Getting laid off is always a difficult and stressful situation. Especially being dismissed without compensation can create a great burden both financially and morally. In this article, we will examine in detail what a worker who is dismissed without compensation can do.
What is Dismissal Without Compensation?
Termination of the employment contract by the employer without the fault of the employee and without giving a legal reason is called dismissal without compensation. In this case, the worker is deprived of his legal rights such as notice pay and severance pay.
What are the Reasons for Dismissal Without Compensation?
Article 25 of the Labor Law states the situations in which the employer may terminate the employment contract for just cause. In addition to the situations mentioned in this article, special termination conditions included in the employment contract may also lead to dismissal without compensation.
What are the Rights of the Worker in Dismissal Without Compensation?
A worker dismissed without compensation has the following rights:
Termination notice compensation: The employee can leave the job by giving written notice to the employer. In this case, the employer must pay the notice pay for the remaining period.
Wage receivable: The worker may claim all wages for the last month he worked and overtime pay, if any.
Unused leave wages: Annual leave wages that the worker cannot use are also within the scope of compensation.
Deposit: The deposit given to the employer is refunded upon termination of employment.
What can be done against dismissal without compensation?
A worker who is dismissed without compensation can take the following steps:
Must receive written notice of termination from the employer: This document is important for the employee to claim his rights and take legal action.
He should research his rights: The worker should learn what rights he has and how the legal processes work. It would be useful to consult a lawyer on this matter.
He must demand notice pay and other receivables: The worker must demand notice pay, wage receivable, unused leave wages and deposit from the employer.
If necessary, legal action should be taken: If the employer refuses to give the employee his rights, the employee can demand his rights by filing a lawsuit.
