Labor Claims

Employee receivables are the monetary payments that an employer must make to an employee in return for their work. While the employee's work performance constitutes a continuous obligation, the employer's payment of wages is considered a periodic obligation.

An employee's entitlement to compensation is not limited solely to salary payments. In addition, they are entitled to overtime pay, bonuses, weekend pay, public holiday pay, and annual leave pay, which are payments they are entitled to receive while their employment contract is in effect. Conversely, entitlements such as severance pay, notice pay, compensation for unfair dismissal, discrimination compensation, job search leave pay, compensation for wrongful dismissal, and death benefit are entitlements they can acquire after the termination of their employment contract.

The employer is obligated to pay the employee all claims and entitlements listed above, as well as any other claims that may arise. If the employer fails to fulfill this obligation, the employee has the right to claim and sue the employer for these entitlements under the provisions of the Constitution, the Turkish Code of Obligations, the Labor Law, and other relevant laws, or general legal provisions.

To define the worker's entitlements:

1. Salary Receivable

The employee will receive a fixed wage for working a maximum of 45 hours per week. The employer must make the payment within 20 days of the end of the working period. Otherwise, the employee has the right to terminate the employment contract for just cause.

2. Overtime Pay

Work exceeding 45 hours per week is considered overtime, and the employee is entitled to 50% of their hourly wage as overtime pay. Even if the weekly working hours do not exceed 45 hours, work exceeding 11 hours per day is also considered overtime, and in all cases, written permission from the employee is required for overtime work. In workplaces where the weekly working hours are less than 45 hours (for example, 30 hours per week), if an employee works 40 hours, they should be paid 25% of their hourly wage as overtime.

3. Premium Fee

Bonus payments refer to a practice where employers reward employees with a percentage of their sales or services performed, aiming to encourage them to work harder. The goal is to increase productivity and thus raise profit margins. An employee is entitled to this bonus if they exceed a limit set by their employer.

4. Weekend Holiday Pay

According to the relevant article of the Labor Law, an employee must be given at least one full day (24 hours) of uninterrupted weekly rest within a 7-day working period. The employer pays the employee their full wage for that day as if they had worked. However, if the employee works on their weekly rest day, they are paid 50% extra for that day, which is calculated as 2.5 times their regular wage.

5. Holiday and Public Holiday Pay

Our national holidays and public holidays are as follows:
1. New Year's Day (January 1),
2. National Sovereignty and Children's Day (April 23)
, 3. Labor Day (May 1),
4. Youth and Sports Day (May 19),
5. Democracy Day (July 15)
, 6. Victory Day (August 30)
, 7. Republic Day (October 29),
8. Ramadan and Eid al-Adha.

These days, the worker does not work because it is a national holiday and day off, and is paid in full for these days. However, if the employer makes the worker work on these days, an additional full day's wage must be paid for each day worked.

6. Annual Leave Entitlement

An employee is entitled to this leave after working for one (1) year. This period includes the probationary period at the time of initial employment. An employee cannot waive this leave, which is granted as compensation for their work after one year of employment. The employee can use this annual leave whenever they wish, and their wages for this period are paid in advance.

Annual leave cannot be taken in seasonal or periodic jobs.

Annual leave entitlements vary depending on the employee's length of service. If an employee
has worked for one to five years, they are entitled to at least fourteen days of annual leave; if they have worked for more than five
years but less than fifteen years,
and if they have worked for fifteen years or more, they are entitled to at least twenty-six days
.

Annual leave periods can be increased through individual and collective labor agreements. While any increase depends on the parties' agreement, in any case, annual leave cannot be shorter than the periods stipulated in the relevant law.

Annual leave can be taken in two separate periods, each lasting no less than one week. The employee is not required to use all of their annual leave in the same period. Annual leave does not expire until the employee uses it, and the employer is obligated to grant it.

The employee claims we have listed so far are the most fundamental employee claims that should be applied as usual in the continuation of the employment contract between the employee and the employer. While a 5-year statute of limitations applies to these claims, the employee cannot make any claims against the employer after this period has passed, resulting in the employee losing their rights. Therefore, you need to know your rights and pursue them before this time expires. Otherwise, if the employer fails to fulfill their obligations regarding these claims, the employee will have no recourse.

The entitlements we will now discuss are those that an employee is entitled to from the moment their employment contract is terminated or expires.

1. Severance Pay

Severance pay is a right granted to an employee after the termination of their employment contract for certain reasons. Primarily, the employee must be working in a job subject to the Labor Law and must have been employed for at least one year. If the employee terminates their employment contract voluntarily (resigns), they are not entitled to severance pay.

Even if an employee terminates their employment contract for justifiable reasons, they are entitled to severance pay. These rights are listed in Article 24 of the relevant law. The employer also has the right to terminate the contract for justifiable reasons, as listed in Article 25 of the same law. In this case, the employer does not pay severance pay. If the employer unilaterally terminates the employee's contract for a reason unrelated to Article 25, the employee will still be entitled to severance pay.

The wage used as the basis for calculating severance pay is the employee's gross wage, including all benefits.

2. Severance Pay

Notice pay is a type of compensation that must be paid to the other party if neither the employee nor the employer fulfills their obligations. Unlike severance pay, notice pay does not require a one-year employment period; however, if the employment contract is to be terminated outside of the probationary period, the other party must be notified a certain period in advance.

The employment contract shall be deemed terminated if the employee has worked:
1. Less than six months, two weeks after the notification;
2. Between six months and one and a half years, four weeks after the notification;
3. Between one and a half and three and a half years, six weeks after the notification;
4. More than three years, eight weeks after the notification
.

If the notice period is not observed, severance pay equal to the wages for that period must be paid. The calculation of severance pay is based on gross wages, including all benefits.

3. Job Search Leave Pay

During the notice period, the employee must be granted time off to search for a new job. This time off must be at least two hours per day, or it can be taken collectively until the end of the notice period. If this time off is not granted or is granted incompletely, the employee will be paid double the hourly wage for the two hours not used.

4. Discrimination Compensation

Employers cannot discriminate against any employee based on their religion, language, race, political views, or any other factor. They have an obligation to treat all employees equally. Compensation for discrimination is calculated based on the employee's last gross salary and can amount to up to four months' salary.

5. Malicious Intent Compensation

This situation arises when an employer abuses their right to terminate an employment contract. It only applies to indefinite-term employment contracts. If an employee sues their employer for a wrongful act, and the employer dismisses the employee, this constitutes an example of compensation for bad faith termination. Furthermore, it can be awarded along with severance pay.

6. Death Compensation

In the event of an employee's death, the employment contract automatically terminates. In this case, the employer is obligated to pay the surviving spouse, children, and dependents of the deceased employee an amount equivalent to one month's salary if they worked for less than five years, and two months' salary if they worked for more than five years. This death benefit does not pass to legal heirs and is paid to the individuals mentioned above.

 

For detailed information regarding other claims and compensation rights mentioned here and those not mentioned, please contact us.