worker subjected to mobbing?
Mobbing (workplace bullying) is systematic psychological pressure, harassment or intimidation directed at a person working in a workplace. For example, constant belittling or exclusion by a manager or colleagues, or attempts to wear a person down by assigning an excessive workload, may be regarded as mobbing. Mobbing is carried out with the aim of wearing the employee down and forcing them to leave the job, or of punishing them, and it adversely affects the worker's mental health. A worker subjected to mobbing should first try to document and record the situation (correspondence, witness statements, etc.). If available at the workplace, they may complain to senior management or to human resources. If no result is achieved, certain rights arise for the worker: the right of termination for just cause, meaning that the worker may leave the job because of this ill-treatment and claim severance pay. They may also file an action for pecuniary and non-pecuniary compensation. Under the Turkish Code of Obligations and the Labour Law, mobbing is regarded as a breach of the employer's duty to protect the worker and gives the worker a right to compensation. The worker may also complain to the Ministry of Labour's ALO 170 line; an inspector's examination may be carried out. An employee subjected to mobbing should seek their rights without delay, because the continuation of this situation may lead to psychological and physical health problems. The Court of Cassation accepts that, in mobbing cases, non-pecuniary compensation may be awarded to the worker in addition to severance pay.
How can overtime pay be claimed?
Overtime is work performed in excess of the statutory weekly working time of 45 hours. Under the Labour Law, a worker who works overtime is paid, for each hour, %50 more than their normal wage (in other words, the pay for one hour of overtime is 1.5 times the normal hourly wage). For example, a worker whose hourly wage is 40 TL and who worked one hour of overtime should receive 60 TL. Overtime work is subject to the worker's consent and may not exceed a total of 270 hours per year (otherwise the worker may terminate for just cause). If the worker has worked overtime, they should see the pay for those hours as a separate item on their payslip. If the employer does not pay overtime pay, the worker may resort to legal remedies. They should first claim it at the workplace and, if it is not paid, seek an agreement by applying to a mediator; if no result is reached, they may file an action at the labour court and claim overtime receivables going back up to 5 years. To prove their claim in court, the worker may document their working hours with witnesses, documents or entry and exit records. Some workers may prefer to take time off instead of overtime pay; under the law, 1.5 hours of time off may also be given in return for 1 hour of overtime (as leave instead of pay). In conclusion, a worker who works overtime has the right either to increased pay or to equivalent time off, and this right is protected by law.
Is annual leave pay paid on leaving the job?
Yes. If the worker has unused annual leave days, when the employment contract ends for any reason (whether the worker leaves or the employer terminates), the pay for this unused leave is paid to the worker. This is called annual leave pay and must be paid in cash. For example, a worker who is entitled to 14 days of annual leave and has used 5 of them receives, on leaving the job, the pay for the remaining 9 days on the basis of their gross wage. In calculating annual leave pay, the aggregate gross wage is taken into account, that is, benefits such as meals and transport allowance are also included. This payment is independent of severance pay and pay in lieu of notice, and whatever the reason for leaving, the worker definitely receives the unused leave they have earned. The employer is obliged to pay this amount; if it is not paid, the worker may claim it through legal channels. In addition, if the worker does not use their annual leave while working, it carries over to the following year; annual leave rights are not time-barred (or a 5-year limitation period applies, but the leave right is generally preserved). Accordingly, the value of the days on which the worker could not take leave is not lost; it is paid to them in cash on separation. This rule has been conceived as compensation for leave not being granted during employment. Note: the worker cannot waive the right to leave; as a rule, it is prohibited for the worker to be made to work for a period corresponding to the leave period other than for its pay (however, when leaving the job, since there is no longer any work, a monetary payment is made).
Is dismissal possible during pregnancy?
Is dismissal possible during pregnancy? Legally, although the dismissal of a pregnant worker is not entirely prohibited, dismissing her solely because she is pregnant is regarded as discrimination and is prohibited. Under the Labour Law and the principle of equality, terminating because of pregnancy would be unlawful conduct by the employer. If an employer attempts to dismiss a worker whom it has learned is pregnant while there is no other valid reason, the worker may claim discrimination compensation and file a reinstatement action. Pregnancy alone cannot be regarded as a ground for poor performance or for disrupting work. In addition, the employment contract of a female worker cannot be terminated during the maternity leave period (8 weeks before and 8 weeks after the birth, a total of 16 weeks); if it is terminated, the termination is deemed invalid. In practice, pregnant workers are sometimes dismissed on indirect pretexts; in such cases, the worker should seek her legal rights by asserting that she has been discriminated against because of her pregnancy. If the employer dismisses a pregnant worker and the worker wins a reinstatement action, the employer must take her back or pay compensation. In short, the law protects pregnant employees: termination during pregnancy and maternity leave is prohibited; if carried out, it is invalid and carries sanctions. However, if the pregnant worker has been dismissed for another just cause (for example, absenteeism at the workplace), the employer has to prove that this has nothing to do with the pregnancy.
What are the rights to maternity leave and nursing leave?
Maternity leave (birth leave): Female workers are granted the right not to be made to work for a total period of 16 weeks, 8 weeks before the birth and 8 weeks after the birth. In the case of multiple pregnancy (twins, triplets), 2 weeks are added to the pre-birth leave (that is, pre-birth leave becomes 10 weeks). With a doctor's approval, a female worker may, if she wishes, work until the last 3 weeks before the birth; in that case, the pre-birth leave she did not use is added to the post-birth period. This 16-week period is paid leave; the employer does not pay it, but during this period the worker receives temporary incapacity allowance (birth payment, doğum parası) from SGK. At the end of maternity leave, the female worker also has the right, if she requests it, to take unpaid leave of up to 6 months (this unpaid leave period counts towards length of service, but the employer does not pay the SGK premium). Nursing leave: A female worker who has given birth is entitled to nursing leave totalling 1.5 hours every day until the baby reaches the age of 1. The worker may use this leave at whatever times she wishes during the day (generally, for example, 45 minutes each in the morning and in the afternoon, or 1.5 hours in one block). Nursing leave counts as part of daily working time, that is, no salary is deducted for this period. Other rights provided for by law include: 5 days of paternity leave for a male worker whose wife gives birth; 3 days of leave on adoption; and protections such as not having female workers work night shifts until the child reaches the age of 1. In summary, important leave and rights have been granted to female workers during pregnancy and birth, both for their health and for the care of the baby, and the employer is obliged to comply with them.
What should a worker who has an occupational accident do?
A worker who has an accident at the workplace or in the course of carrying out work must first secure their health: medical assistance must be requested immediately (the workplace doctor or emergency medical services must be called) and a hospital must be reached as soon as possible. The worker who has the occupational accident, or their colleagues, must notify the employer immediately of the accident. The employer, in turn, is obliged to make an occupational accident notification to SGK within 3 working days at the latest after learning of the accident. After the accident, the worker's medical expenses are covered by SGK; the worker may receive temporary incapacity allowance. If the worker cannot work for a certain period because of the occupational accident, SGK pays part of their wage during this period (sick-leave report payment, rapor parası). If, as a result of the occupational accident, the worker has become permanently incapacitated, permanent incapacity income may be awarded by SGK. In addition, if the employer was at fault in the accident or neglected occupational safety measures, the worker may claim compensation from the employer. Under pecuniary compensation, loss of wages for the periods in which the worker could not work, medical expenses and, where applicable, future loss of earnings due to permanent disability are claimed; non-pecuniary compensation may also be claimed for the psychological effects of the injury. For these claims, the worker (or, in the event of death, their relatives) may file an action at the labour court. In addition, if the employer is grossly at fault, a criminal investigation may also be conducted. In summary, in the event of an occupational accident, the worker should both benefit from the rights provided by SGK and, if there is negligence attributable to the employer, resort to legal remedies to have their losses compensated.
What can a worker do if the employer does not pay wages?
Under the Labour Law, a worker's wage must be paid at the latest once a month. If the employer does not pay the salary on time or pays it incompletely, certain rights arise for the worker. First, the worker has the right to suspend the performance of work: a worker whose wages are not paid may refrain from working until the wages are paid (this does not amount to a lawful strike; it is a statutory right, so the employer cannot dismiss the worker on the ground of absenteeism). In delays where the wage payment period exceeds 20 days, the worker may exercise the right not to work. Secondly, non-payment of wages is a ground for termination for just cause for the worker. If wages are not paid regularly, the worker may leave the job by having a formal notice served through a notary or by resigning directly for just cause, and may claim severance pay. A worker who has not received wages may also complain to the ALO 170 line of the Ministry of Labour and Social Security, or report the situation directly to the regional labour directorate (İşkur) and request an inspection. If the employer still does not pay, the worker may first apply to a mediator for their receivables and then file an action for unpaid wages at the labour court. For delayed wages, the court also orders the employer to pay the highest interest rate applied by banks to deposits under the legislation (that is, the receivable is collected with interest). In conclusion, a worker whose salary is not paid should first notify the employer of the situation in writing and, if it is not resolved, exercise their statutory rights (not working, termination, legal action).
What should be done in the case of employment without insurance?
Some employers employ workers without notifying SGK (without insurance), which is an unlawful situation. A worker employed without insurance should first warn the employer to rectify this situation. If the employer persists in not registering the worker for insurance, the worker may report the situation to the Social Security Institution (SGK). A complaint may be filed with SGK directly by petition or via the e-Government Gateway (e-Devlet); a report may also be made to the ALO 170 line. If SGK inspectors inspect the workplace and establish that uninsured workers are employed, they impose an administrative fine on the employer and register the worker for insurance retroactively (requiring the missing premiums to be paid with a late payment surcharge). The worker may also file an action for determination of service (hizmet tespiti davası) by proving the periods of uninsured work with documents and witnesses; by court decision, those periods are added to their SGK service record. Working without insurance is risky for the worker: during that period, they cannot receive SGK benefits in the event of a possible occupational accident or illness, and no retirement premiums are paid. For this reason, a worker employed without insurance should report this to the official authorities as soon as possible. In addition, being employed without insurance is also a ground for termination for just cause for the worker; on this ground, the worker may leave the job and claim severance pay. In order to prevent unregistered employment, the State has measures to protect the worker who files a complaint and may keep their identity confidential. Ultimately, a person working without insurance should definitely seek their rights and have their period of employment placed under social security coverage.
In which cases may a worker terminate for just cause?
In certain special situations, the worker may leave by unilaterally and immediately terminating the employment contract, and in that case retains their rights, including severance pay. Article 24 of the Labour Law governs the cases in which the worker may terminate for just cause: - Health reasons: If the nature of the work poses a danger to the worker's health or life, or if the workplace has become unsuitable in terms of health for the worker or their family (for example, the outbreak of a contagious disease at the workplace), the worker may terminate with just cause. - Conduct contrary to the rules of morality and good faith: If the employer engages in degrading conduct or conduct amounting to sexual harassment towards the worker or their family; deceives the worker, underpays their wages or constantly delays payment; or verbally or physically assaults the worker or their family, the worker may immediately leave the job in such situations. For example, the employer insulting the worker, or harassing a female worker, is a ground for termination for just cause. - Non-payment of wages: If the employer does not pay the worker's salary in accordance with the law or the contract, or constantly delays it (such as a delay of more than 20 days), the worker may leave for just cause. - Failure to apply working conditions: If the employer unilaterally changes working conditions to the worker's detriment and the worker does not accept this, and the worker is not employed under the previous conditions, this is also regarded as termination for just cause. - Compelling reasons: If a force majeure event (for example, fire, earthquake, etc.) arises at the workplace that stops work for more than 1 week, the worker may terminate for just cause. In such cases of termination for just cause, the worker may claim severance pay even if they have resigned. They also receive their rights, such as any unpaid wages and leave pay. Where possible, the worker should document the matter on which they will base the termination for just cause (for example, a doctor's report, witness records, or serving a formal notice). A worker who leaves for just cause is not obliged to observe the notice period and is not liable to pay the employer pay in lieu of notice. In short, if the worker is exposed to a serious injustice or health threat, the law grants them the right to end the contract immediately and receive their compensation.
What is a probationary period, and is compensation payable on dismissal during this period?
A probationary period is a period agreed by the parties at the beginning of the employment contract so that they can test each other. By law, the probationary period may be at most 2 months (it may be extended up to 4 months by a collective labour agreement). If the worker and the employer have agreed on a probationary period in the employment contract, during this period the parties may terminate the contract without notice and without compensation. In other words, during the probationary period, the employer may dismiss the worker without giving any reason, and the worker may also leave; in this case, pay in lieu of notice does not arise for either party. Likewise, severance pay is not paid on termination within the probationary period, because the requirement of at least 1 year of work for severance pay is also absent. For example, if the employer dismisses a worker who has worked for 1 month (and is in the probationary period), the worker is paid only their wages up to that day and any rights they have; the employer pays neither pay in lieu of notice nor severance pay. However, even during the probationary period, the worker's rights such as wages and leave remain fully valid; only termination has been made easier. If there is unfair or discriminatory treatment during the probationary period, the worker may still resort to legal remedies (for example, if she is dismissed in the 1st month solely because she is pregnant, this constitutes discrimination). Once the probationary period ends, the normal termination rules apply; if the employer dismisses the worker, it must observe the notice periods and pay compensation where necessary. In summary, the probationary period offers the parties the possibility of separating easily if they cannot adapt to each other, and no obligation to pay compensation arises during this period.
How many days of annual leave are workers entitled to?
Under the Labour Law, a worker who has completed at least 1 year of work from the date of starting work at the workplace becomes entitled to annual paid leave. The annual leave period increases depending on the worker's length of service (period of service) at that workplace: - Those who have worked from 1 year up to 5 years (including 5 years): entitlement to at least 14 days of annual leave. - Those who have worked more than 5 years and up to 15 years: entitlement to at least 20 days of leave. - Those who have worked 15 years or more: entitlement to at least 26 days of leave. These periods are the statutory minimum periods; more leave may be granted by collective labour agreements or employment contracts. In addition, workers aged 18 and under and workers aged 50 and over take at least 20 days of annual leave (a privilege for young and older workers). Weekends, national and religious holidays and general holidays falling within annual leave days are not counted as leave. For example, if a worker who goes on 14 days of leave has 2 weekends within it, the total leave period becomes 14+2 = 16 calendar days, but they are deemed to have used 14 working days of leave. During leave, the worker rests without any deduction from their wages; the wages corresponding to the leave period are paid in advance or as an advance. The employer must grant workers' annual leave without dividing it (if it is to be divided, one part must be at least 10 days). In conclusion, after completing their first year, a worker becomes entitled every year to paid leave of a duration corresponding to their length of service and should use it for the purpose of rest.
What is the maximum weekly working time?
Under the Labour Law, a worker's normal weekly working time is at most 45 hours. In general practice, this time is divided over the 6 working days of the week and arranged as 7.5 hours a day. However, different distributions may also be made at the workplace; what matters is that the total of 45 hours per week is not exceeded. If the employer makes the worker work more than 45 hours, the excess is regarded as overtime and increased pay is paid. In some sectors there may also be lower statutory limits (for example, mine workers work 37.5 hours per week underground). Daily continuous working time is at most 11 hours (including overtime). In other words, a worker cannot actually be made to work more than 11 hours a day. Workers are given breaks such as a lunch break to rest, and these are not counted as working time. A contract may be made for less than 45 hours a week (for example, 40 hours); in that case, the hours above 40 and up to 45 are regarded as work for extended hours (fazla sürelerle çalışma) and are paid with a %25 premium. For example, working 5 days a week at 9 hours a day, for a total of 45 hours, complies with the statutory limit. Work exceeding 45 hours a week, as stated above, must be paid with a %50 premium. The Labour Law also provides for the right to a weekly rest day: a worker who works 6 days must be given rest with full pay on the 7th day (generally Sunday). Making the worker work 7 days without granting this rest day is also contrary to the prohibition. In summary, as a rule a worker should work at most 45 hours a week, and work beyond this limit should be reflected in pay as overtime.
I have not received my severance pay; what should I do?
If a worker who has been dismissed or has left for just cause is entitled to severance pay but the employer does not pay it, there are routes the worker can follow. First, the worker may request payment of the severance pay and any other receivables by sending the employer a formal notice (ihtarname). If the notice does not produce a result or the employer shows no intention to pay, the worker needs to resort to legal proceedings. Since 2018, a mediation application has been mandatory for employee receivables before an action is filed directly. The worker starts the mediation process by applying to the Mediation Centre in the province where they are located (for example, in Adana). If no agreement is reached in the mediation meetings, the mediator draws up the final report. The worker may then file a severance pay action at the labour court. During the court proceedings, the worker may submit documents such as the employment contract, payslips and SGK records, as well as witnesses, to prove their right. Since the worker's gross wage and length of service are known, severance pay is generally a receivable that is easy to calculate; the court determines the amount due and its interest and gives a decision. If the employer persists in not paying, enforcement proceedings may be initiated on the basis of the court decision, and collection may be made from the employer's assets. In addition, if a reinstatement action has been won and the employer neither reinstates the worker nor pays the compensation, recourse is had to enforcement in the same way. In conclusion, the worker should definitely claim severance pay, first through a mediator and then through an action. In such cases, since statutory interest runs from the date of termination, delay will also carry an additional cost for the employer.
What are the conditions for unemployment benefit?
Unemployment benefit (unemployment allowance) is income support paid by İŞKUR to an insured worker who has become unemployed for reasons other than their own wish and fault, on condition of having paid premiums for certain periods. To become entitled to unemployment benefit: (1) The worker's employment contract must have been terminated by the employer (a person who resigns or leaves of their own accord without just cause cannot receive it). (2) Unemployment insurance premiums must have been paid for at least 600 days in the last 3 years. In addition, the worker must have worked without interruption during the last 120 days before leaving the job (continuation of insured status). A worker who meets these conditions must apply to İŞKUR for unemployment benefit within 30 days of the date of leaving the job (if they are late, they may suffer a loss of rights). The period of unemployment benefit to which the worker is entitled depends on the number of premium days in the last 3 years: a person with 600 premium days may receive benefit for 180 days (6 months), a person with 900 premium days for 240 days (8 months), and a person with 1080 or more premium days for 300 days (10 months). The amount of the benefit is %40 of the average gross earnings of the last 4 months; however, the monthly benefit may not exceed %80 of the gross minimum wage. A person receiving unemployment benefit is required during this period to accept suitable jobs offered by İŞKUR and to attend courses; otherwise, the benefit may be cut off. In addition, while unemployment benefit is being received, health insurance is also covered by the State. In summary, if a dismissed worker has a sufficient premium history and applies to İŞKUR promptly, they can benefit from some financial support by receiving unemployment benefit until they find a new job.
Employment law is one of the fundamental dynamics of social and economic life, governing the relationship between employee and employer. This broad field, which extends from severance pay to reinstatement procedures and from overtime receivables to workplace bullying (mobbing) allegations, raises many questions for both parties. Questions such as "Can I receive severance pay?", "My employer dismissed me unfairly; what should I do?" and "Is mediation mandatory?" occupy the minds of everyone who faces this process. As YBS Hukuk Bürosu, we have prepared for you, as a guide, the Adana Employment Law Frequently Asked Questions section, in which we have brought together the topics people most often ask about in this complex process.
This page has been designed so that you can find clear and understandable answers to the most frequently encountered questions, from the rights and obligations of workers and employers to the functioning of court proceedings. Our aim is to make legal terms and processes more understandable, to ease your concerns to some extent and to lay the groundwork for you to take informed steps when you need professional legal support. This collection has been carefully put together under the heading Adana Employment Law Frequently Asked Questions so that you can find answers to the questions on your mind, from the most basic to the most specific.
YBS Hukuk Commentary
One of the biggest strategic mistakes made in employment disputes is to disregard the legal consequences of digital correspondence with the employer, such as WhatsApp messages or emails. The Court of Cassation now accepts such digital correspondence, under certain conditions, as important evidence concerning the employment relationship. For example, an overtime instruction given by a manager via WhatsApp may play a key role in proving overtime, and a workplace bullying (mobbing) complaint notified by the worker by email may play a key role in proving the existence of mobbing. Conversely, a message such as "I resign" written by the worker in a moment of anger may be used as evidence against them, even if they have a just cause. For this reason, conducting all digital correspondence during or at the end of the employment relationship in professional and careful language, in the awareness that it may later be submitted as evidence in court, should be your most basic defence strategy.
A Warning from YBS: Be Careful About the Documents You Sign When Leaving Your Job
One of the most common and most dangerous mistakes made by workers is, when leaving the job, to sign documents headed "release" (ibraname) placed in front of them by the employer, usually with the promise that severance pay or pay in lieu of notice will be paid, which are blank or contain a general statement such as "I have received all my rights". Article 420 of the Turkish Code of Obligations lays down very strict conditions for the validity of a release. For a release to be valid, it is mandatory for the payment to be made "banka aracılığıyla" "through a bank" (unofficial translation). A release signed on the assertion that payment was made in cash and not supported by a bank receipt is regarded as invalid by the Court of Cassation. For this reason, you should never sign any document under the name of "release" whose content you do not fully understand or which is blank, before all of your statutory rights have been deposited into your bank account.
It is entirely natural to have questions about legal processes, and seeking well-founded answers to these questions is the first and most important step towards protecting your rights. This Adana Employment Law Frequently Asked Questions collection page and our Employment Law Articles archive, which we have prepared as YBS Hukuk Bürosu, aim to help you take this step and to offer you a starting point.
We would like to remind you once again that the information here is for general information purposes, that every legal situation is unique, and that it cannot replace professional advice from a lawyer. For more detailed information and legal strategies specific to you, please do not hesitate to contact the YBS Hukuk office. We hope that this comprehensive Adana Employment Law Frequently Asked Questions guide will be useful in clearing up the basic questions on your mind.
Useful Information: What Is the "Equity Reduction" (hakkaniyet indirimi) in Overtime Claims?
Where overtime, weekly rest day or general holiday receivables are proven solely on the basis of witness statements rather than written evidence such as workplace records, the Court of Cassation generally requires an "equity reduction" at a rate of %10 to 30 to be made from the total receivable calculated. The reason for this is that it is considered contrary to the ordinary course of life for a worker to work overtime every day over a long period without ever taking leave or falling ill. For this reason, supporting overtime receivables with written evidence (time sheets, emails, etc.) is of critical importance in preventing this reduction from being applied.