The worker, who was fired from the company where he worked for four years, knocked on the door of the Labor Court.
The plaintiff worker claimed that he was working as a store manager and that although he worked overtime as long as he worked, his overtime wages were not paid and the employment contract was unfairly terminated, and demanded the collection of severance pay, notice indemnity and overtime wages from the defendant.
The defendant company denied the allegations. Court; ruled that the case be partially accepted. The defendant company lawyer appealed the decision.
The 9th Civil Chamber of the Supreme Court pointed out that the employer cannot claim compensation from the worker in cases such as retirement, military service and marriage.
The following statements were included in the decision:
“Notice indemnity is an indemnity that must be paid to the other party by the party that terminates the indefinite-term employment contract without just cause and without giving proper notice period. Accordingly, if the employment contract has been terminated without the reasons stated in Articles 24 and 25 of the Labor Law No. 4857 and the notice period has not been duly given as specified in Article 17 of the Law No. 4857, notice indemnity must be paid.
Since notice indemnity is an indemnity that must be paid by the party terminating the employment contract to the other party, even if the termination of the employment contract is based on a just cause, it is not possible for the party to be entitled to notice indemnity. Again, in accordance with the provisions of Article 14 of Law No. 1475, the employee has no right to demand notice indemnity if he terminates the employment contract for reasons such as retirement, active military service, marriage. In the aforementioned terminations, the employer cannot demand notice indemnity. The court’s decision was quashed unanimously.”
Source: Cumhuriyet Gazetesi – Gündem by www.cumhuriyet.com.tr.
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