16 Jan Residual Time Fee Labor Court
The residual time fee is demanded by filing a lawsuit to the labor courts, such as other labor receivables, and is a charge that can only be requested for the workers with a fixed-term employment contract. The balance period fee may be requested if a worker who works with a fixed-term contract is terminated unfairly by the employer before the expiry of this period.
The balance is an undesirable fee type by the employer. That is, if the employer terminates a fixed-term employment contract for reasons justified or unfair; the employee will not be able to file a claim against the worker and charge the remaining balance period. These circumstances may only be requested by the employer if there is a penal clause determined in the employment contract.
How to Get a Balance Time Fee
In the presence of a fixed-term employment contract between the worker and the employer, the parties shall be deemed to have suspended the will to terminate the contract. As a matter of fact, the Supreme Court is in this opinion and its decisions are in this direction. The subtlety here is that erek a worker who works with a fixed-term employment contract should sign a labor contract by relying on the will of the parties Bur. Because the employer to terminate this contract for an unfair reason will disrupt the economic situation of the worker and the worker will be the victim. The remaining time fee is a regulated fee to prevent this kind of victimization.
What will happen if a fixed term contract is terminated with a valid reason?
Although the concept of the cause of valid employment in the fixed-term contracts is controversial, an employer cannot terminate the fixed-term employment contract on a valid basis. In fact, as we have stated above, the Supreme Court of Appeals acknowledges that the parties will postpone their rescission until the end of the contract period. For this reason, the employer is obliged to pay the employee the residual time fee if the fixed term employment contract is terminated by the employer without justified reason.
Balance Time Fee Calculation
When calculating the balance, the loss and profit of the employee shall be taken into consideration and the account is made in this way. Even though the worker has suffered a financial loss due to the termination of his employment, he / she will also make a certain amount of expenses due to his / her job during his / her work. The balance between this and other such expense balances, the pluses and the cons, is calculated and the employee’s remuneration is paid.
The salary is the last gross salary to be taken into consideration when calculating the balance in the balance. This fee is deducted from the balance period fee if the worker who terminates his / her job while calculating the residual time fee is employed elsewhere.
Interest in the Charge Time
The remaining time fee is considered as a compensation rather than a fee. The legal rate shall be applied to the remuneration for the period due to the acceptance as compensation.
Time Limit on Balance Duration Fee
Due to the fact that the balance is accepted as compensation, the statute of limitations is 10 years in accordance with the general rules.
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