We have a proverb: "They don't give food to those who don't cry." In business life, we can say that "they don't give money to people who don't want it." In order to want, one must first know his rights. The new work permit is one of the rights that most workers do not know exists.
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According to the Labor Law, the other party must be informed within a certain period of time before contracts with an indefinite period are terminated. This is called the notice period.
Employment contracts are generally contracts of indefinite duration. The notice period is 2 weeks for workers whose employment has lasted less than 6 months; 4 weeks for a worker who works from 6 months to 1.5 years, 6 weeks for a worker who works from 1.5 years to 3 years; For worker with more than 3 years it is 8 weeks. These periods determined by law are minimum periods. It can be increased further with an employment contract.
The employer or employee who does not fulfill the notification obligation must pay compensation equal to the wage for the notice period.
JOB SEARCH PERMIT DURING THE NOTICE PERIOD
At this point, the rights of workers that most workers do not know about come into play. Article 27 of the Labor Law regulates the right of workers to search for a new job.
Accordingly, the employer must give the employee job search permission to find a new job during the notice period. The job search permit must be given during business hours and without any wage deduction. The duration of the new job search permit cannot be less than 2 hours per day.
WORKERS CAN USE COLLECTIVELY IF THEY WANT
If the worker wishes, he/she can combine the job search leave hours and use them collectively. However, an employee who wishes to use his/her job search leave collectively must notify the employer in advance of his/her request to coincide with the day before he/she will leave the job.
THE EMPLOYER WHO DOES NOT GIVE PERMISSION PAYS MONEY
According to the law, if the employer does not give the permission to search for a new job or allows the leave to be used incompletely, the employer must pay the wage for that period to the employee.
There is more. If the employer employs the employee during the job search leave, he/she is obliged to pay the wage for the time worked with a 100 percent increase, in addition to the normal wage that the employee will receive without any work in return for using the leave.
HOW TO CALCULATE A JOB SEARCH PERMIT?
As I explained above, permission to search for a new job is given during the employee's notice period. For example, when an employee who has worked for 3.5 years at the workplace is dismissed, a notice period of 8 weeks is given. There are 48 working days in eight weeks. This means a total of 96 hours of new job search leave.
The worker who wants to use the new job search permit collectively must stop working 12 full days and 6 hours before the notice period, dividing the 96 hours into 7.5 hours per day.
HOW IS THE MONEY TO BE PAID TO WORKERS WHO ARE NOT GIVEN A JOB SEARCH PERMIT CALCULATED?
The law orders that if the employer does not provide the employee with a job search permit, he must pay a 100 percent increased wage in addition to the normal wage for these periods. For example, let's assume that the hourly wage is 250 TL gross. If the employer has not granted any new job search permit to the worker in our example, he/she must pay a gross amount of 48,000 TL, calculated as 96 Hours x 500 TL.
The Supreme Court does not consider the notification invalid if the job search permit is not granted, but it requests that the fee for the unused job search permit be paid separately.
