The Effect of Short-Term Working Periods on Severance Pay
August 5, 2024
Due to the impact of the Covid-19 epidemic, many employers have unilaterally put their workers on unpaid leave. Whether the time spent on unpaid leave will be included in the employee’s seniority, that is, the length of service, is important in terms of the questions that need to be answered when the unpaid leave period ends. In this article, we will try to answer the question of whether the periods spent on unpaid leave will be taken into account when calculating the minimum 1-year working period required for the employee to be entitled to severance pay.
Effect of Periods Spent on Unpaid Leave on Severance Pay
As it is known, the employer was given the right to put the employee on unpaid leave during the layoff ban imposed due to the Covid-19 pandemic. According to the legislation, unpaid leave is normally only available upon the request or consent of the employee. In Article 55 of the Labor Law, which is referred to by the General Assembly of the Supreme Court of Appeals in its decision dated 16.11.1983 and numbered 1981/9-1067 E., K: 1983/1169 K., unpaid leaves are not included among the “situations considered as having worked in terms of annual leave”. . However, in paragraph (j) of the relevant article, there is a general expression as “Other permissions given by the Employer”. If this clause is implemented, workers who were put on unpaid leave during the pandemic can claim severance pay for these periods. However, it is unknown whether this clause will be implemented or not. These uncertainties also invite disputes between employees and employers.
Since this issue has no precedent in practice, lawyers specialized in the field of Labor Law have different opinions on the subject. While some jurists state that the periods spent on unpaid leave should be counted as seniority, considering that it would be unfair to the employee not to take into account the periods spent on unpaid leave in the calculation of seniority period, in accordance with the principle of interpretation in favor of the employee, some jurists, while considering the employer’s ban on dismissal, want to dismiss the employee, they cannot dismiss him due to the ban and resort to unpaid leave. He thinks that the periods spent on unpaid leave should not be counted as seniority, thinking that it would be unfair to the employer who has to make this choice.
In employee and employer disputes, and especially in possible disputes that are the subject of our article, since there is no consensus on this issue in the doctrine and judicial decisions, and because the resolution of disputes through mediation is rapid, the agreement between the parties remains confidential, does not set a precedent, and the parties reach a conclusion within the culture of compromise. They can also resolve their disputes through mediation, which has many advantages over litigation and is one of the most effective alternative solutions.
