Cases Not Included in Seniority Period

In case of losing their jobs, employees are entitled to severance pay in return for their labor within the time spent in the institution. Severance pay is aimed at supporting employees’ livelihood during the period they seek for new jobs. Annual leave is another right given to the employee to rest during the year.

Employees are entitled to 14 days of annual leave and severance pay, if laid-off, after completing at least one year of work. The annual leave and severance pay that employees are entitled to, in accordance with the seniority periods, are not taken into account in some unusual cases.

Cases Not Included in Severance and Leave Calculations

When calculating severance and annual leave periods, the basis is whether the employee fulfills the performance of work, which is the most basic responsibility of the employee towards the employer.

  • Duration of absenteeism without a valid excuse and without permission
  • Absenteeism if the worker is detained or arrested
  • Time spent on strikes and lockouts
  • Worker’s employment contract pending while on unpaid leave

Cash Wage Support for Unpaid Leave

The Labor Law no 4857 states that unpaid leave can be used as a result of the joint decision of the worker and the employer. However, it was announced as an economic measure that the employer could temporarily put the employee on unpaid leave for the purpose of protecting employment during the epidemic period. In this case, the time spent on unpaid leave will not be taken into account while determining the seniority period. 

If you’d like to find out how much your severance pay is, or calculate your net income from gross income and vice versa, click here.

Cases Considered as Worked

There are some cases where employees do not actually work but are processed as if they work; therefore, included in the seniority period. This issue, which is regulated by Article 55 of the Labor Law No. 4857, is of great importance for those working in compensation and annual leave entitlements.

  • Days when the worker could not go to work due to an accident or illness
  • Time spent during maternity leave for female employees
  • Time spent in the army except for the permanent military service (up to 90 days per year)
  • 15 days of work as a result of work stopping more than a week without interruption, due to compelling reasons, provided that the worker resumes work
  • Week holidays, national holidays, general holidays
  • Time allocated to meetings attended as a union representative according to the legislation regarding work life
  • Short term work period
  • Cases counted as working period in accordance with the Labor Law Article 66 

What About the Time in the Short Work Allowance?

The short term work allowance, which provides more income for employees compared to the cash wage support, is a compulsory working order implemented during a time of crisis. Therefore, without exception, the period of seniority will continue to be counted during the short term work period.

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