|
SOCIAL
AND ECONOMIC RIGHTS DESIGNED
So
as to prevent the social unrest in society which could
emerge as a result of privatisation, to prepare workers
to better adapt to the post-privatisation conditions
and to help workers find good jobs, privatisation law
envisages social and economic rights for the employees.
1.
Special Job Loss Compensation Payments and Other Services
Employees who work in organizations in the scope of
privatisation (excluding the participations) and whose
contracts are terminated due to
-restructuring
for privatisation,
-privatisation,
-down-sizing,
-cessation of activities in full or in part,
-permanent or temporary closing or liquidation of such
organizations
are
entitled to redundancy payments in accordance with labour
laws and their current collective bargaining agreements.
They are paid a special job loss compensation under
the Privatisation Law in addition to the redundancy
payment envisaged by relevant regulations and contracts.
Furthermore,
these employees are to be given priority in services
for finding
-new
employment opportunities,
-career development,
-vocational and apprenticeship training,
with
the support and financing of the Privatisation Fund.
Disabled
employees covering first, second and third degrees of
disability as defined in applicable laws may not be
dismissed except from organizations which are being
closed or liquidated.
In
the case of closing and liquidation, the disabled personnel
in question are to be offered a special job loss compensation
equal to twice the amount set forth herein.
All
transactions with respect to special job loss compensation
and other services will be carried out by and under
the direction and responsibility of the Turkish
Employment Authority (Is-Kur).
Employees,
•
whose contracts are terminated during
-restructuring
for privatisation,
-privatisation,
-down-sizing,
-cessation of activities,
-closing or liquidation of the organizations by
their employer without cause,
•
or whose contracts are terminated by the employers
with cause within one year following the date when
public shares in the organization falls below 50%,
or,
• if the organization is not converted to a
joint-stock company following the date of transfer
and delivery,
are
entitled to the redundancy payments and other services
foreseen by the Privatisation Law.
Those entitled to a special job loss compensation will
receive the special job loss compensation for a period
between 90 and 240 days depending on the number of service
days.
The
compensation benefits stated in this section are financed
by the Privatisation Fund.
2.
Transfer of Personnel in the Organizations
The personnel of the organizations in the privatisation
program, who are subject to the Civil Servants Law No.
657, are to be transferred to other Public organizations
if one of the followings happens
-privatisation,
-down-sizing,
-closing or liquidation, or
-activity ceasing.
Similarly, remaining employees can also be transferred
to other public organizations provided that there are
enough job vacancies.
3.
Extra Retirement Bonus
If employers who are eligible to retirement and subject
to Civil Servants’ State Pension Fund Law No.
5434 in an organisation, in the privatisation program,
voluntarily retires within 2 months following the date
when the organization is taken into the program, they
receive an extra bonus of 30% of the formal retirement
bonus . This additional payment is covered by the Privatisation
Fund.
|