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NON-TERMINATION WORK RECEIVABLES

CASE TO RECEIVE UBGT FEE (National Holiday and General Holiday Fee Claims)

General Holiday Fee

Labor Law Article 47 – The workers working in the workplaces covered by this Law, if they do not work on the days accepted as national holidays and general holidays in the laws, are paid the full wage of that day without any work, and if they work without a holiday, a daily wage is paid for each day worked.

National Holidays and General Holidays are; January 1 is New Year’s Day, April 23 is National Sovereignty and Children’s Day, May 1 is Labor Day, May 19 is Youth Day, July 15 is Democracy Day, August 30 is Victory Day, October 29 is Republic Day, Ramadan and Sacrifice Day.

In the event that the worker does not work on the above-mentioned holidays, the employer must pay the worker a daily wage for each day worked.

In order to claim UBGT receivables, the employment contract does not have to be terminated, and UGBT receivables can be requested from the employer during the period of the employment contract.The proof of the work done on National Holidays and General Holidays is on the worker, and the proof of the payment of the work is on the employer. It can be proved with all kinds of evidence, including the witness, that the work was carried out on National Holidays and General Holidays. However, for UBGT working fees proven by witnesses without written evidence, an equitable/discretionary discount is made according to the case law of the Court of Cassation. (usually 30% equitable discount)

TIMEOUT ON UBGT FEE RECEIVABLES

UBGT fee receivables are subject to a 5-year statute of limitations. This 5-year statute of limitations does not start from the date of termination or due date, like the statute of limitations for other labor receivables. 5 year statute of limitations here; UBGT receivables can be demanded in return for UBGT work in the time period retrospective 5 years from the date of improvement, when the worker claims UBGT receivables or if corrections will be made after filing a lawsuit.

TO CONTACT NOW:0 541 485 92 48

Özlem Zennup Özkök

Arb. Av. Özlem Zennup Özkök, 2010 yılında Bilkent Üniversitesi Hukuk Fakültesi’nden mezun olmuştur. Bursa Barosu’na kayıtlı avukat ve arabulucudur. Türkiye’nin önde gelen hukuk bürolarında edindiği şirketler hukuku ve birleşme-devralma deneyiminin ardından Bursa’da Özkök Hukuk Bürosu’nu kurmuştur. Aile hukuku, şirketler hukuku ve gayrimenkul uyuşmazlıkları alanlarında çalışmaktadır.

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