WHAT ARE THE LEGAL RIGHTS OF THE EMPLOYEE LEFT DUE TO MILITARY?

WHAT ARE THE RIGHTS OF THE EMPLOYEE IN CASE OF LEAVE FROM THE WORK DUE TO MILITARY?

 

When the 120th article of the Labor Law No. 4857 and the 14th article of the former Labor Law No. 1475, which is currently in force and regulates the severance pay, are examined, it is regulated that the worker who leaves the job due to active military service will be entitled to severance pay. In the dictionary of the Turkish Language Institution, the meaning of the word “active-in-charge” is stated as “military service, officers and non-commissioned officers who are on duty in the Armed Forces and privates who do their military service”. The basic condition for entitlement to severance pay is to have worked in a workplace for at least 1 year. This basic condition also applies to a person who wants to receive severance pay due to military service. According to Article 14 of the Labor Law No. 1475, although the worker will be entitled to severance pay when he leaves the job due to active military service, he cannot be entitled to notice indemnity. For this reason, a worker who wants to join the military has the right to terminate the employment contract with a sudden decision without notifying the employer beforehand, and not to give notice.