Rights of an Unpaid Worker

Rights of an Unpaid Worker | Labor Law | Labor Lawyer | Employer Lawyer | Lawyer in Izmir | Law Firm in Izmir

When should the fee be paid?  

To determine when wages should be paid, the employment contract must first be examined. The contract may stipulate that wages will be paid on a specific date, such as "the 2nd of each month," or within a specific timeframe, such as "within the first five days of each month." The employer is obligated to pay wages within the timeframes specified in the contract. 

If the payment schedule is not specified in the employment contract, or if there is no written employment contract between the employee and the employer; Labor Law No. 4857’According to Article 32 of the law, wages must be paid at least once a month. In this case, the employer is obliged to pay the wages no later than the first working day of the month following the work performed. 

What are the rights of an unpaid worker? 

Right to terminate employment: Employee whose wages are not paid. Labor Law No. 4857’According to Article 24/II-e of the Turkish Civil Code, an employee may terminate their employment contract for just cause and be entitled to severance pay. According to Supreme Court precedents, non-payment of travel and meal allowances, overtime pay, bonuses, premiums, weekend pay, public holiday pay, etc., is also considered within the scope of this article, and the employee is deemed to have the right to terminate the contract for just cause for these claims as well. 

Right to Claim Wage Earnings: An employee whose wages and wage supplements have not been paid can claim these amounts, along with interest, through enforcement proceedings and/or legal action, either while the employment contract is still in effect or after termination of the contract. However, it is important to note that if a payment date is not specified in the contract and the employer has not been put in default, interest will begin to accrue from the date of enforcement or legal action. For interest to accrue in advance, the employer must be put in default through a formal notice. 

The Right to Refuse to Work: Labor Law No. 4857’According to Article 34 of the Turkish Civil Code, an employee whose wages are not paid within 20 days of the payment date, except for force majeure, may refuse to perform their work. The employer cannot terminate the contract of an employee who duly exercises their right to refuse to work. Hiring a new employee to replace the employee who has exercised this right, or assigning their work to someone else, is also prohibited by law. 

When exercising the rights mentioned above, it is necessary to ensure that notifications are made properly and that forfeiture periods and statutes of limitations are checked. Therefore, to avoid any future loss of rights, it is important to seek legal advice before exercising these rights. 

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