Attention employees with delayed salaries: Supreme Court ruling on severance pay

The 9th Civil Chamber of the Supreme Court of Appeals has issued a notable ruling in favor of a worker who terminated their employment contract due to late payment of wages. The severance pay claim of a worker identified as N.D., whose salary was delayed by 20 days, was found to be justified by the Supreme Court following rulings by the local court and the appellate court.

According to the case file, the worker stated that they terminated their employment contract for just cause, citing the non-payment of wages under Article 24 of Labor Law No. 4857. The worker requested the collection of severance pay, annual leave pay, and overtime receivables with interest.

The defendant company argued that short-term delays in salary payments could not be considered grounds for just cause termination. The company side further claimed that the annual leave pay had been paid and that the plaintiff, who worked as a project manager, determined their own working hours.

The Labor Court determined that the salary for April was paid on May 28, five days after the termination of the employment contract. Noting that salaries had been paid at the beginning of the month in previous months, the court ruled that the worker was entitled to severance pay because the salary was paid after the period stipulated by law. The claim for overtime pay was rejected on the grounds that it could not be proven.

Upon the appeal of the decision, the Regional Court of Justice reviewed the file and found the local court's decision to be appropriate. The 9th Civil Chamber of the Supreme Court of Appeals, which reviewed the file following the defendant's appeal, upheld the decision.

The ruling is considered a precedent for labor-employer disputes regarding a worker's right to just cause termination and claims for severance pay in the event of delays in salary payments.