JOB SECURITY AND RIGHT TO REFUND ONLY ON PAPER!
- 80% of Dismissal Notices Are Issued Without Severance Pay
- Job Security Stays on Paper!
- Most of the Dismissal Notices Are Questionable
- Nearly Half of the Workers Appear to have “Resigned”
- Employers are making workers resign to reset their seniority!
The Confederation of Turkish Revolutionary Workers’ Unions Research Center (DİSK-AR) reported the information on the distribution of exit codes received from the SGK with a judicial decision. As it is known, the court annulled the refusal decision of the SGK as a result of the administrative lawsuit filed by DİSK against the SGK, which rejected DISK-AR’s request for information on the distribution of dismissal notices. In line with the court decision, the data regarding the distribution of the dismissal notices received from the SGK according to the reasons contain striking facts.
The reasons for the dismissal or departure of the workers (exit codes) are of great importance as it determines whether the workers can benefit from various rights (such as notice, severance pay and unemployment benefit) due to the termination of the employment contract guaranteed by the labor law.
The main goal is to reset the severance pay!
According to SGK data, the total number of dismissal notices given to SGK by employers between 2015 and 2021 is 124 million 90 thousand. The total number of dismissal notices exceeds the number of insured workers. The main reason for this situation, which seems contrary to the usual flow of life, is that workers are constantly employed with input and output. Thus, workers are either dismissed or resigned for a reason that does not deserve severance pay. Thus, the seniority of the workers is reset and they are prevented from receiving the rights provided by the labor law (severance and notice pay and unemployment benefits). SGK data shows that the seniority reset application is much higher than the estimates.
The number of resigning workers is incredibly high and dubious!
Considering the distribution of dismissal notices according to codes, it is remarkable that almost half of the dismissal notices are realized through the resignation of the worker. The “worker’s resignation”, known as Code-3, is in the first place in the exit declarations. While the total number of dismissal notices between 2015-2021 was 124 million 90 thousand, the number of those who left the job with Code-3 -the termination of an indefinite-term employment contract by the worker (resignation)- is 56 million 569 thousand.
It is not unusual for the employee to terminate (resign) an indefinite-term employment contract, which is code number 3, to such a high degree. Termination of an indefinite-term employment contract by the worker means that the worker cannot benefit from severance, notice pay and unemployment benefits. For this reason, it is not expected that more than half of the dismissal notices will constitute the termination of an indefinite employment contract voluntarily by the employee.
More than 80 percent of workers do not receive severance pay!
The distribution of those who can receive severance pay and those who cannot, according to the reasons for leaving the job, shows that 78 percent to 84 percent of the workers are not entitled to severance pay. It is seen that 84 percent of those who were dismissed in 2021 did not have access to severance pay. Of the 16.8 million dismissed workers in 2021, 14.1 million did not receive severance pay.
It is seen that 84 percent of those who were dismissed in 2021 did not have access to severance pay. Of the 16.8 million dismissed workers in 2021, 14.1 million did not receive severance pay. Since 77 to 78 percent of the workers who were laid off between 2015 and 2018 did not receive severance pay, this rate decreased to 75.8 percent in 2019 and increased to 82.5 percent in 2020. The reason for the rise in 2020 and 2021 is the ban on layoffs. With the extraordinary increase in the rate of Code-3 in total dismissal declarations between 2020-2021, the rate of those who terminated their employment contracts without being able to reach severance pay has increased even more.
Employment Contract of 1.5 Million Workers Terminated from Code-29
In the period of 2015-2021, 1 million 461 thousand workers’ employment contracts on the grounds of Code-29 are included in Article 25-II of the Labor Law. terminated under article.