What is Job Security?
Job security is a legal protection system that aims to prevent arbitrary dismissal of employees. In Turkish Law, job security is regulated by Articles 18 and following of the Labor Law No. 4857. This system both secures the future of the employee and requires the employer to comply with certain rules during the termination process.
1) Transition from Freedom to Dismissal to Job Security
Before the Labor Law No. 4857 came into force, employers could terminate the employment contract of their employees at any time, without giving any reason and only by complying with the notice period. However, this situation ended with the job security system.
With the new system:
- It has become mandatory to provide a valid reason for termination.
- It has become mandatory for the employer to prove the reason for termination.
- Dismissed workers were granted rights such as the right to reinstatement and job security compensation.
2) Right to Reinstatement and Job Security Compensation
If the termination is not based on a valid reason, the employee;
- You can file a lawsuit for reinstatement,
- If the employee is not reinstated by a court decision, he/she may request a job security compensation in the amount of 4 to 8 months’ gross wages.
- In addition, he/she can receive payment and rights for idle periods of up to 4 months.
These rights are among the fundamental elements of modern labor law, with the aim of increasing the worker’s security for his/her future, ensuring that he/she works without the worry of unemployment and protecting his/her salary, which is his/her source of income.
Prof. Dr. Sarper Süzek:
“The worker’s confidence in his/her future and his/her constant fear of losing his/her job and therefore being deprived of his/her wages, which are the source of his/her and his/her family’s livelihood are among the most fundamental tools of modern labor law.”
3) Can Every Worker Benefit from Job Security?
No. Job security provisions do not automatically apply to every employment relationship. Workers who meet the following conditions are considered within the scope of job security:
No. Job security provisions do not automatically apply to every employment relationship. Workers who meet the following conditions are considered within the scope of job security:
Conditions for the Application of Job Security Provisions
- The worker must be subject to the Labor Law No. 4857 or the Press Labor Law.
- There must be at least 30 workers working in the workplace.
- The worker must have at least 6 months of seniority.
- The employee should not be in the position of representing the employer.
- The indefinite-term employment contract must be terminated by the employer.
Would you like us to audit your business in the field of Labor Law?
Current Situation Assessment and Reporting | Providing Basic Labor Law Training | Submission of Document Package |
|---|---|---|
• Determination of your business’s practices and documents regarding Labor Law. • Checking the legality of applications and documents. • Reporting of deficiencies, possible consequences of non-compliance and what needs to be done. | Providing training to your business’s management team or human resources department on the basic concepts and practices of Labor Law. • Who is the employee, the employer and the employer’s representative? • What is a definite, indefinite, part-time, seasonal employment contract? When is it made? • What is the change in working conditions? • What is valid termination and justified termination? When is compensation paid to the worker? | Preparation and submission of documents appropriate to the activities and working style of your business. • Employment contracts • Personnel regulations • Performance system • Disciplinary regulations • Documents regarding compliance with the Personal Data Protection Law • Warning letter examples • Dismissal documents |
