Bad news for EYT who is considering working from the Supreme Court: Compensation shock

The worker, who worked in a subcontractor company in a public institution, continued to work in the same workplace after retirement. The worker, who resigned, stated that he could not receive compensation and took the road to the Labor Court. The plaintiff worker demanded the collection of severance pay, annual leave fee, national holiday and general holiday wages from the defendants jointly and severally. The defendant company demanded that the case be dismissed, arguing that they were not held responsible for the claimed receivables. The court ruled that severance pay should be calculated over the wages received by the worker in the month he resigned. When the subcontractor company appealed the decision, the 9th Civil Chamber of the Supreme Court intervened.

IT IS REMEMBERED THAT HE CANNOT BE ENTITLED TO SENIORITY COMPENSATION

In the decision; It was reminded that although the plaintiff started to receive an old-age pension from the Social Security Institution, he worked uninterruptedly at the workplace belonging to the main employer, and that he could not be entitled to severance pay because this work resulted in resignation. The decision said:

“It was concluded that he was entitled to receive severance pay for the period until his retirement date. Although the court ruled that the plaintiff will receive severance pay in terms of working time until his retirement date, it is understood that an error was made in the determination of the compensation basis. In the expert report based on the judgment, the plaintiff’s 30.06.2012 It is understood that the wage basis for compensation was determined as TL 1,193.03, taking into account the wage on the date of the wage and the total road assistance on that date. Since the work of the plaintiff after the retirement date ended with resignation, it is not appropriate to calculate the severance pay according to the working period for this period and the wage at the end of this period. While determining the monetary value of both the wage and the benefits to be added to the wage, 25.07.2011, the retirement date of the plaintiff, should be taken as the basis, and the compensation on this date should be taken as the basis. Calculation should be made on the amount of the fee. Making a mistake in the determination of the salary based on the severance pay necessitated breaking the provision.”

SENIORITY BENEFITS WARNING

On the other hand, experts warned of severance pay for those who retire with the EYT regulation and plan to work in the same workplace. Experts said, “Get your severance pay from the moment the old-age pension is granted. Even if you continue to work, you may be a victim as in the decision of the Supreme Court. Get your compensation on the date you retire in order not to experience victimization in the following years.”