Ahmet Kıvanç wrote… Who can get unemployment benefits?

To be entitled to unemployment benefits, the worker must have at least 600 premium days in the last 3 years and have worked with a service contract for the last 120 days. However, not everyone who meets these conditions can receive unemployment benefits. In addition to this, an important condition for receiving an allowance is that the employee must not have his own will or fault in the termination of the employment contract.

The employer makes the declarations of the workers who leave the job to the Social Security Institution according to the codes determined by the SSI. The SGK has determined the codes in question in accordance with the Labor Law, the Press Labor Law, the Maritime Labor Law and the Code of Obligations. Based on these codes, the Turkish Employment Agency (İŞKUR) determines whether the worker is entitled to unemployment benefits.

The correct determination of the leave code is important for the employee’s entitlement to unemployment benefits.

CODE 29 NAME CHANGED

The most aggravating situation for employees is that the dismissal is based on situations that do not comply with the moral and goodwill rules of the first paragraph of the Labor Law, clause (II), and similar reasons. Previously, a notification was made with the code 29 for all those who were dismissed for this reason. SSI changed this problem last year. It canceled code 29 and instead determined 11 separate codes, ranging from 42 to 50. Thus, it became possible to report sexual harassment and those who quit due to absenteeism with different codes. However, none of those previously reported with codes 29 and now codes 42 to 50 receive unemployment benefits.

THE INTERESTS OF THE EMPLOYEE AND THE EMPLOYER ARE IN CONFLICT

If the employer dismisses the worker for an unfair reason or if the worker terminates the employment contract for a valid reason, he has the right to receive unemployment benefits. However, the employer chooses the exit code from 42 to 50 so as not to pay notice and severance pay. This deprives the worker of unemployment benefits.

CASE WINNER RECEIVES UNEMPLOYMENT PAY AFTER

A question that most employees do not know is: in cases where there is such a dispute between the worker and the employer, the worker may not receive unemployment benefit at the beginning, if he earns the trial. The worker who proves that he terminated the employment contract for a just reason or that the employer dismissed him unfairly, receives unemployment benefit for the periods of inactivity subsequent to the termination of the employment contract. For this, he must apply to İŞKUR with the court decision.

The worker who wins the case must apply to İŞKUR within 30 days from the date of finalization of the first court decision. If the decision of the first court is appealed, the 30-day period runs from the notification of the judgment of the Court of Cassation or of the appeal.

ERROR IN EXIT CODE CAN BE CORRECTED

Dismissal procedures must be carried out within 10 days from the termination of the employment contract. The code, which is reported to SGK as incorrect, can be changed within this ten day period. For example, even if a dismissal notification is made on the same day for an employee whose employment contract is terminated on March 28, the employer can change the exit code for ten days.

In order for the error to be corrected after ten days, the employer must apply to İŞKUR. The worker cannot apply alone, he must apply together with the employer. Previously, it was requested to go to SGK after the error was corrected by İŞKUR. If the correction is made only for unemployment benefits, a separate request for correction is not required with the SSI.