Legal News

Should an employee, winning the reemployment lawsuit, be declared to SGK (Social Security Ins.)?

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Should an employee, winning the reemployment lawsuit, be declared to SGK (Social Security Ins.)?	İbrahim Işıklı

There are problems, especially, while declaring an employee, winning the reemployment lawsuit, to Social Security Institution (SGK). If the court has already decided to reemploy the employee, following issues would be matters of debate:

· Unless the employee applies for a job within 10 days, cancellation would be taken into account as an acceptable cancellation,

Implementation of the resolution of the Constitutional Court on wages

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Implementation of the resolution of the Constitutional Court on wages	In economy supplement of Habertürk newspaper of last Saturday,  news about the effect of resolution of the Constitutional Court on taxation of wages and right of action on returning of taxes overpaid was communicated widely. However, when I read the explanations of miscellaneous persons, especially of non -judiciary persons, I was confused as well. I had to reevaluate the subject in my column as my opinion on that subject was taken and published.

The Income Tax tariff given in Article 103 of the Income Tax Law was changed with Article 1 of 5479 No Law and binary tariff applied as 15-20-25-30-35 percent for paid workers and 20-25-30-35-40 percent for other Income Tax payers was brought to single tariff with four rates. It was forecasted that all incomes subjected to Income Tax would be taxed in rates varied between 15-20-27-35 percent and wage incomes, together with other income elements, were subjected to new tariff with varying tax bracket rates and amounts. In the new tariff enforced with the said law, it was stated that incomes more than 40.000 TL that subject to the Income Tax would be taxed in rate of 35 percent.

Statutory Limitation Period in Employee Wages

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Statutory Limitation Period in Employee Wages	The rights ensured through law, contracts and workplace procedure should be claimed within the legal period.

If not, the problem of statutory limitations will arise for the employee.

Statutory limitation stands for the maximum time for the right to claim due wages after which the case will not qualify for legal proceedings. As the definition suggests, the right to claim the due wages is not removed but it turns into "imperfect obligation" and it can be no longer subject to a law suit. In this respect, once the statute of limitations on a case runs out, if a party raises it as a defense and that defense is accepted, any further litigation is foreclosed and the court will not be able to examine the facts of the case.

Can severance pay be paid in installments?

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Can severance pay be paid in installments?	Resul Kurt

This is a really sensitive issue. On one hand, there are employers imprisoned because they could not pay their checks and on the other, there are employees whose greatest subsistence assuranceis their labor.

Generally, the severance pay should be paid on the day the employment contract is terminated. However, sometimes the severance pay is not or could not be paid on the day of termination.

Who Shall Benefit From Job Guarantee?

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Who Shall Benefit From Job Guarantee?	İbrahim Işıklı

Labor Law no 4857 article 18 states that "termination of contract of an employee engaged for an indefinite period, who is employed in an establishment with thirty or more employees and who meets a minimum seniority of six months, must depend on a valid reason for such termination connected with the capacity or conduct of the employee or based on the operational requirements of the establishment or service."

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