What are labor claims?

İşçilik Alacakları Nelerdir? – İzmir İş Hukuku Avukatı

1-    Kıdem Tazminatı 

Labor Law | An employee who has completed one year of service under this scheme will be entitled to 30 days' severance pay for each year worked. If they leave the workplace under the necessary conditions, they will be able to claim this compensation. 

2-    Fazla Çalışma Ücreti 

Our legislation stipulates a maximum weekly working time of 45 hours and a daily working time of 11 hours. The purpose behind this time restriction is to protect the health of employees. For overtime work, payment should be made at a 25% increased rate per hour. Furthermore, written consent from the employee is required for overtime work.

3-    Yıllık İzin 

Employees with 1-5 years of seniority are entitled to 14 days of annual leave, those with 5-15 years of seniority are entitled to 20 days, and those with 15 years or more of seniority are entitled to 26 days. If an employee has not fully utilized their annual leave entitlements during their employment, they are entitled to receive payment for these unused leave days upon termination of the employment relationship. Failure to grant annual leave during the year in which the employee is entitled to it, despite requesting it, also constitutes grounds for justified termination of employment.

4-    Ulusal Bayram ve Genel Tatil Ücreti 

January 1st, April 23rd, May 1st, May 19th, July 15th, August 30th, October 29th, and religious holidays are considered national holidays and public holidays. Employees working on these days are paid their full wages without having to perform any work; however, if employees work instead of taking a holiday, they should also be paid an additional day's wage for each day worked.

5-    Hafta Tatili 

Ülkemizde her çalışana 7 günlük çalışma süresi içerisinde en az 1 günlük (24 saat) izin verilmesi gerekmektedir. Eğer, hafta tatili gününde çalıştırılıyorsa, günlük ücretinin %50 fazlası tutarında hafta tatili ücreti çalışana ödenmelidir.

6-    Ayrımcılık Tazminatı 

Under the Constitution, employers have an obligation to treat their employees equally. Therefore, unless there is an objective or justifiable reason, they should not discriminate between employees. If an employer violates this obligation, the employee may claim discrimination compensation equivalent to four months' wages.

7-    AGİ (Asgari Geçim İndirimi)

AGİ (Allowance for Dependents) is an income tax deduction applied to employees. The amount of this income tax deduction varies depending on the employee's marital status (married or single), whether their spouse is working if married, and the number of children. If this deduction is not paid to the employee each month, the employee can request payment.

8-    SGK Primlerinin Tam Yatırılması

Social security is an indispensable element of workers' rights. All healthcare services are provided under social security premium payments. Workers can also request the completion of missing premium payments by filing a "service determination lawsuit" in the labor court.

9-    Mobbing Nedeniyle Tazminat

Mobbing refers to emotional abuse, psychological violence, exclusion, humiliation, harassment, and actions aimed at undermining work motivation, self-confidence, and unhappiness in the workplace. The employer's responsibility lies not only with the mobbing itself but also with the employer's failure to prevent mobbing perpetrated by other employees. In this context, the employee may claim compensation for moral damages.

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

Izmir Employment Lawyer

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