There are facts need to be considered such as the protection of workers in relationships of worker-conductor in order not to cause economical damage or consequently, not to hurt society. Considering these facts, we call the branch of law in which there are the rules that arrange the labor relations as Labour Law
With the yields of Industrial Revolution, the arising of conductors who intend to make conditions of workers worse as a solution to the competition have caused big problems especially for the workers and a need for correcting this situation has come up with. In accordance with mentality of the liberal state that is demanded much in this time, the state has not taken care of economy and has aimed to make open competition environment. However, this situation has made big disadvantages for workers. As a result of all of these, social state mentality has come up. According to this mentality, the state should not have been an institution which do not care anything or watch the frustration of people who are in difficult situation against the mercilessness of competition environment but should have been an institution which aims to make every individual to have a minimum living standard. Here, the idea of protecting workers arising with that mentality has come to evolve to the present day and since the party who has the power in the worker-conductor relations is conductor, Labour Law that arrange the protected rights of workers has arisen.
The principle of protection of workers based in the field of Labour Law brings out the necessity of arrangements in this issue to be made in separate law. Also in our country, there is a special law in this kind named Labour Law. The facts such as explanations about labor relations, rights of workers, work conditions and trade unions have been arranged in this law. It should be noted that regulated rights of worker are minimum conditions. More conditions can be dominated by conductor but fewer cannot be dominated. Moreover, even if Labour Law is a branch of law which has arisen by the idea of protection of workers, it has been tried to avoid the arisen of unfair situations against conductors with this law.
How Severance Pay is taken ?
Severance pay is a compensation which refers to the reward of labor of workers at the end of their job in the workplace where they have been working in a certain period of time. In this practice, brought in accordance with the principle of protection of workers based in the field of Labour Law, labor of workers to the workplace where they have been working in a certain times should not turn out to be nothing because of unintentional situations. For this reason, the reward of this labor wanted to be presented concretely and so, Severance Pay Institution has been put into practice. That being able to require the severance pay necessitates running out of a certain period. This period has been determined as one year in our law. Another point is that it is need to work in a statue which is suitable to the regulations stated in Labour Law in order to have the right of severance pay. Also, severance pay can be taken in certain conditions. We can put in order as death of worker, quitting of workwoman in a year after her marriage, quitting in order to get retire, quitting for military service, quitting with regard to a rightful reason and being fired by conductor without a rightful reason. In the presence of these situations, the worker entitles to take the severance pay. An important point except from that is the calculation of severance pay. This calculation is depend on wage scale (whether worker get the wage in accordance with time or per piece, lump sum) and this has been arranged elaborately in law. In the case of the conductor does not pay the worker who has entitled to severance pay, the worker can file a legal action in labour court against the workplace he/she worked or the workplace of center of company he/she worked.
The Importance of Periods in Labour Law Cases
Even if Labour Law is not an exact field in which the worker is protected, it is a general field for that. That holding down a work as livelihood activity of worker is one of the basic reasons of this situation. When considered this point of view, any of damage worker will get may causes an irreversible effect to both his/her life and his/her family’s life. Victimizations of people, experienced because of these reasons, may also harm the life of society. Besides that, the impairment of employers being at conductor position because of that situations related to the workers remain uncertain is a fact that needs to be considered in terms of economic stabilization. Some periods are foreseen in Labour Law Cases by considering these situations. These periods are lapse of time and missing of these periods results in loss of right. We can split Labour Law cases into three as compensation, debt and declaratory cases. With stating that situations in which the lapse of time started and stopped have been arranged separately for each type of cases in Labour Law, we can say that 10 years prescription in compensation cases, 5 years prescription in debt cases and different prescription in declaratory cases are foreseen.
The protection of rights of workers is a subject that is suffered from, especially in our country, because of both the attitude that promotes the interest of employers and that workers do not have enough legal information about their rights. In Topo Law Firm Office, we do our best with our Lawyers who have the current legal knowledge in the field of Labour Law in order to resolve your problems on this issue.
You can reach us with the contact link for Legal consultant or your other problems.