WHAT ARE THE STATUTE OF LIMITATIONS FOR LABOR CLAIMS?
WHAT ARE THE STATUTE OF LIMITATIONS FOR EMPLOYMENT CLAIMS?
In this article, I will try to provide information to you, my dear readers, about the questions I receive most often, which include: statute of limitations for employment claims, when the statute of limitations begins, the statute of limitations for severance pay, the statute of limitations for notice pay, the statute of limitations for annual leave pay, the statute of limitations for overtime pay and other employment claims, the statute of limitations for compensation lawsuits arising from work accidents, preclusive periods in re-employment lawsuits, and matters to be considered regarding preclusive periods in service determination lawsuits.
The Labor Law No. 4857 stipulates different statute of limitations for employment claims. A statute of limitations means that if a due claim is not requested from the debtor within the period determined by law, the claim can no longer be requested. The statute of limitations is a situation that can only be taken into account if it is raised by the debtor and does not eliminate the creditor's right to the claim. If the statute of limitations is determined in the law as a preclusive period, a lawsuit for the claim can no longer be filed once the period expires. The first condition for the statute of limitations period to begin is that the claim must have arisen, or in other words, it must have become due. The statute of limitations periods regulated in the law will begin the moment the claim becomes legally enforceable.
Statute of Limitations for Employment Claims;
The statute of limitations for employment claims is specifically regulated in the Labor Law. The general statute of limitations for contractual claims is ten years. Statute of limitations periods regarding employment claims have been regulated separately.
Statute of Limitations for Severance Pay;
The statute of limitations period regarding severance pay claims is regulated as 5 years in the Labor Law.
With the amendment dated 12.10.2017, the 10-year statute of limitations for severance pay was reduced to 5 years with an additional article brought to the Labor Law, and external regulations were made regarding the statute of limitations periods that had already begun to run.
Statute of Limitations for Notice Pay;
The statute of limitations period regarding notice pay claims is regulated as 5 years in the Labor Law.
In order for notice pay to be claimed, the notice period arising from the law must not be complied with during the termination phase of the employment contract. If the employment contract is terminated without complying with the notice periods, the claim becomes due and the statute of limitations begins.
Notice pay can be claimed both from the employer and from the employee who terminated the employment contract without complying with the notice periods. The statute of limitations period is regulated in the same way for both the employee and the employer.
Statute of Limitations for Annual Leave Pay;
When an employee's employment contract ends, they become entitled to annual leave pay for the annual leave they were entitled to throughout their employment but did not use.
According to the Labor Law, the statute of limitations for annual leave pay is also regulated as 5 years.
Statute of Limitations for Overtime Pay and Other Employment Claims;
In Labor Law No. 4857, no separate statute of limitations period has been stipulated for overtime pay, weekly rest pay, and national and public holiday pay.
The statute of limitations period for wage claims is regulated as 5 years in the Labor Law.
An employee's overtime pay, weekly rest pay, and national and public holiday pay are included within the broad definition of wages, and it is accepted that the statute of limitations for these claim items is also 5 years, as it is for wage claims.
For these claim items, the statute of limitations begins the moment the relevant work is performed. Because, in terms of overtime pay, weekly rest pay, and national/general holiday pay, the claim becomes due at the moment the employee performs work of this nature. The employee's overtime, weekly rest, and general holiday pay can only be claimed for the 5 years dating back from the date the lawsuit is filed.
If requested by the employee, the statute of limitations for bad faith compensation and compensation for non-equal treatment is also regulated as 5 years.
Statute of Limitations for Compensation Lawsuits Arising from Work Accidents;
The main issue in work accident compensation is accepted as the type of compensation for which the employer is held responsible due to acting contrary to the employment contract with the employee and failing to fulfill their obligations regarding occupational health and safety.
The types of compensation that an employee can claim from the employer due to a work accident are; loss of earning capacity in the profession, material and moral damages suffered, and damages suffered due to the impairment of future economic prospects.
The employer is subject to a 10-year statute of limitations due to acting contrary to the employment contract. The starting date of the statute of limitations for these compensations is accepted as the date of the accident, which is the date the damage occurred.