Seniority indemnity – Muhasebe News

Is It Possible to Receive Seniority Indemnity After Marriage According to Turkish Labor Law?

MuhasebeNews — Thu, 22 Jun 2017 07:48:54 +0000

1- IF A PERSON TERMINATES LABOR AGREEMENT AFTER MARRIAGE, CAN HE/SHE RECEIVE SENIORITY INDEMNITY?
The right to terminate labor agreement within 1 year after the date of marriage is exclusively given to women according to Turkish Labor Law. If a woman voluntarily terminates her labor agreement within 1 year after the date of her marriage, she has a right to receive seniority indemnity in the amount of 30 day salary for each year from the starting day of the employment. Woman employee is supposed to terminate her labor agreement within 1 year after the date of her marriage and demand her seniority indemnity.

SAMPLE 1: IF WOMAN EMPLOYEE TERMINATES HER LABOR AGREEMENT 10 MONTHS AFTER THE DATE OF HER MARRIAGE, IS SHE ENTITLED TO RECEIVE SENIORITY INDEMNITY?
If a woman has to terminate her labor agreement 10 months after the date of her marriage, she is entitled to receive seniority indemnity. According to article 14 of the Labor Law numbered 1475, it is clearly stated that if a woman employee voluntarily terminates her labor agreement within 1 year after the date of her marriage, she is entitled to receive seniority indemnity.

SAMPLE 2: IF A WOMAN TERMINATES HER LABOR AGREEMENT 1 YEAR 2 MONTHS AFTER THE DATE OF HER MARRIAGE, IS SHE ENTITLED TO RECEIVE SENIORITY INDEMNITY?
ıf a woman employee terminates her labor agreement 1 year 2 months after the date of her marriage, she is not entitled to receive seniority indemnity. According to article 14 of the Labor Law numbered 1475, it is clearly stated that if a woman employee voluntarily terminates her labor agreement within 1 year after the date of her marriage, she is entitled to receive seniority indemnity.

Source: Labor Law

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If an Employer Dismisses Employee by Claiming that Employee Disobeys Good Will and Ethics, Is He Supposed to Pay Seniority Indemnity in Turkey?

MuhasebeNews — Sat, 17 Jun 2017 10:38:00 +0000

Employee has no right to get seniority indemnity. Because in repealed article 14 of the Labor Law numbered 1475, if employer terminates labor agreement because of reasons stated in clause II of the article 25 of the Law numbered 4857, he/she should pay seniority indemnity to the employee.

Article 14 of the Labor Law numbered 1475 – If labor agreement of employees who are subjected to this law is terminated;
1. Because of reasons except from ones stated in clause II of article 17 of this Law;
2. (By the employee) in accordance with article 16 of this Law;
3. Because of military service;
4. Because of old age, retirement or disabled pension or in order to get lump sum payment from their own legal institutions and funds;
5. If an employee leaves his/her job willingly, by fulfilling insurance period and days for premium payment in order to get old age pension according to some conditions except from estimated ages; and if a woman willingly terminates her labor agreement within one year after the date of marriage or an employee passes away, the employer should pay seniority indemnity for each year, during when labor agreement has been active since the beginning of the employment. That amount should be 30-day fee for each year.

Article 25 of the Labor Law numbered 4857 – (II) – The situations and similar conditions that are against good will and ethics are indicated below;
a) When employee misleads his/her employer by telling nonrealistic data and words, by claiming that he/she has required qualifications for the important issues of the business even though he/she does not possesses required qualifications.
b) When employee says or acts against one of employer’s family members’ honor and reputation or gives unfounded notification and defames his/her employer.
c) When employee abuses another employee(s) in the office.
d) When employee teases his/her employee or one of employer’s family members or other employee(s) and when employee come at work woozily or by getting drugged and when he/she uses these kinds of drugs.
e) When employee acts against integrity and loyalty, like breach of faith, robbery, revealing employer’s trade secrets.
f) When employee commits a crime in the office and receives imprisonment more than 7 days (however, the sentence shouldn’t be postponed.)

Source: Labor Law

If an Employee Leaves his Job in Order to Receive Lump Sum Payment, Will He/She Have a Right to Get Seniority Indemnity in Turkey?

MuhasebeNews — Tue, 13 Jun 2017 07:46:15 +0000

1- WHAT IS LUMP SUM PAYMENT?
Lump Sum Payment: If an insured employee fulfills the age limit that is required for retirement even though he/she cannot fulfill number of days for premium payment and/or insurance period, he/she will not have a right to get pension. In this case, the insured employee may demand his/her premium payments as a lump sum payment.

2- IN CASE OF THE DEATH OF AN INSURED EMPLOYEE, TO WHOM SHOULD LUMP SUM PAYMENT BE MADE?
In case of the death of insured employee, lump sum payment should be made to beneficiaries if employee’s beneficiaries do not have a right to get widow’s pension because insured employee does not fulfill number of days for premium payment and/or insurance period.

3- IN AN EMPLOYEE LEAVES HIS JOB IN ORDER TO RECEIVE LUMP SUM PAYMENT, WILL HE/SHE HAVE A RIGHT TO GET SENIORITY INDEMNITY IN TURKEY?
If an employee leaves his job in order to receive lump sum payment, he/she will have a right to get seniority indemnity.

Because it is considered that it is a valid reason to leave the job in order to receive lump sum payment in line with article 14 of the Labor Law numbered 1475.

Source: Labor Law

Is a Shipman Entitled to Get Seniority Indemnity If He Leaves His Job in Order to Receive Old Age Pension in Turkey?

MuhasebeNews — Thu, 08 Jun 2017 15:12:20 +0000

1- IS A SHIPMAN ENTITLED TO GET SENIORITY INDEMNITY IF HE LEAVES HIS JOB IN ORDER TO RECEIVE OLD AGE PENSION ACCORDING TO MARITIME LABOR LAW NUMBERED 854?
Shipman who leaves his job in order to receive old age pension is entitled to get seniority indemnity according to Maritime Labor Law numbered 854. Since leaving the job in order to receive old age pension requires getting seniority indemnity in accordance with article 20 of the Maritime Labor Law numbered 854.

2- IS A SHIPMAN WHO LEAVES HIS JOB BY BEING RETIRED DUE TO DISABILITY ENTITLED TO GET SENIORITY INDEMNITY ACCORDING TO MARITIME LABOR LAW NUMBERED 854?
According to Maritime Labor Law numbered 854, a shipman who leaves his job by being retired due to disability entitled to get seniority indemnity.

Source: Maritime Labor Law

Can You Cut Back on Seniority Indemnity in Turkey?

MuhasebeNews — Mon, 05 Jun 2017 14:23:33 +0000

1- CAN YOU CUT BACK ON SENIORITY INDEMNITY?
Stamp tax can be cut back on seniority indemnity, there is no any other cut on it.

2- DOES 30-DAY FEE PAID FOR EACH YEAR INCREASE IN SENIORITY INDEMNITY?
30-day fee paid for each year may increase in seniority indemnity. In article 14 of the Labor Law numbered 1475, it is clearly stated that 30 day period of time related to seniority indemnity can go in worker’s favor with labor agreements and collective labor agreements.

Source: Labor Law

Which Situations are regarded as Overworking in Journalism According to Turkish Press Law?

MuhasebeNews — Thu, 25 May 2017 07:30:36 +0000

1- WHICH SITUATIONS ARE REGARDED AS OVERWORKING IN JOURNALISM?
Overworking during day or night shifts, working during national holidays, holidays and weekends are regarded as overworking according to Turkish Press Law.

2- IS THERE NEEDED A WRITTEN AGREEMENT WITH JOURNALIST?
It is obligatory to make a written agreement between the employer and the journalist.

3- SHOULD ONE CALCULATE ALL OF THE EMPLOYMENT PERIODS FOR SENIORITY INDEMNITY EVEN IF HE/SHE WORKS IN DIFFERENT GAZETTES?
Seniority indemnity should be calculated since the date when the journalist enters this profession.

4- IF A JOURNALIST LEAVES HIS/HER JOB WITHOUT USING HIS/HER ANNUAL LEAVES, SHOULD THERE BE MADE A VACATION PAYMENT?
If a journalist has not used his/her annual leaves during his/her employment period, in the event of dismissal of journalist, vacation payment should be given to him/her.

Source: Press Law

If an Employee Does not get a Rise in his/her Salary, Can he/she quit his/her Job by getting Seniority Indemnity?

MuhasebeNews — Wed, 24 May 2017 09:01:40 +0000

CAN AN EMPLOYEE WHO DOES NOT GET A RISE IN HIS/HER SALARY QUIT HIS/HER JON BY GETTING SENIORITY INDEMNITY?
Any kind of rule related to when and how the salaries will be raised is not clearly determined. In legislative regulations about salaries, it is solely indicated that employees cannot be employed with subminimum rate.

Apart from that, provisions on salaries can be specified in labor agreements. If there are no binding provisions in labor agreements, the initiative related to this provision belongs to the employer.

Even though there is no provision about a rise in salary, an employee who quits his/her job because of salary dispute is regarded that he/she resigns, so that he/she will not have a right to indemnity.

Source: Labor Law

Is It Possible to Terminate Labor Contract of An Employee Who Has A Long Term Medical Report?

MuhasebeNews — Tue, 16 May 2017 14:32:07 +0000

1- IS IT POSSIBLE TO TERMINATE LABOR CONTRACT OF AN EMPLOYEE WHO HAS A LONG TERM MEDICAL REPORT?
An employer may terminate an employee’s labor contract because of discontinuance related to health problems.

2- IF AN EMPLOYEE HAS A LONG TERM MEDICAL REPORT, IS IT POSSIBLE FOR HIM TO GET SENIORITY INDEMNITY?
In order to terminate labor contract because of long term medical report, that report period should exceed 6-week notification period which is determined due to working hours; and seniority indemnity should be paid as a result of termination of labor contract.

Source: SSI

What is the Period of Annual Leave of Journalists in Turkey?

MuhasebeNews — Thu, 11 May 2017 08:07:36 +0000

1- WHAT IS THE ENFORCEMENT OF NOT PAYING THE FEES OF JOURNALISTS ON TIME?
The employers who do not pay the fees of journalists on time should pay 5% more for every passing day.

2- WHAT IS THE PERIOD OF ANNUAL LEAVE OF JOURNALISTS?
A journalist who works a certain period of time within a day;
2.1- has right to have 4 weeks paid annual leave on condition that he/she works at least 1 year.
2.2- If a person works in that profession more than 10 years, he/she has right to have 6 weeks paid annual leave.

***The seniority of a journalist is calculated according to his/her service period in that profession not calculated according to his/her service period in the same gazette.

2.3- If a journalist does not work in a certain period of time within a day, he/she has right to have 2 weeks paid annual leave for every 6-month working period.

3- HOW MANY YEARS SHOULD A JOURNALIST WORK IN ORDER TO HAVE SENIORITY INDEMNITY?
If a journalist works at least 5 years in that profession, he/she will have seniority indemnity. Seniority indemnity should be calculated in the first date when he/she enters in that profession.

4- HOW MUCH FEE SHOULD BE PAID IF A JOURNALIST WORKS DURING NATIONAL HOLIDAYS, GENERAL HOLIDAYS AND WEEKENDS?
According to that law, if a journalist work during national holidays, general holidays and weekend, those periods should be regarded as overworking. The fee paid for each overworking hour should be charged 50% more than the normal working hours.

Source: Press Law – Ministry of Labor and Social Security (MOLSS)