What Is Seniority Indemnity?

January 25, 2017

4651

The employees have right to the seniority indemnity under prescribed conditions within the scope of the law no. 1475/14.

**The conditions of having right to the seniority indemnity are indicated below:
                1.1- The term of employment (for the same employer) should be at least 1 year
                1.2- The labor contract should be terminated by the employer because of some reasons other than good will and contradiction to ethics
                1.3- The labor contract should be terminated by the employee because of some reasons like health problems, good will and contradiction to ethics or business interruption in the workplace etc.
                1.4- The termination of employment because of military service
                1.5- Being entitled to pension or completing the insurance period (reasons other than age) within this framework or filling the premium days
                1.6- The marriage of the workwoman or applying for the seniority indemnity within 1 year as from the date of marriage
                1.7- The death of the employee.
In case of labor contract termination, seniority indemnity should be paid as required by the term of employment.

2- CAN A RESIGNER BECOME ENTITLED TO RECEIVE SENIORITY INDEMNITY?
**As a rule, the employee, who leaves the job voluntarily(the resigner), has no right to receive seniority indemnity.
However, there are some exceptions of this rule.

The exceptions are stated below:
                2.1- The termination of employment because of military service
                2.2- Being entitled to pension
                2.3- If the employee document that his/her health problems constantly pose an obstacle for the job
                2.4- If the employer acts against good will and moral principles and the employee resigns
An employee has right to the seniority indemnity on condition that the term of employment is at least 1 year.

3- SENIORITY INDEMNITY FOR A WORKWOMAN WHO WILL MARRY
If a workwoman leaves the job because of marriage, she has right to the seniority indemnity as required by the term of employment.

In order to take advantage of this right, the labor contract should be terminated in written form within 1 year as from the date of marriage, marriage certificate should be submitted to the employer and the reason for the termination of the labor contract should be expressed clearly.

4- THE CALCULATION OF THE SENIORITY INDEMNITY
If a labor contract is terminated because of a reason that requires seniority,
                4.1- The seniority indemnity should be calculated in the amount of 30-day gross fee for the number of each full year worked.
4.2- The residual terms out of a year must be calculated by proportioning
                4.3- While calculating the seniority indemnity, the gross amounts of all fees that the employee receive regularly and all the pecuniary interests (travel allowance, food allowance,         bonus payments (they should be paid regularly) etc.) should be taken into account.
                4.4- The amount of seniority indemnity that is paid for the each full year is limited with the maximum seniority indemnity that is valid in the date of termination.