Dismissal is a common situation in business life, and many workers wonder what their rights are in this situation. Labor Law, rights of dismissed workers It provides security and determines some rules that the employer must comply with. Knowing these rights prevents workers from being victimized in case of dismissal. In this article, we will detail severance pay, notice pay, unemployment benefits and other legal rights of laid-off workers.
Right to Severance Pay in Case of Dismissal
Severance pay is a type of compensation calculated based on the time the worker spends at the workplace. The dismissed worker may be entitled to receive severance pay. However, in order to be entitled to severance pay, the employee must have worked in the same workplace for at least 1 year. Severance pay is paid in the amount of one month’s gross wage for each employee’s working year.
According to the Labor Law, if the employer dismisses the employee without giving a valid reason, the employee is entitled to severance pay. However, if the employee is dismissed for justified reasons (for example, absenteeism, inappropriate behavior at work, etc.), the right to severance pay is lost. Therefore, whether severance pay will be paid varies depending on the reason for dismissal.
Right to Notice Compensation
Notice compensationIt is a compensation paid if the employer does not comply with the obligation to notify the employee within a certain period of time when dismissing the employee. The employer must provide a certain notice period before dismissing the employee or pay the compensation corresponding to this period. According to the Labor Law, notice periods vary depending on the employee’s working period:
- For 0-6 Month Employees: 2 weeks
- For Employees 6 Months – 1.5 Years: 4 weeks
- For 1.5 Years – 3 Years Employees: 6 weeks
- For Those Working More than 3 Years: 8 weeks
If the employer dismisses the employee without giving this period, he must pay notice compensation. This compensation is paid in case the employee is dismissed without complying with the employer’s notice period during the employee’s employment.
Right to Unemployment Benefit
Another right that dismissed workers can benefit from is is unemployment benefit. Unemployment benefits are paid to employees who are unemployed under unemployment insurance for a certain period of time. However, there are some conditions to benefit from unemployment benefits:
- Insured Working Period: The worker must have worked uninterruptedly for the last 120 days before the date of dismissal.
- Number of Premium Days: The worker must have paid unemployment insurance premiums for at least 600 days in the last 3 years.
- Reason for Dismissal: The employee must be dismissed against his will. Workers who resign are not entitled to unemployment benefits.
Unemployment benefits provide economic support to laid-off workers and are paid regularly over a certain period of time. The worker must apply to İşkur to apply for unemployment benefits.
Unused Annual Leave Fee
If the dismissed worker has unused annual leave days, the wages for these leaves must be paid to the worker. According to the Labor Law, annual leave days that the employee is entitled to but does not use are converted into wages on the date of termination of the employment contract. In this case, the employer must pay the employee the wage for the unused leave days.
Overtime Wages
The dismissed worker has the right to demand payment for overtime worked at the workplace. According to the Labor Law, the employer is obliged to pay additional wages to the employee who works overtime. If the dismissed employee has unpaid overtime receivables, the employer is obliged to pay these wages to the employee. The employee can demand from the employer that he/she will receive overtime and, if necessary, seek his/her rights by taking legal action.
Bad Faith Compensation
If the employer dismisses the employee in bad faith, the employee bad faith compensation may request. Bad faith compensation is paid in cases where the employer dismisses the employee unfairly or with bad faith. For example, it is considered bad faith if the employer fires the employee because he is a member of the union or if the employee is dismissed because he is seeking his rights. In this case, the employee may request compensation for bad faith from the employer.
Right to File a Reinstatement Case
The dismissed worker has the right to request reinstatement. reinstatement caseIt is a lawsuit that an employee can file in cases where he/she thinks that he/she has been unfairly dismissed. However, in order to file this lawsuit, the workplace must have at least 30 employees and the worker must have worked at the same workplace for at least 6 months. The reinstatement case must be filed within 1 month from the date of termination of the employment contract. If the court decides to reinstate the employee, the employer may have to reinstate the employee or pay compensation.
Conclusion
The rights of the employee in case of dismissal are protected by the Labor Law. Rights such as severance and notice pay, unemployment benefit, annual leave pay, overtime payment and bad faith compensation are important to ensure that the dismissed worker is not victimized. When workers act with knowledge of these rights, they can protect their legal rights without suffering in the event of dismissal. laid off workers, workers’ rights to call and take necessary steps legal support It is recommended to take them.
