SALARY FORECLOSURE LETTER ACTIONS THAT MUST BE TAKEN BY THE EMPLOYER RELATED TO THE INCOMING EMPLOYEE
When the letter of salary seizure is received by you from the execution, you will first need to write the date of arrival of the notification on the incoming notification envelope and respond within 7 days.
The employer who has received the salary seizure notification must make the salary seizure from the date of receipt of the notification, when paying wages to your employee, you must deduct and deposit the amount that you have deducted into the enforcement file at the rate set by the enforcement directorate.
article 35 of the LABOR LAW No. 4857 also states that “No more than one-fourth of the monthly wages of employees may be confiscated or transferred and assigned to someone else”.
And again, in the ENFORCEMENT AND BANKRUPTCY LAW No. 1241 legislator article 83, Salaries, allocation and all kinds of wages, usufruct rights and income, alimony not subject to settlement, single salary, insurance or income allocated by single funds, the amount assessed by the bailiff as necessary for the borrower and his family to live can be foreclosed after the amount is deducted, but the amount to be foreclosed cannot be less than a quarter of them. If there is more than one foreclosure, it is put in order. No deduction can be made for the next foreclosure unless the deduction of the foreclosure that is in front of the queue is completed.” He states in the form.
THE ACTION TO BE TAKEN IN CASE THE EMPLOYEE LEAVES THE JOB WHILE THE FORECLOSURE IS ONGOING;
In case the employee leaves his/her job while the foreclosure deductions are continuing, it is also mandatory to send an information letter to the ongoing and next Enforcement offices stating that the employee has left his/her job by attaching the employee’s SGK declaration of dismissal.
IF THE EMPLOYEE LEAVES THE JOB, WILL THERE BE A DEDUCTION FROM THE COMPENSATION, PENSION BONUS?
II 355 et seq. according to the articles, if the letter “salary seizure” is received by you, the scope of this article is that they will receive salaries and wages. Severance pay, retirement bonus are not considered to be paid. For this reason, if the employee leaves the job in such a way that he deserves compensation and or pension bonus after the salary foreclosure letter arrives, this bonus and compensation will not be interrupted.
However, if the notice, called the notice of foreclosure (notice 89/1), and not the letter of salary foreclosure, is notified to the employer, if the employee will receive a pension bonus or severance pay on the date of notification of the notice, in this case, the employer must deposit the relevant fees in the relevant enforcement file.
Supreme court 12. 2016/4997 E of the Law Office., according to the decision numbered 2016/23632; The seizure of the salary and wages of the debtor is made according to the provisions of Article 355 and the continuing article of the IIK. 355 of the Second.according to the article, the executive director writes a foreclosure letter stating that the salary and wages have been foreclosed to the workplace where the debtor works. The employer who receives the foreclosure letter is obliged to notify the enforcement office within one week that the foreclosure has been executed and the amount of the debtor’s salary and wages and to immediately deposit the amount seized from the debtor’s salary or wages according to the enforcement office’s foreclosure notice until the debt is completed. Otherwise, 356 of the IIK.in addition, the money that they do not cut off in accordance with the article or do not send by the first means is taken from their salaries and other property by the executive office without any obligation to obtain a judgment from the court. In this case, the SECOND.nun 355.responsibility of those who do not comply with the provisions of the article, FIRST.nun 356.according to the article, the deduction is limited to the amount that is not made.” In the form of.
As it can be seen, 356 of the IIK. the article is about salaries and wages, and pensions and compensations cannot be evaluated within the scope of this article. The seizure of the debtor’s receivables held by third parties is possible only by the procedure specified in articles 89 / … and the rest of the IIK.
Supreme court 12. Law Department 27.12.2004 date and E.2004/22540, K.in its decision numbered 26972, it is stated that the notice and severance pay are not wages, therefore, the entire amount may be seized.
In other words, in this case, if the employee also deserved compensation and bonus on the date of notification of the said article when the foreclosure notice, called 89/1, and not the salary foreclosure letter, comes to you, the part of this price that will cover the debt should be deposited with the relevant enforcement office.
CAN THE EMPLOYMENT CONTRACT OF THE EMPLOYEE WHO IS SUBJECT TO SALARY CONFISCATION BE TERMINATED?
The employment contract of the employee whose salary is foreclosed cannot be terminated, but if the salary seizure situation becomes more than one, if it creates additional labor and burdens in the accounting and legal service, the employer may terminate the employee’s employment contract for a “valid reason” Oct.
But before this termination, the employer must give a written warning to the employee in the form of “either eliminate the salary seizure problem or I will terminate the employment contract”. As a result of the termination for this reason, the employer must pay the EMPLOYEE’S RIGHTS RELATED TO THE TERMINATION, NAMELY SEVERANCE AND NOTICE COMPENSATION AND, IF ANY, ANNUAL LEAVE FEE”.
Supreme Court 9. Legal Department E. 2008/3737 K. 2008/27673 T. in the decision of 20.10.2008, the defendant employer argued that the plaintiff’s defense was taken because he did not take any action despite the warnings to remove the lien on his salary, that his behavior caused negative problems at work, that the termination was based on a valid reason caused by the plaintiff’s behavior, and that the decision should be made to dismiss the case.
The court said that the defendant employer published a full statement for employees who had a lien on their wages in 2004, requested to be removed and received a defense, and that the employment contract of 15 employees with high debts out of 164 employees who had a lien on their wages was terminated for this reason ;
The local court did not consider the fact that the employee’s salary was frequently foreclosed as a valid reason, but the Supreme Court, on the other hand, expressed the OPPOSITE OPINION in its review and decided that this constituted a valid reason according to the form of the incident.
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