In the presence of one of the reasons we have mentioned above, the employee’s annual wage
It is stipulated in the Law that union compensation will be awarded, not less than the amount of
specified.
. As can be seen, the Law has determined the lower limit of union compensation. However
There is no regulation in the Law on how to determine the upper limit in this regard. This
For this reason, the Court of Cassation, in practice, regarding the determination of union compensation,
established a number of criteria with decisions.
In the decision of the 7th H.D. of the Supreme Court on the subject; “Union based
the lower limit with the statement that the union compensation will be determined in the amount of at least 1 year’s wage in terminations.
determined, but the upper limit was left open. Our office is about 53rd annual paid leave.
Compensation for not starting work determined by taking into account the seniority periods in the article
terms of seniority applied in terms of trade union reasons
In addition, those who have a seniority of between 6 months and 5 years, by analogy, in determining the syndication compensation.
1 year, 1 month for workers with seniority between 5 years and 15 years, 15
union compensation in the amount of 1 year and 2 months’ wage for the worker with more than 1 year seniority.
envisages that the determination of the
Considering that the seniority of the plaintiff is more than 15 years, the union compensation is 1 year and 2 months.
While it should be determined in the amount of the annual fee, it is incorrect that it has been determined in the amount of the 1-year fee.
has been.
For the stated reasons, in accordance with the 3rd paragraph of Article 20 of the Law No. 4857,
It had to be eliminated by corruption and the decision had to be made as follows. ”
has evaluated as
. The established practice of the Supreme Court is also in this direction.
