Time bar is a situation that does not terminate the debt with the passage of a certain period of time, but provides the debtor with the opportunity to avoid payment. If the time bar, which begins with the debt becoming due, is missed, the debt becomes incomplete debt.
Labor receivables are subject to a 5-year time bar according to Article 32 of the Labor Law. This includes travel allowances, bonuses, leave wages, overtime wages, severance pay, notice indemnity, bad faith compensation, and compensation arising from the termination of the employment contract without complying with the principle of equal treatment.
The wage of the worker for the month he worked becomes due at the end of the month and the time bar begins to run. For wages such as travel allowance, bonus and overtime, the time bar will begin to run once the worker is entitled to these wages. However, in terms of annual leave fee, it is clearly stated in the law that the time bar will start from the date of termination of the employment contract. The beginning of the limitation period for labor receivables such as severance pay, notice indemnity, bad faith compensation, compensation arising from the termination of the employment contract without complying with the principle of equal treatment, is the expiry date of the contract.
However, this 5-year limitation period is valid for employment contracts that expire on or after 25 October 2017. Claims such as severance pay, notice indemnity, bad faith compensation, compensation arising from the termination of the employment contract without complying with the principle of equal treatment are within the scope of the 10-year statute of limitations.
If the 10-year statute of limitations has not expired as of 25 October 2017 for the labor receivables whose employment contract has expired before 25 October 2017 and is subject to a 10-year statute of limitations, a 5-year statute of limitations applies from the beginning for such receivables.
The same derogation period, which eliminates the right or debt, is in question in the case of reemployment. An employee whose employment contract is terminated by the employer for no reason or for an invalid reason can file a lawsuit within 1 month from the notification date of the termination. In the event that the decision of reemployment is issued as a result of the lawsuit, the 10-day period of deprivation will begin to run for the employee to apply to the employer, as of the notification of the court decision to the employee.
The service determination cases, which are frequently encountered in the field of labor law, are also stated in the Social Security General Health Insurance Law No. 5510: “Insured persons whose monthly premium and service certificates are not given by the employer or whose employment cannot be determined by the Institution, apply to the labor court within 5 years starting from the end of the year in which their employment was rendered, and they will receive a verdict. If they can prove it with their monthly income, their monthly earnings totals and the number of premium payment days specified in the court decision are taken into account.” It has been subjected to a period of deprivation of rights of 5 years.
Article 24 of the Labor Law No. 4857 regulates in which cases the employment contracts can be terminated without notice based on a just cause, in case of non-compliance with the rule of morality and goodwill. In case of violation of the rules of morality and goodwill specified in this article, the employment contract may be terminated unilaterally without notice within 6 working days from the date of the event.
On the explanations we have made, it should also be emphasized that the statute of limitations and forfeiture periods stipulated in our laws are very important. It is necessary to pay attention to these periods in order to obtain your right without any loss. That’s why it’s a good idea to get help from an expert lawyer. You can contact us for information and assistance.