Legal Consequences of Termination of Employment Contracts According to Labor Law
Severance Pay Received Upon Termination of Employment Contract
Various legal consequences arise from the termination of an employment contract. All the obligations of both parties under the employment contract are extinguished. The employer is obliged to pay the full wages received by the employee in return for their work, as well as the severance pay legally due to the employee arising from the contract. When the employment contract is terminated, if the employee has unused annual leave, these leaves should be calculated and paid based on the daily wage. You can get professional support for your labor rights at . The employee is legally obliged to return all items entrusted to them.
Working Hours According to Labor Law
Not every employee is entitled to severance pay. This means that not every employee whose employment contract is terminated can claim severance pay. For an employee to be entitled to severance pay, they must have worked in the same workplace for at least 1 year. Furthermore, a person whose employment is terminated for reasons other than those specified in the Labor Law does not acquire the right to severance pay. The distinction between fixed-term or indefinite-term employment contracts has no bearing on the payment of severance pay. Working time, according to the Labor Law, is the total duration an employee spends at work. Situations where the employee is not working or is engaged in another activity while under the employer's orders are also considered part of the working time. These situations include:
- The periods spent by workers working underground or underwater from the moment they enter until they exit that place,
- The periods spent traveling when the employer sends employees to another place or city,
- The days an employee waits for a new job when they have no work at hand,
- If the employee is prevented from performing their main work by being occupied with the employer's business at home or in the office,
- The total daily one and a half hour breastfeeding breaks for nursing mothers,
- The periods spent transporting employees to and from work collectively when they work far from home.