Precedent-setting bonus ruling from the Court of Cassation

The 9th Civil Chamber of the Court of Cassation has ruled that workers employed under community benefit programs are entitled to receive additional payments (statutory bonuses). This decision puts an end to the uncertainties surrounding the legal status of these employees.

While the 7th Civil Chamber of the Gaziantep Regional Court of Justice had ruled that workers in community benefit programs were entitled to additional payments, the 7th Civil Chamber of the Ankara Regional Court of Justice had stated that they were not. Following this contradiction, the Board of Presidents of the Civil Chambers of the Gaziantep Regional Court of Justice applied to the Court of Cassation to resolve the dispute.

THE CONTRADICTION WAS RESOLVED BY THE COURT OF CASSATION'S DECISION

The 9th Civil Chamber of the Court of Cassation examined the application and ruled that individuals working under community benefit programs should be considered as having worker status and, therefore, are entitled to additional payments.

In its reasoned decision, the Court of Cassation stated that those working in community benefit programs are employed under an employment contract and emphasized that these individuals are accepted as "workers." The decision recalled that employees of companies and institutions where the majority of the capital belongs to the state, as well as those working in municipalities, are entitled to additional payments under the Labor Law. In this context, it was stated that since those working in community benefit programs hold the same status, they are also entitled to receive additional payments.

News Source: 12punto