In case of termination of the employment contract the employee has several right that they can demand from the employer in specific cases.
Severance Pay
In cases such as; dismissal without a just cause or termination of the employment contract for justified reasons such as insufficient payment of wages, the employer saying things that will harm honor and dignity of the employee, harassment and such justifiable reasons the employee is entitled to severance pay when the employment contract is terminated, provided that he has worked at the workplace for more than one year. The employee is entitled to severance pay in case of termination due to the necessities of the job, such as the closure of the workplace, or the worker's requirements, such as poor performance also.
Right to Reemployment
An employee who is dismissed without a justified or valid reason may request his reemployment, provided that more than 30 employees are employed at the workplace and the employee has at least 6 months of seniority. For the request for reemployment, the employee must apply for mediation within 1 month from the notification of termination, and file a lawsuit within 2 weeks if the mediation negotiations result in a negative result.
Notice Pay
Before the termination of an indefinite-term employment contract, the termination must be notified for the employee to be dismissed. The notice period varies according to the seniority of the worker;
2 weeks for employees who have worked less than 6 months,
4 weeks for employees who have worked between 6 months to 1.5 years,
6 weeks for employees who have worked between 1.5 years to 3 years,
8 weeks for employees who have worked for more than 3 years
The party that does not comply with these deadlines for termination may have to pay for notice upon the request of the other party. In case of termination for justified reasons, the employee or employer may terminate the contract immediately without this.
Overtime Pay
The weekly working hour is 45 hours in Turkey. If this period is exceeded on a weekly basis, the employer pays the employee for work exceeding 45 hours, by increasing the amount per hour of the normal working wage by fifty percent for each hour of overtime work.
National Holiday and Vacation Pay
If the employee does not work on the days accepted as national holidays and general holidays in the law, the wages of that day are in full without any work, and if they work without a holiday, a daily wage is also paid for each day worked.
Annual Leave
Employees who have worked at the workplace for at least one year, including the probationary period, are granted annual paid leave from the day they start working at the workplace.
The right to annual paid leave cannot be waived.
The annual paid leave period to be given to the employees are as follows in light of the length of employment;
14 days for those who are 1 to 5 years (including 5 years),
20 days for those who are more than 5 years and less than 15 years,
26 days for those who have 15 years (including) and more.
Weekends
Employees are given at least twenty-four hours of uninterrupted rest (weekend) within a seven-day period. For the non-worked weekday, the employer pays the wage of that day in full, without any compensation for work.
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