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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

LABOUR AND SOCIAL SECURITY

The applications lodged to the Ombudsman Institution in 2020 in the field of working
life under the complaint category of labour and social security mainly comprise
working conditions, issues related to the rights demanded from the administration
within the framework of labour law and employment contract due to the fact that the
administration is the main employer (subcontracted laborer problems), employee and
employer problems, occupational accidents, occupational health and safety actions,
unions and collective labour relations, work permits of foreigners, union activities, and
so forth.

It is understood that the applications lodged to our Institution in the field of working
life are mostly applications regarding unemployment allowance, short-term working
allowance, and cash wage support. Also, applications have been filed for the issues
of administrative fines imposed by the administration, appeals to the loss of earning
capacity in profession, requests for certificates of professional competence, and labour
receivables.

Case Summaries

About the Request for Payment of Labour Receivables Unpaid to the Applicant by
the Relevant Administration in Line with the Applicant’s Request

The applicant stated that he or she started to work in a cleaning company at the
General Directorate of State Railways on 24/12/1999, and later in a cleaning company
in a hospital in Ankara on 01/10/2000 and retired on 11/09/2017, and that after his
or her retirement, he or she completed and submitted the necessary documents to the
institution he or she worked for so that his or her legal rights would be handed to him
or her. He or she stated that the severance pays for the periods after 01/10/2000 was
paid to him or her by the Institution he or she worked for and requested that his or her
unpaid financial rights for the days he or she worked without even annual leave until
2011 and the severance pay for the period 24/12/1999-25/09/2000 to be paid.
During the examination and research phase of the application, our Institution requested
information and documents from the Ministry of Health in order to seek an amicable
settlement and to examine the application, and upon the response letter sent from the
aforementioned administration to our Institution, the application was resolved through
Amicable Settlement Decision.

About the Request for Activation of the Occupational Health and Safety Certificate
The applicant stated that his or her occupational health and safety certificate was
suspended, that this situation did not change despite his or her application to the
Ministry, that this action was carried out despite the absence of a final judicial decision
against him or her and requested that the unjust treatment be eliminated.

74 2020 ANNUAL REPORT