UNEMPLOYMENT INSURANCE LAW No. 4447
Article 48 – Unemployment insurance is mandatory. Those who are within the scope of this Law and who are still working will be insured from the effective date of this Law, and new ones from the date of their employment.
Workplaces and insurance holders notified to the Social Security Institution in accordance with Articles 8 and 9 of the Social Security Law No. 506 are deemed to have been notified to the Institution as well.
With the start of the insurance, the insurance rights and obligations of the insured and their employers start to work.
The employer, about the insured persons whose service contract has been terminated based on one of the situations specified in Article 51; For example, the Institution is obliged to issue three copies of the dismissal statement, to send one copy to the Institution within 15 days, to give one copy to the insured unemployed and to keep one copy at the workplace. (Additional sentence: 15/5/2008-5763/14 art.) Information and documents may be requested or given in electronic environment regarding the transactions to be made according to the requirements.
In order for the insured unemployed person to benefit from the payments and services specified in this article, he/she must apply to the Institution directly or electronically within thirty days following the date of termination of the employment contract, together with the termination notice. Except for force majeure, the period of delay in the application is deducted from the total period for which unemployment benefits are earned. (2nd)
The following payments and services are provided to the insured unemployed by the Institution within the framework of the principles and procedures set forth in this Law;
a) Unemployment benefit,
b) (Amendment: 17/4/2008-5754/90 art.) Insurance premiums to be paid pursuant to Law No. 5510,
c) Finding a new job,
d) Vocational development, acquisition and training.
Article 49 – (Amended: 17/4/2008-5754/90 art.)
In order to meet the payments required by the unemployment insurance, service and administrative expenses, all insurance holders, employers and the State within the scope of Article 46 of this Law pay unemployment insurance premiums. Unemployment insurance premium is taken as 1% of the insured, 2% of the employer and 1% of the State’s share of the monthly gross earnings subject to premium specified in Articles 80 and 82 of the Social Security and General Health Insurance Law No. 5510. (Additional sentence: 13/2/2011-6111/70 art.) 1% insured and 2% employer’s share is taken from those who pay the unemployment insurance premium among the optional insured.
Employers cannot make any deductions or deductions from the wages of the insured due to their unemployment insurance premium obligations.
Article 50 – (Amended first paragraph: 15/5/2008 – 5763/article 15) Daily unemployment benefit is forty percent of the insured’s average daily gross earnings calculated by taking into account the earnings subject to premium for the last four months. The amount of unemployment allowance calculated in this way cannot exceed eighty percent of the gross amount of the monthly minimum wage applied to workers over the age of sixteen, according to Article 39 of the Labor Law No. 4857.
Of those who have worked continuously by paying premium for the last 120 days before the end of the service contract, in the last three years;
a) 180 days for the insured unemployed who worked as insured for 600 days and paid unemployment insurance premium,
b) 240 days for the insured unemployed who worked as insured for 900 days and paid unemployment insurance premium,
c) 300 days for the insured unemployed who worked as insured for 1080 days and paid unemployment insurance premium,
Unemployment benefits are given over time.
Unemployment benefit is paid monthly to the unemployed person at the end of each month. The first unemployment benefit payment is made until the end of the month following the date of entitlement to the benefit. Unemployment benefit is not subject to any tax or deduction except stamp duty. Unemployment allowance cannot be transferred or assigned to another person, except for alimony debts. The excess payments determined to be caused by the fault of the insured are recovered together with the legal interest. (Additional sentence: 15/5/2008-5763/15 art.) Overpayments of the deceased insured unemployed are not collected back. (one)
If the insured re-employs before completing the unemployment benefit period and becomes unemployed again without fulfilling the conditions stipulated in this Law in order to benefit from the unemployment insurance benefit, he/she will continue to benefit from this right until he/she completes the unemployment benefit period he/she previously deserved. In case of being unemployed again by fulfilling the conditions stipulated by this Law, unemployment benefit is paid only for the period arising from this new entitlement.
Article 51 – Among those deemed to be insured in accordance with this Law, those whose service contracts have ended due to one of the following situations are entitled to receive unemployment benefits, provided that they personally apply to the Institution within the period to register that they are ready to take up a new job, and that they have met the premium payment conditions set forth in this Law. (2nd)
a) Article 13 of the Labor Law No. 1475 dated 25/8/1971 or Article 16 of the Maritime Labor Law No. 854 dated 20/4/1967 or Arrangement of Relationships Between Employees and Employees in the Press Profession dated 13/6/1952 and numbered 5953 The service contract has been terminated by the employer in accordance with the notification requirements specified in the fourth paragraph of Article 6 of the Law,
b) The service contract, whether or not the term is determined, before the expiry of the term or without waiting for the notification, is in accordance with the clauses (I), (II) and (III) of the Article 16 of the Labor Law No. 1475 or the Article 14 (II) of the Maritime Labor Law No. 854 and Being terminated by the insured in accordance with subparagraphs (III) or the first paragraph of article 11 and article 7 of the Law on the Regulation of Relationships between Employees and Employees in the Press Profession numbered 5953,
c) The service contract, whether its term is determined or not, before the expiry of its term or without waiting for notification, is in accordance with subparagraphs (I) and (III) of Article 17 of the Labor Law No. 854 or subparagraph (III) of the Article 14 of the Maritime Labor Law No. 854 or 5953 Being terminated by the employer in accordance with the first paragraph of Article 12 of the Law on the Regulation of Relationships Between Employees and Employees in the Press Profession,
d) In case the service contract is for a fixed period, being unemployed due to the expiry of this period, being unemployed at the end of the voyage due to the fact that the service contract specified in subparagraph (II) of Article 7 of the Maritime Labor Law was made for a certain voyage,
e) Being dismissed due to the change of ownership of the workplace or transfer to another person, its closure or closure, the change in the nature of the job or workplace, being unemployed due to the reasons in paragraph (IV) of Article 14 of the Maritime Labor Law No. 854,
f) Being unemployed within the scope of Article 21 of the Law on Regulation of Privatization Practices and Amendments to Certain Laws and Decrees with the Force of Law dated 24/11/1994 and numbered 4046,