Types of Workers Receivables and Compensation
It is of great importance in business life to protect the legal rights of employees and to fulfill the obligations of employers. The types of employee receivables and compensation are contained in Labor Law No. 4857 and represent the remuneration of the rights that the worker has at the time of termination of the employment contract or employment relationship.
In order to mention a compensation in terms of the employee's receivables, the worker must terminate for a legitimate reason according to Article 24 of the Labor Code. Otherwise, it is hardly possible to talk about compensation. Although some receivables also occur without termination, the majority arise due to termination. This article will examine in detail what workers receive, types of compensation and when these rights can be claimed.
Employee Receivables
Workers' receivables include monetary payments that the worker deserves from the employer, such as salary, premiums, bonuses. The main workers they will receive are:
1. **Payable**: The worker can request the timely and complete payment of the remuneration he deserves in accordance with the employment contract concluded with the employer. The wage is the basic source of income of the worker and is legally required to be paid regularly every month.
2. **Overtime Pay**: According to the Labor Code, it is the remuneration that the worker deserves in exchange for the overtime he does outside normal working hours. Overtime pay is paid at a higher rate than the usual working wage. It is illegal for the worker to work overtime without his consent.
3. **Annual Permit Fee**: The worker can claim the remuneration of the annual leave days that he does not use when the employment contract ends. Unused days off are one of the worker's rights and must be paid to the worker as wages.
4. **Severance Compensation**: It is the compensation that the worker deserves if he has worked at the same place of work for at least one year and is dismissed or terminates the employment contract for a legitimate reason. Severance compensation is in the amount of one gross salary of the worker in exchange for each year of work.
5. **Notification Compensation**: It is the compensation requested by the employer or worker in the event that the employment contract is terminated without complying with the notice periods specified in the law. The employee is paid in the event that the employer dismisses the worker without notice.
Types of Compensation
Compensation refers to material compensation that must be paid to the worker in the event of termination of the employment contract. The main types of compensation are:
1. **Severance Compensation**: It is the compensation that the worker has worked in the same workplace for at least one year and can claim from the employer in case of dismissal. The worker cannot claim severance pay if he leaves work of his own accord, but there are some exceptions (for example, leaving work due to military service or marriage).
2. **Notification Compensation**: It is mandatory for the employee or employer to give notice to the other party before terminating the employment contract. In case of non-compliance with this period, notice compensation comes into play. The employer must pay notice compensation if he dismisses the worker without complying with this period. Likewise, if the worker leaves the job without complying with the notice period, he is obliged to pay the notice compensation to the employer.
3. **Malice Compensation**: It is the compensation claimed if the employer abuses his job security when dismissing the worker. The employer's dismissal of the worker in bad faith gives rise to the worker's right to further compensation.
4. **Discrimination Compensation**: It is compensation that can be claimed if the worker is dismissed or discriminated at work for reasons such as gender, race, religion, language, political opinion. In cases where the employer acts contrary to the obligation of equal treatment, the worker may receive this compensation.
5. **Trade Union Compensation**: If the worker is fired for participating in trade union activities or if his union rights are violated, he can claim union compensation. This compensation is a sanction aimed at protecting the union rights of the worker.
Claiming Worker's Receivables
Employee benefits can be claimed within five years from the date of termination of the employment contract. During this period, the worker can claim all his rights, for which he will receive wages, such as overtime pay, annual leave. However, if this period has passed, the employee will be subject to a statute of limitations on their receivables and the right to claim is lost.
The worker can resort to the path of mediation in disputes with the employer. In Turkey, mediation is a mandatory stage in labor cases, and if the parties do not agree, the labor court can be applied to it.
Limitation Periods on Workers' Receivables and Compensation
Statutory periods vary according to the payment and compensation items and usually have periods of 5 years and 10 years. In order not to suffer any loss of rights, we advise you to consult a lawyer who is specialized in this matter.
Mandatory Mediation in Workers' Receivables and Compensation
The mandatory mediation process has been introduced as of 01.01 2018 by legal legislation in terms of workers' receivables and compensation, which we have mentioned above. If a lawsuit is filed without resorting to mediation, the court dismisses it on the procedural side. Therefore, the mediation process must first be completed.
consequence
The types of workers' receivables and compensation are extremely important for the protection of workers' rights. Items such as wages, overtime pay, severance pay contribute to the material security of workers. Employers' compliance with these obligations is critical to maintaining labor peace. Workers must act knowing their legal rights and take the necessary steps to protect their rights.
Business Lawyer
As regards the nature of business cases, it is conducted in relation to the fact that it is a civil case and intensive evidence and proof. That is why we advise you to work with an experienced business case lawyer in business cases. It does not matter where the lawyer who handles the business cases in which you are going to work is or where you have worked. It makes no difference if your case is seen in Bakırköy, Çağlayan, Kartal, Ankara or İzmir courthouses. The important criterion here is that the lawyer with whom you will work effectively defends your rights. That is why you do not need to search for business lawyer Istanbul, business lawyer Bakırköy, business lawyer Çağlayan, business lawyer Kartal.