seniority – Muhasebe News

Can the Employer Dismiss the Employee Without Any Reason?

MuhasebeNews — Mon, 08 Apr 2019 12:26:28 +0000

Article 18 of the Labor Law no 4857 refers to the grounds for the termination of the labor agreement without a good reason.

1- Should there be a good reason in order to terminate the labor agreement?
In workplaces where 30 or more than 30 employees work, the employer should base the termination of permanent employment contract on a good reason.

These reasons can be derived from
1.1- The inability of the employee
1.2- The behaviors of the employee
1.3- The terms of establishment, workplace or business.

***Seniority requirements are not required for employees who work in underground works. That means working 6 months is not compulsory.

2- Which reasons are not regarded as valid reasons?
2.1- Union membership or doing a union activity after hours or doing a union activity within office hours (with the consent of the employer).
2.2- Being a union representative of the workplace.
2.3- Taking legal actions or going to administrative authorities against employer in order to protect one’s regulatory and contractual rights or fulfill one’s obligations and participate in these processes.
2.4- Race, color, gender, marital status, family commitments, pregnancy, maternity, religion, political view and so on.
2.5- Absenteeism during maternity leave stated in article 74 and period when it is forbidden to employ female workers.
2.6- Temporary absenteeism in waiting period indicated in the employer’s right of immediate termination for justifiable reasons stated in article 25 of the Labor Law.

***6-month seniority of the employee is calculated by uniting the working times spent in one workplace or the other workplaces of the employer. Working hours spent in the different workplaces of the employer should be regarded as one workplace.
***If the employer has more than one workplace in one sector, the number of employees in the workplace will be determined according to the total number of employees in these workplaces.

Source: Article 18 of the Labor Law No 4857

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

Do The People Working With Foreign Work Permit Get Job Security?

MuhasebeNews — Fri, 22 Sep 2017 09:00:41 +0000

1- WHICH FOREIGNERS WITH WORK PERMIT CAN BENEFIT FROM JOB SECURITY?
In the Labor Law, employers who can benefit from job security are those;
1.1- Employed in a workplace with 30 or more employers,
1.2- With at least six months of seniority,
1.3- Working with an employment contract of indefinite duration.

2- WHAT SHOULD AN EMPLOYER WHO EMPLOYED AN EMPLOYEE WITH A FOREIGNER WORK PERMIT DO TO ANNUL THE CONTRACT RELATED TO JOB SECURITY?
The employer, while annulling the contract of an employer who has job security needs to;
2.1- Acquire employee’s defence,
2.2- Formulate the reason of annulment,
2.3- Declare the annulment in writing,
2.4- Or the annulment shall be void,
2.5- The employee whose contract was annulled can file a lawsuit in labor court, in 1 month starting from the date of the annulment notice, with the claim that no reason was stated in the annulment notice or that the reason stated has no validity.

Source: Ministry of Labor and Social Security

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)