How to Exercise the Right Not to Work?
Legal Period: If the worker’s wage is not paid within 20 days from the payment date, the right not to work can be exercised. This period includes public holidays and weekends.
Force Majeure: Even if the 20-day period expires, the right not to work cannot be exercised if the employer cannot pay the wage due to force majeure.
Notification: Before exercising the right not to work, the worker must give written notice to the employer. The notification must state the amount of the wage receivable and the duration of non-working.
Duration: The worker may terminate the employment contract within 6 days following the notification. During this period, severance pay is also paid to the worker.
Consequences of Exercising the Right Not to Work:
Termination of Employment Contract: Exercising the right not to work means termination of the employment contract for just cause. In this case, severance pay and notice pay are paid to the worker.
Compensation Case: The worker can file a compensation case against the employer. In this case, the worker; may claim wages, severance pay, notice pay and other receivables, if any.
Unemployment Insurance: A worker who leaves a job due to the right not to work has the right to receive unemployment insurance.
Things to pay attention:
The right not to work can only be exercised for remuneration. The right not to work cannot be exercised due to other receivables (overtime pay, social aid share, etc.).
When exercising the right not to work, it is important to give written notice to the employer and comply with the 6-day termination period.
If there is any doubt regarding the exercise of the right not to work, it is recommended to consult a lawyer.
