Un­em­ploy­ment ben­e­fits

Dünya Executive - - BUSINESS BY LAW - M. FATIH KOPRU TAX SER­VICES-PUB­LI­CA­TIONS DI­REC­TOR / EY TUR­KEY [email protected]

In Tur­key, any­one fall­ing un­der the scope of Ar­ti­cle 4(a) of the So­cial Se­cu­rity Law - re­cruited by one or more em­ploy­ers based on a ser­vice con­tract, i.e. pri­vate sec­tor em­ploy­ees - are cov­ered by un­em­ploy­ment in­sur­ance. Also those who are sub­ject to pri­vate pen­sion funds un­der tem­po­rary ar­ti­cle 20 of the pre­vi­ous so­cial se­cu­rity law are cov­ered by un­em­ploy­ment in­sur­ance. How­ever, un­em­ploy­ment in­sur­ance reg­u­la­tions do not ap­ply to civil ser­vants and for­mer Bağ-Kur (so­cial se­cu­rity or­ga­ni­za­tion for artisans and the self-em­ployed) mem­bers.

El­i­gi­bil­ity

In or­der for an em­ployee to ben­e­fit from un­em­ploy­ment in­sur­ance when he or she be­comes un­em­ployed, the re­quired con­di­tions in­clude:

• Forced loss of em­ploy­ment, not in­clud­ing le­git­i­mate fir­ing

• In the case of a ser­vice con­tract, to be sub­ject to the con­tract for 120 days prior to its ter­mi­na­tion

• Paid un­em­ploy­ment in­sur­ance pre­mi­ums for at least 600 days over the pre­vi­ous three years prior to ter­mi­na­tion of the ser­vice con­tract

• Ap­pli­ca­tion to the near­est ISKUR of­fice per­son­ally or elec­tron­i­cally at www.iskur.gov.tr within 30 days af­ter ter­mi­na­tion of the ser­vice con­tract (in case of fail­ure to ap­ply within this pe­riod ex­cept for force ma­jeure, the de­layed time in the ap­pli­ca­tion is de­ducted from the to­tal en­ti­tle­ment pe­riod)

Ser­vices pro­vided

Un­der the above con­di­tions, un­em­ploy­ment ben­e­fits are paid to the un­em­ployed per­son. But the ser­vices pro­vided by ISKUR are not lim­ited to those. In ad­di­tion to the un­em­ploy­ment ben­e­fits, the ser­vices in­di­cated be­low are also pro­vided:

• Pay­ment of gen­eral health in­sur­ance pre­mi­ums

• As­sis­tance find­ing a new job

• Pro­vid­ing pro­fes­sional devel­op­ment, train­ing and ed­u­ca­tion ser­vices.

Du­ra­tion of un­em­ploy­ment ben­e­fit

The du­ra­tion of the un­em­ploy­ment ben­e­fit varies ac­cord­ing to the num­ber of days in which the un­em­ploy­ment in­sur­ance pre­mium was paid and num­ber of in­sured days within the last three years prior to the ter­mi­na­tion of the ser­vice con­tract:

• 180 days for in­sured un­em­ployed per­sons who have worked as in­sured em­ploy­ees for 600 days and have paid their un­em­ploy­ment in­sur­ance pre­mi­ums

• 240 days for the in­sured un­em­ployed who have worked 900 days as in­sured em­ploy­ees and paid their un­em­ploy­ment in­sur­ance pre­mi­ums

• 300 days for in­sured un­em­ployed peo­ple who have been in­sured em­ploy­ees and paid un­em­ploy­ment in­sur­ance pre­mi­ums for 1,080 days.

Amount of the ben­e­fit

Un­em­ploy­ment ben­e­fit is cal­cu­lated as 40 per­cent of the av­er­age daily gross wage. The av­er­age wage is de­ter­mined by tak­ing the in­sured’s earn­ings ba­sis to pre­mium for the last four months into con­sid­er­a­tion. How­ever, it should be noted that un­em­ploy­ment ben­e­fits also have an up­per limit. It can­not ex­ceed 80 per­cent of the monthly min­i­mum wage gross amount.

The un­em­ploy­ment ben­e­fits payable for min­i­mum wage and sev­eral higher wages are listed in the ta­ble above.

Ter­mi­na­tion of pay­ment

While re­ceiv­ing un­em­ploy­ment ben­e­fit; un­em­ploy­ment ben­e­fits of those re­ject­ing a job pro­posed by ISKUR (in ac­cor­dance with their pro­fes­sion, close to the wages and work­ing con­di­tions of their last job and within the bound­aries of the mu­nic­i­pal con­tigu­ous area of the place of res­i­dence) with­out any co­gent grounds and those who are de­tected to be work­ing in­for­mally dur­ing the pe­riod in which they re­ceive the ben­e­fit im­me­di­ately barred from re­ceiv­ing ben­e­fits.

Un­em­ploy­ment ben­e­fits of those be­gin­ning to re­ceive pen­sion pay­ments dur­ing that pe­riod are cut as of the date that their pen­sions start. In ad­di­tion, the un­em­ploy­ment ben­e­fits of those who refuse or do not con­tinue train­ings of­fered by ISKUR and do not re­ply to calls made by the In­sti­tu­tion on time, or do not pro­vide the re­quired in­for­ma­tion and doc­u­ments in a timely man­ner, are also cut off. How­ever, if the per­son re­sumes train­ings or sub­mits doc­u­ments, pay­ments are re­sumed.

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