business law

FAQ's

Prohibition of dismissal between certain dates has been stipulated within the scope of Law No. 7244. This period can be extended. According to the regulation employer, Labor Law m. Except for the cases listed in 25 / II, it cannot terminate the worker's contract. Otherwise, he is obliged to pay a fine. For example, if the employee steals, insists on not performing the duties he has to do, although he is reminded, gives the employer the right to terminate.

The law numbered 7244 has brought the termination prohibition in terms of the employer; There is no provision preventing the employee to resign. However, according to the law, unpaid leave does not give the employee the right to terminate the contract based on a just cause. Therefore, while the employee can exercise his right of termination in accordance with the general provisions of the Labor Law, if he terminates his contract on the grounds that he has left unpaid leave, he will not be entitled to severance pay.

In accordance with the law numbered 7244, the employer can allocate the employee wholly or partially unpaid leave between certain dates. This period can be extended. According to the regulation, unilateral will of the employer is sufficient; The consent of the worker is not required. However, it should not be forgotten that the written consent of the worker is required at other times, as this regulation is temporarily introduced during the epidemic period.

According to the regulation, workers who are on unpaid leave and cannot benefit from short work allowance and workers whose employment contract is terminated after 15.03.2020 and who cannot benefit from unemployment allowance will be provided with a monthly wage support of 1177 TL. Pensioners will not be able to benefit from this regulation.

If the employee has stayed in another city and cannot come to the workplace due to travel restrictions imposed by the administrative authorities, he / she may terminate the employment contract due to compelling reasons. The employee who terminates his contract will not be able to file a reemployment lawsuit, but will be entitled to severance pay. In this case, the parties cannot demand notice compensation from each other.

In accordance with the Labor Law, the contract must be terminated by the employer in order to be able to request a return to work. Therefore, if the employment contract is terminated with a termination contract, as a rule, the employee cannot request a reemployment. However, if the employee claims that he does not terminate the contract voluntarily and that the employer has the will of termination, he can file a reemployment lawsuit.

According to the Social Insurance and General Health Insurance Law, "the vehicle must be provided by the employer" in order for the event on the road to be considered a work accident. In this case, the accidents that occur in the service are included in the scope of work accidents. However, accidents occurring in public transport are not included in the scope of work accidents. Services means workplace. Accidents in the service are mostly due to lack of service maintenance or lack of drivers. Although the maintenance of the service and the choice of the driver belongs to the workplace, all responsibility belongs to the workplace. In this case, it is considered a work accident.

If the employer has allocated a private vehicle to the worker and the worker has an accident with this vehicle, the cause of the accident becomes important in accordance with the decisions of the Supreme Court. According to this, the employer is responsible if an accident has occurred due to technical reasons because the employer does not fulfill the maintenance obligation of the vehicle. If the worker has a fault, for example if he fell asleep on the road, if he was drunk, etc. the employer is not responsible. If both parties do not have a fault, even if factors such as road disturbance have caused the accident, the employer has no responsibility since the causal link is cut.

Social Insurance and General Health Insurance Law m. According to 102, an administrative fine of one tenth of the minimum wage is applied per insured whose occupational name and code is notified inaccurately, but not exceeding the monthly minimum wage for each workplace that misrepresents the occupational name and code suitable for the job actually performed by the insured in their workplaces.

According to the Social Insurance and General Health Insurance Law, the event that occurs while the insured is at the workplace and causes physical and mental damage to the insured is a work accident. Therefore, if the worker is injured due to a fight in the workplace, if he is not at fault or the party that initiated the fight, he will be considered within the scope of work accident.

Article 14 of the Former Labor Law numbered 1475 regulated severance pay. According to the article, the worker who terminates his employment contract due to active military service will be entitled to severance pay if the conditions are met. However, the terminating party will not be able to receive notice compensation. Termination must be made in accordance with the notice period in order not to pay notice compensation.

Article 14 of the Former Labor Law No. 1475 in effect regulates severance pay. According to the article, if the woman terminates the employment contract of her own will within one year from the date of marriage, she will be entitled to severance pay. Since the 1-year period is important here, the contract must be terminated within this period. If this period is over, he will not be able to claim severance pay if he terminates the contract due to marriage.

According to the Labor Law, an employee whose wage is not paid within twenty days from the day of payment, except for force majeure, may refrain from fulfilling his duty to work. If the wage of the worker is delayed for 20 days within the scope of the article, the worker may not fulfill his obligation to work.

“In order to protect your rights, you can contact our law firm for detailed information on the subject. Lawyer Senem YILMAZEL "