Employee Receivables, Termination and Reinstatement in 25 Questions — Atty. Aylin Esra Eren
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
Atty. Aylin Esra Eren
Attorney Aylin Esra Eren explains employee receivables, termination, and reinstatement with 25 questions and answers.
You can open the explanation by tapping on the question title.
What compensation can an employee dismissed from work receive?
Depending on the employee's seniority, reason for termination, wage, and working conditions, severance pay, notice pay, annual leave, and other employment receivables can come into question.
Details of the topic: What Compensation Can an Employee Dismissed from Work Receive?.
Can the employer dismiss the employee without compensation?
The employer's authority for termination for just cause depends on statutory conditions. Every performance issue or workplace dispute is not a reason for termination without compensation.
Can an employee who resigns receive severance pay?
As a rule, an employee who leaves of their own accord cannot receive severance pay. However, the right to compensation can arise in just termination listed in the law, retirement, and other special situations.
Details of the topic: Can an Employee Who Resigns Receive Severance Pay?.
How does the employee prove overtime wages?
Workplace records, time-tracking sheets, entry-exit records, correspondence, and witness statements are evaluated together.
Can the employee quit if the employer pays the salary late?
If the wage is not paid in accordance with the law, termination for just cause within the scope of Article 24 of the Labor Law can come into question.
Can the employer force the employee to take unpaid leave?
Unpaid leave requires the agreement of the parties as a rule. Substantial changes in working conditions cannot be made without the employee's written consent.
Within how many days must a dismissed employee file a reinstatement lawsuit?
It is necessary to apply to the mediator within one month from the notification of the termination notice. If no agreement is reached, a lawsuit must be filed within two weeks from the issuance of the report.
Can an employee be dismissed because they obtained a medical report?
Merely obtaining a medical report is not an automatic reason for termination. The conditions in Article 25 of the Labor Law and the concrete case are evaluated.
Can the employer make disciplinary deductions from the employee's salary?
Wage deduction penalties can only be applied under conditions permitted by law. The employer cannot make arbitrary deductions.
What happens if the employee leaves work without using annual leave?
Unused annual leave wages must be paid upon the termination of the employment contract.
Can an employee dismissed during the probation period receive compensation?
During the probation period, the parties can terminate the contract without being bound by the notice period. However, wages and other vested rights related to the worked period must be paid.
Can the employer send the employee to another branch?
If it constitutes a substantial change in working conditions, Article 22 of the Labor Law applies. The employee's written consent is required.
What can a pregnant employee do if they are dismissed?
Discriminatory termination due to pregnancy can be unlawful. Reinstatement, discrimination compensation, and other receivables can be claimed if conditions are met.
How is mobbing compensation obtained in the workplace?
Systematic psychological pressure can constitute a violation of personal rights and breach of the employment contract. Material and moral compensation can be requested under appropriate conditions.
Can the employer check the employee's phone?
The employer's supervisory authority must be proportionate. The employee's private correspondence and personal data must be protected.
What rights does an employee have if they have an accident at the workplace?
In the event of a work accident, SSI notifications, temporary incapacity allowance, and material and moral compensation claims, if conditions are met, can come into question.
What can be done if the employer makes the employee work without insurance?
Application to the SSI and options for a service determination lawsuit can be evaluated. There are special periods and proof rules in service determination lawsuits.
What happens if the employee's actual salary is reported low to the SSI?
Relevant administrative and judicial paths can be used to determine the actual wage and report premium differences. Bank records and workplace documents are important in proving the wage.
Can an employee receive compensation if the employer insults them?
Insult can be a reason for termination for just cause and moral compensation depending on the characteristics of the concrete case.
Can an employee receive severance pay if they leave due to retirement?
Severance pay can be claimed under statutory conditions such as retirement or the completion of retirement conditions other than age.
Does the right to reinstatement get lost if the employee works in another job after being dismissed?
Working in another job is not an obstacle to filing a reinstatement lawsuit on its own. However, statutory periods and other conditions must be observed.
Can the employer dismiss the employee via WhatsApp?
The form, content, and notification conditions of the termination notice are evaluated. It is not correct to say that electronic messaging is a valid termination notice in every case.
What should an employee do if they receive part of their salary off-the-books (in cash)?
Bank records, correspondence, payrolls, and witnesses can be evaluated to determine the actual wage. Application can be made for the wage reported insufficiently to the SSI.
Can the employer make the employee work on their weekly rest day?
The right to a weekly rest day is protected within the scope of the Labor Law. In case of work performed, statutory wages must be paid to the employee.
Can an employee who leaves work not work elsewhere due to the non-compete clause?
A non-compete clause can only be valid when it fulfills the written form, scope, and duration conditions in the Turkish Code of Obligations.