The basic right that belongs to an employee whose employment contract has been terminated due to redundancy, and which employees whose employment contract has been terminated for some other reason do not have, is the right to severance pay. The employer must pay the severance pay to the employee before the day designated as the day of termination of the employment relationship. The amount of severance pay is determined by a general act or employment contract, but it cannot be lower than the sum of a third of the employee’s salary for each completed year of work in the employment relationship with the employer where he is entitled to severance pay. while salary means the employee’s average monthly salary paid for the last three months preceding the month in which the severance pay is paid.
An employment contract, that is, a general act of the employer cannot determine a longer period for the payment of severance pay than the period prescribed by the Labor Law. Also, the employee cannot exercise the right to severance pay for the same period for which he has already been paid severance pay with the same or another employer.
In addition to severance pay, an employee whose employment contract has been terminated due to redundancy has, like any other employee whose employment has ended, the right to the payment of unpaid wages and other benefits, which the employer is obliged to pay within 30 days from the date termination of employment.
Finally, an employee whose employment contract has been canceled due to redundancy has the right to monetary compensation and the right to pension and disability insurance and health care, in accordance with employment regulations. The basis for the calculation of the monetary compensation is the average earnings, i.e. salary, i.e. salary compensation of the unemployed person, in the last six months preceding the month in which the employment relationship, i.e. insurance, ended.
The monetary compensation is determined as 50% of the base, whereby it must not be higher than 160% or lower than 80% of the minimum salary determined for the month in which the payment is made, while the time in which the payment is made is determined based on the length of the insurance period.
