What Are Employment-Related Claims?
Employment-related claims are monetary entitlements that an employee may claim from the employer on the basis of the employment relationship. These claims are not limited to monthly wages. Many factors affect the calculation, including the employee’s length of service, the manner in which the contract was terminated, whether the employee worked overtime, the use of annual leave, and work performed on weekly rest days and public holidays.
Payroll records, bank records, SGK service records, workplace entry and exit records, time sheets, shift schedules, correspondence and witness statements may constitute important evidence in employment-related claims. However, the same rules of evidence do not apply to every category of claim.
What Is Severance Pay?
Severance pay is compensation paid to an employee whose employment contract has ended under certain circumstances, calculated by reference to the employee’s length of service. To qualify for severance pay, the employee must have worked for a specified period and the employment contract must have ended for a reason giving rise to severance pay.
Relevant circumstances may include termination by the employer without just cause, termination by the employee for just cause, military service, retirement, or a female employee leaving her job due to marriage within a specified period. However, not every resignation gives rise to severance pay. The resignation letter, the reason for termination and the actual working conditions must be assessed together.
What Is Compensation in Lieu of Notice?
Compensation in lieu of notice may become payable when an indefinite-term employment contract is terminated without observing the required notice period. When terminating the contract, the employee or employer must comply with the statutory notice periods. If the contract is terminated without observing these periods, the other party may claim compensation in lieu of notice.
Compensation in lieu of notice is not exclusively an employee entitlement; an employer may also claim it if the applicable conditions are met. However, it may not be payable in certain cases where the employment contract is terminated immediately for just cause. The reason for termination must therefore be determined correctly.
What Is Overtime Pay?
Overtime arises in relation to work exceeding the statutory weekly working time. If an employee claims to have worked overtime, the working arrangements, shift records, time sheets, entry and exit records, workplace correspondence and witness statements may be considered.
When calculating overtime, both the time spent at the workplace and periods that may be deemed actual working time are relevant. Rest breaks, shift arrangements, night work, remote working, time spent waiting for transportation services and the nature of the work must be examined separately in light of the particular circumstances.
Claims for Annual Leave, Weekly Rest Days and Public Holidays
Annual paid leave is connected with an employee’s right to rest. Whether an employee has taken annual leave is assessed by reference to the leave register, written leave records and payroll records. The stage at which payment for unused annual leave may be claimed can vary depending on whether the employment contract has ended.
Weekly rest day pay and national and public holiday pay are also significant employment-related claims. If an employee alleges that they worked on these days, the workplace’s operating arrangements and the specific employment records must be examined.
Is Mediation Mandatory?
Applying for mediation before filing a lawsuit is a mandatory precondition for employment-related claims. Mediation is required for employee and employer claims based on legislation or an individual or collective employment agreement, including receivables, compensation and reinstatement claims (işe iade talepleri). Claims for severance pay, compensation in lieu of notice, overtime pay and annual leave pay fall within this scope.
If no settlement is reached through mediation, a final record is issued. When filing a lawsuit, the original final record or a copy certified by the mediator must be attached to the statement of claim; otherwise, procedural risks may arise. If a lawsuit is filed without first applying for mediation, there is a risk that it will be dismissed on procedural grounds for failure to satisfy a mandatory precondition.
Limitation Periods and Time Limits for Employment-Related Claims
Limitation periods for employment-related claims may vary depending on the type of claim and the date on which the employment contract ended. Current legislation and transitional provisions must be checked separately for claims such as wages, overtime pay, annual leave pay, severance pay and compensation in lieu of notice. The employment contract’s end date, the date on which the claim arose and the date of the application for litigation or mediation must therefore be assessed together.
An application for mediation may affect limitation periods and statutory time bars. Calculating these periods is, however, a technical matter; the application date, the date of the final record and the date on which the lawsuit is filed must be carefully recorded.
Documents Relevant to Employment-Related Claims
The following documents may be relevant when assessing employment-related claims:
- Employment contract,
- SGK service records,
- Payroll records,
- Bank payment records,
- Time sheets and shift schedules,
- Entry and exit records,
- Leave records,
- Notice of termination,
- Formal notices and correspondence,
- Final mediation record.
The same set of documents may not be available in every case. Where documents are missing, witness statements or a court order requiring the production of workplace records may be considered.
Frequently Asked Questions
What are employment-related claims?
Severance pay, compensation in lieu of notice, unpaid wages, overtime pay, annual leave pay, weekly rest day pay and public holiday pay are the most common employment-related claims.
Is mediation mandatory for employment-related claims?
Yes. Applying for mediation before filing a lawsuit is a mandatory precondition for claims by an employee or employer relating to receivables and compensation.
Is severance pay available in every case of resignation?
No. As a rule, resignation may not give rise to severance pay. However, special circumstances such as just cause, retirement, military service and marriage must be assessed separately.
How is overtime proved?
Depending on the particular circumstances, time sheets, shift records, entry and exit records, payroll records, workplace correspondence and witness statements may constitute evidence.
Must the final mediation record be attached to the statement of claim?
Yes. The original final record confirming that no settlement was reached, or a copy certified by the mediator, must be attached to the statement of claim.
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This article has been prepared for general information purposes and does not constitute legal advice. The assessment may vary depending on the circumstances of each case.