Articles Tagged ‘MILITARY , - Turkish Labor Law’

FAQs about Paid Military Service Exemption

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As we informed you before, employees who were born on or before 1st January 1994, and pay 15.000,00 TRY will complete their military service in 21 days of basic military training.

Law No. 7146 that contains the provisions for paid military service exemption is issued in Official Journal; and uncertainties have arisen regarding termination and severance pay of employees benefiting from the provisions of the Law.

  • 1-Question: Can employees request severance pay due to resignation for paid military service?
  • 1-Answer: No! In normal conditions, according to article 14 of the Former Labor Law No. 1475 (still in effect), an employee who joins to army due to compulsory military service may end his employment contract and require severance pay. However, it is clearly stated in the above said law that employees benefiting from paid military service exemption will be granted unpaid leave during the service, and cannot require severance payment.
  • 2-Question: Can employer terminate the employment t contract of such employees?
  • 2-Answer: No! Employer cannot terminate the employer contract of the employees, who joining the army for shortened service. Otherwise employer will have to pay severance.
  • 3-Question: Will SSI premiums be paid for such employees?
  • 3-Answer: No! For employees in unpaid leave no SSSI premium is paid by employee or employer.
  • 4-Question: Is paid military service period added to the seniority of such employees?
  • 4-Answer: No! As no premium is paid for this period, 21 days of military service period is not included in the seniority of the employee.
  • 5-Question: Can employee serve his military service during his paid annual vacation?
  • 5-Answer: No! Paid annual vacation right of an employee cannot be waived.

PAID MILITARY SERVICE EXEMPTION

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Employees who benefit from paid military service exemption will be given unpaid leave.

Bag Law that contains provisions for paid military service passed through the Parliament on 25 July 2018. Turkish citizens who were born on or before 1 January 1994 are given the chance of completing their military service in 21 days by paying 15.000,00 TRY.

UNPAID LEAVE FOR EMPLOYEES

In Turkish Labor Law unpaid leave, apart from under some specific conditions, can only be taken by the consent of employer. Now the new Law makes it obligatory for the employers to grant this shortened military service period as an unpaid leave.

During the unpaid leave, no wage and SSI premium is paid for the non-worked day.

SEVERANCE PAY

In normal conditions, according to article 14 of the Former Labor Law No. 1475 (still in effect),  an employee who joins to army due to compulsory military service may end his employment contract and require severance pay.

However, the above article will not be applied for shortened military service, and employee cannot require severance payment.

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