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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

7.5 WORKING LIFE

Throughout the history of humanity, it has been a vital necessity for human beings to
work for the sustenance of their lives and the protection of their material and spiritual
existence. With social state taking over with industrialization, work has also taken its
place in legal regulations as a right. In our country, the right to work is regulated in the
1961 Constitution and Article 49 of the 1982 Constitution, which is still in force, and
thus, the right to work has been under constitutional guarantee as the highest norm.

It has been observed that the complaint applications lodged to the Ombudsman
Institution in the field of labor life are mainly regarding the payment of receivables
of workers (compensation, holiday and weekend wages, etc.), short time working
allowance, unemployment allowance, cash support.

CASE SUMMARY

In an application regarding severance payments, the applicant’s attorney stated that his
client was entitled to severance payment according to Article 14/5 of the Labour Law
No. 1475 as his entire service period exceeded 15 years. However, severance payment
and end-of-employment compensation were not paid, so, the attorney demanded the
payment of compensation for his client’s previous working hours. It was understood
that, as of 05.09.2021, when the applicant left his job as a 4/1-(a) type insured, and
under Law No. 506, the applicant met the conditions for qualifying for a pension,
which were 20 years of insurance period, 55 years of age, 5975 premium days or
15 years of insurance period, 58 years of age, 3600 premium days. In this case, the
conditions for the realization of the severance pay, which is paid in return for the
employee’s wear and tear in the workplace and previous services, are directly determined
by law, and it was understood that the applicant met the 15-year insurance period and
3600 premium days requirement according to the aforementioned Law, regardless of
age. Considering that this interest of the employee is protected by the legal order, it
was considered that the severance payment to the applicant, who has met the condition
in the fifth paragraph of Article 14 of Law No. 1475 at the time of leaving the job, in
accordance with the provision of the mentioned article, the principle of interpretation
in favor of the employee, and the purpose of labor law to protect the employee, a
Recommendation decision was issued. 10

10 Recommendation dated 22.09.2022 on application numbered 2022/5196

102 2022 ANNUAL REPORT