August 8, 2024
Labor and Social Security Law
· Labor Law
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Severance pay is a compensation that an employee is entitled to when their employment contract ends after working at the same workplace for a certain period of time. Severance pay, which is designed to ensure job security and protect the rights of employees, is a right that the employer must pay to the employee. Severance pay is calculated and paid based on a certain amount for each full year the employee has worked.
Severance pay is calculated based on the employee’s last gross salary. For each year the employee has worked, severance pay is paid in the amount of 30 days of their last gross salary. In addition to the employee’s gross salary, additional payments such as travel, food, and bonuses are also taken into account when calculating severance pay. Another important factor taken into account when calculating severance pay is the employee’s total length of service. One month of gross salary is paid for each year the employee has worked. For example, if an employee has worked for 10 years, they will receive severance pay in the amount of 10 months of gross salary.
In order to be entitled to severance pay, the worker must meet certain conditions. First of all, the worker must have worked at the same workplace for at least one year. In addition, the worker is entitled to severance pay if he/she is dismissed or leaves the job for a justified reason. In addition, male workers are entitled to severance pay in cases such as leaving the job due to military service, or female workers leaving the job within one year due to marriage.
The main situations in which you may be entitled to severance pay are as follows:
Workers who are not entitled to severance pay or who are paid incompletely can file a lawsuit in labor courts. In order to file a severance pay lawsuit, the worker has the right to file a lawsuit within 5 years from the date the employment contract ends. If the employer does not pay severance pay or makes incomplete payments, the worker can file a lawsuit in labor court through a lawyer.
Before filing a severance pay lawsuit, the worker must apply to the mediation process to reach an agreement with the employer. If an agreement cannot be reached during the mediation process, an application is made to the labor court.
Severance pay cases may vary depending on the workload of labor courts and the complexity of the case. It can usually be concluded within an average of 6 months to 1 year, including the mediation process. However, if the parties cannot reach an agreement and the case is taken to the appeal or appeal stage, the process may take longer.
In severance pay cases, the attorney’s fee usually varies between 10% and 20% of the severance pay that will be paid to the employee if the case is won. However, attorney’s fees may vary depending on the agreement between the attorney and the client. In addition, attorney’s fees may vary according to the minimum wage tariff determined by the Union of Turkish Bar Associations.
Severance pay is an important guarantee for employees not to suffer in the event of termination. While certain conditions must be met to qualify for severance pay, if the right is not earned, it is possible to apply to the labor courts and file a lawsuit. You can get support on severance pay cases from a professional legal consultant who provides legal services in Çorlu. A lawyer who is especially experienced in labor law will be with you during the severance pay calculation and litigation process.
We are here for you for expert legal and mediation services in Çorlu. Contact us to answer your questions, guide you through your legal processes and offer the best solution.
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