Fundamental Rights of Employees After Termination of Employment Contract
1. Severance Pay
This is one of the most fundamental rights of employees. It is paid if the employee has worked for at least one full year and the employment contract is terminated by the employer without a justified reason.
- Calculation: The employee is paid 30 days of gross salary for each full year worked.
- Scope: Not only the base salary but also continuous benefits such as meals, transportation, and bonuses are included in the calculation.
2. Notice Compensation
The party terminating the employment contract must notify the other party in advance. If the employer terminates the contract immediately without complying with notice periods, they must pay compensation.
- Less than 6 months: 2 weeks
- 6 months - 1.5 years: 4 weeks
- 1.5 - 3 years: 6 weeks
- More than 3 years: 8 weeks
3. Annual Leave Receivables
Employees are entitled to receive payment for unused annual leave days upon termination. This is calculated based on the last gross salary.
4. Wages and Other Receivables
All outstanding payments must be made when the employment ends:
- Wages for days worked
- Overtime payments
- Weekend and public holiday payments
5. Job Search Leave
Employees working during the notice period must be given at least 2 hours per day to search for a new job.
6. Job Security and Reinstatement Lawsuit
If there are at least 30 employees in the workplace and the employee has at least 6 months of service, they may file a reinstatement lawsuit.
- Time Limit: Must apply to mediation within 1 month from termination notice.
If the termination is not based on a valid reason, the court may order reinstatement or compensation.
7. Unemployment Benefits
Employees who become unemployed involuntarily may apply for unemployment benefits if they meet certain conditions. The application must be made within 30 days.
Documents signed upon termination (release forms) should be carefully reviewed. If there is missing payment, it should be noted or legal advice should be sought.