Rights of Earthquake-Affected Workers

Earthquake-Affected Workers' Rights – Lawyer in Izmir

Neither the tragedy we have experienced nor the grief we feel can be described. The lives lost or those left behind cannot be compensated for. I want to begin this by first offering my condolences to those who have lost family and loved ones.

It's certainly not possible to think or talk about anything else in these past few days. Therefore, we decided to discuss some rights and legal processes related to the earthquake that we believe might be useful to our valued readers.

If an employee doesn't go to work because of an earthquake, can the employer terminate their employment contract?

If an employee is unable to go to work due to an earthquake, this is considered a legitimate excuse. Employers cannot terminate an employee's contract due to absenteeism. If such termination occurs, it would be unfair and invalid.

If the workplace is destroyed or damaged due to an earthquake, does the employment relationship terminate?

Labor Law | If a compelling reason arises at the workplace, such as the collapse or severe damage of the workplace, requiring the cessation of work for more than one week, employees may terminate their employment relationship for just cause and be entitled to their labor claims. During this one-week period of work cessation, the employer shall pay the employees for each day. They are obliged to pay half a day's wages.. Employees who terminate their employment for this reason are entitled to severance pay; however, they are not entitled to notice pay.

Can an employer dismiss an employee because of an earthquake?

Within the scope of the Labor Law;

1. The worker at the workplace a compelling reason preventing you from working for more than a week If this condition exists, the employer may terminate the employment contract by paying the employee's severance pay.
2. Due to illness or accident suffered by the worker as a result of the earthquake If an employee becomes unable to work for a period exceeding six weeks from the notice period, the employer may terminate the employment contract by paying severance pay.
3. Finally, due to the earthquake. economically damaged An employer may terminate an employment contract for operational reasons by paying severance and notice pay.

What is bereavement leave?

Our legal framework stipulates that private sector employees are entitled to three days of paid leave in the event of the death of their mother, father, spouse, sibling, or child. This period may be longer for civil servants working in public institutions and under collective bargaining agreements.

Is it mandatory to work at a workplace damaged by the earthquake?

No, employers have an obligation to ensure the safety of workers and the workplace. Within this scope, employees have the right not to work in unsafe buildings. Requiring workers to work in damaged buildings is a clear violation of occupational health and safety regulations.

If someone is injured or dies as a result of being caught in an earthquake at their workplace, would this be considered a work-related accident?

If an employee is at their workplace or performing their employer's duties when an earthquake strikes, and is injured or dies as a result, this is considered an occupational accident. This is because an accident that occurs at the workplace or during the performance of work is considered an occupational accident, regardless of whether the employer is at fault or not.

What is death compensation?

The employer is obligated to pay the surviving spouse and minor children of the deceased employee, or, if none exist, the dependents, an amount equivalent to one month's wages, starting from the date of death; if the employment relationship lasted longer than five years, an amount equivalent to two months' wages. Therefore, the employer is obligated to pay compensation, known as death benefit, to the surviving spouse and minor children of the deceased employee, or, if none exist, to the dependents. Furthermore, if the deceased employee had more than one year of seniority, the severance pay must also be paid to the employee's heirs.

SourceLabor Law, Contemporary Lawyers Association Information Note

Other works we have prepared within the scope of Labor Law;

Izmir Employment Lawyer

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