AŞIKOĞLU LAW OFFİCE | What Are The Conditions To Benefit From Unemployment Benefits ?
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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What Are The Conditions To Benefit From Unemployment Benefits ?

What Are The Conditions To Benefit From Unemployment Benefits ?

In the Unemployment Insurance Law No. 4447, the conditions for entitlement to unemployment insurance and the amounts that can be taken are arranged. Act 49. As stated in the article unemployment insurance premium, 1% of the gross monthly earnings based on the prime 2% of the insured employer and 1% of the government share is taken as. However, the state share is not taken from the optional insured, only 1% is paid by the employer if the insured is 2%.
In order to benefit from unemployment benefits, there should be 3 conditions in general. The first of them;
Unemployment insurance premium must be paid for at least 600 days in the last three years, continuously in the last 120 days before the end of the service contract.

According to this article, the worker whose contract of Service has been terminated or who is forced to terminate his contract for a justified reason must work continuously and continuously for 4 months before the end of the contract of service. Another condition mentioned in the same article is that unemployment insurance premium should be paid at least 600 days in the last 3 years before the end of the contract of Service. The importance of how many days the employee has paid a premium in the last 3 years shows itself in determining how many months the salary he will receive.

The termination of the service agreement shall be free of its own Will and fault.

In order to qualify for unemployment insurance, the worker must have no defects. 25 Of The Employer Labor Law. If there are reasons to terminate the employment contract in accordance with the article, the worker will not be eligible for unemployment benefits. In addition, if the worker terminates his employment contract without any reason or without any justifiable reason (resignation), the worker will not be eligible for unemployment benefits. Unemployment benefits are paid if the employer terminates the employment contract without specifying any reason (sacking) and the worker is forced to terminate the employment contract for the right reason. However, in practice, there are problems in obtaining unemployment benefits if the worker is terminated for the right reason. If the employer terminates the employment contract without declaring any reason, if the employer has declared this situation in the declaration of departure, the employee has applied to the institution during the period of unemployment while the employee has terminated the employment contract for the right reason, the existence of the right reason is often not accepted by the relevant institution and the court.

He must apply to the institution within 30 days from the end of the service contract.

Workers who meet both conditions can apply for the unemployment pension by personally applying to the institution and stating that they are ready to work in a new job. The 30-day period is not covered by the demotion period. In other words, if 30 days have passed after the end of the contract of service, the worker can still apply to IŞKUR, which is the relevant institution. But his allowance for every day that passes 30 days will also be reduced. For example, if the worker applied to Işkur 45 days after the end of the contract, it means that he / she will receive 15 days of unpaid work.

HOW IS UNEMPLOYMENT BENEFITS CALCULATED?
On how to calculate unemployment benefits, it is necessary to know the gross salary of the worker for the last 4 months and the unemployment premium he has paid in the last 3 years. If the worker has paid less than 600 days in the last 3 years, he cannot qualify for unemployment benefits. If the worker has 600 days of premium payment in the last 3 years, the worker will be paid unemployment benefits for 180 days(6 months). If there are 900 days, the worker will receive unemployment benefits for 240 days (8 months) if he has worked for 1080 days, i.e. for the last 3 years, the worker will receive unemployment benefits for 300 days (10 months).

The amount to be paid is calculated by taking the average of the gross salary of the worker in the last 4 months of uninterrupted work. The average of 40% of the worker’s gross salary for the last 4 months is paid to the worker as unemployment benefits. The only deduction made from non-payment in unemployment benefits is Stamp Duty, which is currently 0.759%, with only this rate being cut. Another point to note, however, is that unemployment benefits, no matter how high the worker’s salary, cannot exceed 80% of the monthly minimum wage.

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