Salary Confiscation; It is the seizure of a certain part of the wage received from the workplace in return for regular work by a person for whom enforcement proceedings have been initiated and finalized, regardless of public or private sector, through enforcement. The basis of this enforcement action is based on Article 83 of the Execution and Bankruptcy Law No. 2004.
Article 83 of the Enforcement and Bankruptcy Law:
(Amended: 3/7/1940 – 3890/1 art.) Salaries, allowances and all kinds of wages, usufruct rights and revenues, alimony not based on a wage, annuity salaries, insurances or revenues allocated by the dividend funds may be sequestered after the deduction of the amount deemed necessary by the bailiff for the subsistence of the debtor and his family.
(Amended: 12/4/1968 – 1045/1 art.) However, the amount to be confiscated cannot be less than one-fourth of these. If there is more than one confiscation, it is put in order. The next lien cannot be interrupted until the next lien’s deduction is finished.
After the execution proceeding is finalized, it is determined whether the person is working or not by making a SSI inquiry over the UYAP system upon the request of the creditor’s attorney. In the event that the person is working, the employer is requested to place a lien on the employee’s salary with a notification to be sent to the workplace by the enforcement directorate, pursuant to Articles 355 and the following of the Enforcement Bankruptcy Law, upon the request of the creditor’s attorney. The employer, who is not a party to the debt relationship, is obliged to put a lien on the employee’s salary and pay the deducted amount to the enforcement office within one week from the receipt of the lien. One of the important points to be considered here is that more than ¼ of the salary cannot be deducted without the consent of the person. If the employer does not deduct the salary, this amount can be taken from the employer through foreclosure upon the request of the creditor.
While this is the general rule, some exceptions have been introduced in the law. First of all, the ¼ limit has been abolished if the collection of monthly maintenance receivables(alimony) is in question. The entire monthly alimony debt that the worker is obliged to pay will be deducted from the wage by the employer and deposited in the enforcement office without being attached to the ¼ limit. If the salary is deposited into the account, it is important that the bank is notified that this account is a salary account. Otherwise, the bank places a lien on all the money in the bank account in line with the 89/1 1st Lien Notice or the Warrant of Lien sent to it. All of the “Premium” and “Overtime Work Fees” paid as ancillary to the salaries can be seized. In addition, “severance pay”, “notification indemnity”, “retirement bonus” received by the employees from the workplace are among the goods that can all be seized. The second exception is for pensions. Since there was no such regulation in the old law period, although there were different opinions in the doctrine, with the changes made, pensions were counted among the goods that are not foreclosed and became non-seizable.
Within the scope of Job Assurance, it is stated that the employment contract of the workers will be terminated for what reasons and on the basis of which article. The employment contract cannot be terminated only if the employee’s salary is foreclosed, if the employer terminates the employment contract for this reason, he has to pay “the employee’s severance and notice pay due to termination and annual leave fee, if any”. According to the decisions of the Supreme Court, if the salary seizure occurs more than once, the employer may terminate the employee’s employment contract if it causes additional labor and burden in the accounting and legal services. However, in this case, the employer is required to issue a written warning to the employee, stating that “either remove the salary lien problem or I will terminate the employment contract”. If the employee’s employment contract is terminated due to a lien on his salary, the reemployment lawsuit to be filed against the employer in the presence of other conditions will also be evaluated according to these criteria. You can contact our law firm to get legal support and opinion on these issues.
