31 January 2024
What is Job Seeking Leave? Calculation of Job Seeking Leave
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What is Job Seeking Leave?
Job seeking leave is a type of leave that an employee can use in the process of finding a new job before leaving their current job. This leave allows the employee to focus on job search activities and evaluate potential job opportunities. This right, which is provided to the employee to use within the notice period and on working days, is called "job seeking leave". Pursuant to Article 17 of the Labor Law No. 4857, in the event that the employee or the employer terminates the indefinite-term employment contract by giving a notice period, the employee must be given permission to search for a new job pursuant to Article 27 of the Labor Law. Article 27 defines the title "New Job Seeking Permission" as follows:
"Within the notice periods, the employer is obliged to give the employee the necessary job seeking leave to find a new job during working hours and without deduction of wages. The duration of the job seeking leave cannot be less than two hours a day and if the employee wishes, he/she may combine the hours of job seeking leave and use them collectively. However, the employee who wants to use the job seeking leave collectively must coincide it with the days before the day he/she will leave the job and notify the employer of this situation. If the employer does not grant the new job seeking leave or makes it incomplete, the wage for that period shall be paid to the worker. If the employer employs the worker during the job seeking leave, in addition to the wage that the worker will receive without any work by using the leave, he shall pay the wage for the period of employment with a one hundred percent increase."
Calculation of Job Seeking Leave
Job seeking leave is calculated on the basis of the total duration of the person's employment. Job seeking leave is calculated according to the notice periods as follows:
| Duration of Working | Notice Period | Job Seeking Leave |
|---|---|---|
| 0-6 months | 14 days | 28 hours |
| 6-18 months | 28 days | 56 hours |
| 18-36 months | 42 days | 84 hours |
| 36 months and more | 56 days | 112 hours |
The employee has the opportunity to use the job seeking leave on a daily basis or in a collective manner. This possibility does not lead to a change in the notice periods.
Calculation Example for Job Seeking Leave Wage
In a workplace where the employee works 6 days a week for a monthly gross salary of 22,500.00 TRY; the employee who is entitled to 8 weeks of notice according to his seniority will be entitled to a total of (6 days * 2 hours) * 8 weeks = 96 hours of new job seeking leave.
In this case;
- New job seeking leave fee for one hour: (22,500.00 TRY/225 hours)*2 (Increase Coefficient)= 200.00 TRY
- Total cost of new job seeking leave: 200.00TRY*96 (Total job seeking leave period)= 19,200.00 TRY.
How Many Hours of Job Seeking Leave?
Job seeking leave cannot be less than 2 hours per day within the notice period and no deduction can be made from the employee's wage for these periods. However, if the notice periods are increased in the contract between the employer and the employee, the duration of the job seeking leave is determined according to the notice periods in the contract.
How to Take Job Seeking Leave?
Job seeking leave is used during working hours, independent of annual paid leave and weekends. It is important that the workplaces are open and within working hours while the employee is looking for a job within the notice period. However, the employee must notify his/her current workplace in advance of when he/she will use the leave. If the employee and the employer decide to continue working at the current workplace during the notice period, the job seeking leave used cannot be deducted from the annual leave period.
Who Can Take Job Seeking Leave?
Anyone working under an indefinite-term employment contract has the right to use the job seeking leave. However, those working under a fixed-term employment contract and those on probationary period are excluded from this right.
Seafarers and journalists cannot benefit from the job seeking leave provisions under the Labor Law. The job seeking leave rights of these occupational groups are shaped according to the Maritime Labor Law No. 854 and the Turkish Code of Obligations. Article 421 of the Turkish Code of Obligations defines job seeking leave as follows: "In the event of termination of an indefinite-term service contract, the employer is obliged to give the employee two hours of job seeking leave per day within the notice period, without any deduction in wages. In determining the hours and days of leave, the justified interests of the workplace and the employee shall be taken into consideration."
Failure or Incomplete Use of Job Seeking Leave
The right to job seeking leave of an employee with an indefinite-term employment contract is stated in Article 27 of the Labor Law as follows: "If the employer does not give the new job seeking leave or makes it incomplete, the wage for that period is paid to the employee. If the employer employs the employee during the job seeking leave, in addition to the wage that the employee will receive without any work by using the leave, he pays the wage for the period of employment with a one hundred percent increase." For this reason, the employee's request for job seeking leave cannot be rejected by the employer.
Resigning Employee's Right to Job Seeking Leave
An employee who resigns may use job seeking leave provided that he/she complies with the notice periods. However, in terms of business ethics, the employee must inform the employer in advance that he/she will leave the job. The resigning employee must submit the job seeking leave petition with the resignation petition.
Are Salaries Deducted During Job Seeking Leave?
No deductions can be made from the employee's salary during job seeking leave. According to the Labor Law, since job seeking leave is within the scope of paid leave, the employee's salary is calculated in full. In addition, severance and notice pay cannot be deducted.
Can the Employee Claim Wages Instead of Job Seeking Leave?
The employee cannot demand payment of his/her wage instead of using his/her job seeking leave. In other words, even if he/she does, the employer is not obliged to pay.
What are the Conditions for Job Seeking Leave?
To summarize, the conditions for job seeking leave are as follows:
- The right to job seeking leave applies to terminations with notice made by the employer and the employee. It does not matter whether the termination is made by the employee or the employer. Job seeking leave must be granted for both parties in cases of termination with notice. For example, even if the employee resigns with notice and states that he/she has found another job, he/she will be entitled to job seeking leave.
- In cases of justified termination by either the employee or the employer, the employee will not be entitled to job seeking leave as there will be no notice period. In terminations made without a notice period by paying the notice pay, the employee cannot be entitled to a new job seeking leave fee.
- Since the employment contract continues during the notice period - provided that it is not contrary to the rules of honesty and good faith and not used in bad faith - the employer determines the time of use of the job seeking leave.
- The duration of the job-seeking leave cannot be less than two hours per day within the notice period. This period is calculated according to the days worked at the workplace. Again, the new job search fee is not calculated for weekends, national holidays and general holidays on which the employee is not employed. Example: In a workplace where the employee works 6 days a week, the employee, who is entitled to 8 weeks' notice period according to his seniority, should be given job seeking leave for 6 days of the week, not less than 2 hours a day. In this case, the total duration of the job seeking leave will be calculated as (6 days*2 hours)*8 weeks= 96 hours. In case of working 5 days at the workplace, the job seeking leave period that the same employee will be entitled to will be calculated as a total of (5days*2hours)*8 weeks= 80 hours.
- It does not matter whether the employment contract is part-time or on-call. Employees working in these forms are also entitled to job seeking leave.
- The employee does not have the right to demand the wage for not using the job seeking leave. Job seeking leave can be used collectively at the request of the employee. The employee must notify the employer in advance of the request for collective use. The employer must meet this request.
- In the event that a new job seeking leave is not given or is used incompletely within the notice period, the wage for that period must be paid with a one hundred percent increase. This wage does not include the wage that the employee will receive without working.
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