Supreme Court rules in favor of employee: Critical decision regarding employee whose salary was paid late
The 9th Civil Chamber of the Court of Cassation has ruled that an employee whose salary was delayed by more than 20 days terminated their employment contract for just cause and is entitled to severance pay. According to the ruling, the non-payment of wages for an extended period grants the employee the right to just termination, allowing them to claim severance pay.
An individual working as a project manager at a company in Ankara, who resigned in 2019 citing a delay of more than 20 days in their salary payment, filed a lawsuit against the workplace claiming that they had terminated their employment contract for just cause and demanding the payment of severance pay, annual leave pay, and overtime wages with interest.
The court of first instance ruled that the plaintiff was entitled to severance pay, noting that while the plaintiff's wages for previous months had been paid at the beginning of the month, the April salary was paid on May 28, 2019, which was 5 days after the termination of the contract, and therefore, it was paid after the 20-day period stipulated by law.
The defendant employer appealed the decision, arguing that a one-time delay in salary payment could not be considered a valid reason for just termination.
The Regional Court of Justice upheld the decision of the court of first instance and rejected the defendant employer's appeal. Following this, the employer appealed to the Supreme Court. As a result of the appeal review, the 9th Civil Chamber of the Court of Cassation upheld the decision, ruling that even a one-time delay in an employee's salary constitutes a valid reason for just termination from the employee's perspective.
News Source: 12punto
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