How To Determine The Amount Of Trade Union Indemnity Determined ?
HOW IS THE AMOUNT OF UNION INDEMNITY DETERMINED?
In the presence of one of the reasons mentioned above, it is stated in the Law that union compensation will be awarded not less than one year’s salary of the employee.
As can be seen, the Law has determined the lower limit of the union compensation. However
There is no regulation in the Law on how to determine the upper limit in this regard. For this reason, the Court of Cassation has set forth certain criteria with its decisions on the determination of union compensation in practice.
In the decision of the 7th Chamber of the Court of Cassation on the subject; “In terminations based on union reasons, the lower limit is determined with the statement that the union compensation will be determined in the amount of at least 1 year’s salary, but the upper limit is left open. Our Chamber, taking into account the seniority periods in Article 53 regarding annual paid leave, has determined that the seniority periods applied in terms of compensation for not starting the employment based on the union reason, in determining the union compensation, by analogy, the seniority periods between 6 months and 5 years
It stipulates that it would be an equitable solution to determine union compensation in the amount of 1 year’s wage for the employee with 5 years to 15 years of seniority, 1 year and 1 month for the employee with 5 years to 15 years of seniority and 1 year and 2 months for the employee with more than 15 years of seniority.
Considering that the plaintiff’s seniority is more than 15 years, it is erroneous to determine the union indemnity in the amount of 1 year’s salary while it should be determined in the amount of 1 year and 2 months’ salary.
For the reasons stated above, pursuant to paragraph 3 of Article 20 of the Law No. 4857, it is necessary to annul the judgment by reversing it and to decide as follows. “ in his evaluation. The established practice of the Court of Cassation is also in this direction
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