In the case of the existence of one of the reasons mentioned above, the employee will be entitled to trade union compensation not less than the amount of an annual wage in the Law
it has been stated. As it can be seen, the Law has established the lower limit of trade union compensation. However, there is no regulation in the Law on how to determine the upper limit in this regard. For this reason, the Supreme Court has established a number of criteria with its decisions on the determination of trade union compensation in practice. Court of Cassation 7. H.D.in the decision made by the `on the issue; “The lower limit has been set with the statement that trade union compensation will be determined in the amount of at least 1 annual fee for terminations based on the trade union cause, but the upper limit has been left open. Our apartment is about annual paid leave 53. compensation for non-start of work, determined taking into account the seniority periods in the article
implemented in terms of the severance period, based on the cause of the trade union, by analogy between 6 months and 5 years sendikaltazminat in the determination of seniority in the amount of the annual fee for workers with 1, 5 and 15 years for workers with seniority among 1yr 1 month, 1 Year 2 years more than 15 trade union for workers with seniority in the amount of the monthly fee would be a solution envisages the determination of equitable compensation. Considering that the plaintiff’s seniority is more than 15 years, the union compensation should be determined in the amount of 1 year and 2 months, while the amount of 1 year was determined in the amount of 1 year was incorrect.
For the specified reasons, Article 20 of the Law No. 4857. § 3. according to its paragraph, the provision had to be eliminated by distortion and decided as follows. ”
assessment made has shaped. This is also the established practice of the Supreme Court.