In labour law, there may be some types of compensation that the employer may be obliged to pay in certain situations. In this article, we will examine the correct English legal terminology for such compensations, which usually occur due to the termination of the employment contract.
Kıdem Tazminatı in English Terminology
Firstly, we will address “kıdem tazminatı “, which is the most common type of compensation in labour law and regulated under Article 14 of the Labour Law. While in practice, the most commonly used English word for “kıdem tazminatı” is “severance pay”, terms such as “benefit severance”, “dismissal pay” or “redundancy pay” are also used. However, in our opinion, the most frequently used and most accurate legal terminology is “severance pay”.
İhbar Tazminatı in English Terminology
Another type of compensation in labour law is “ihbar tazminatı” regulated under Article 14 of the Labour Law No. 1475. In practice, the most accurate English terms for “kıdem tazminatı” are “notice pay” or “notification pay”.
Kötü Niyet Tazminatı in English Terminology
In the event that the employer terminates the employee's employment contract by abusing his/her right of termination, the employer may be obliged to pay the employee a “kötü niyet tazminatı” which is regulated under Article 17 of the Labour Law, to an amount that is three times the notification period. We are of the opinion that the most accurate English terms for “kötü niyet tazminatı” are “bad faith compensation” and “compensation for bad faith damages”.
Ayrımcılık Tazminatı in English Terminology
Ayrımcılık tazminatı regulated in Article 5 of the Labour Law, arising from the employer's violation of the most commonly used English term for ayrımcılık tazminatı is “discrimination compensation”, for ayrımcılık yasağı is“discrimination prohibition” and for eşit davranma ilkesi is “equal treatment principle”. In our opinion, all these terms comply with the English legal terminology.
İşe Başlamama Tazminatı in English Terminology
Finally, the employer, who does not let the employee – who has won the reemployment lawsuit and applied to return to work – within one month from the date of the application, is obliged to pay compensation in the amount of the employee’s gross wage of at least four months and at most eight months, within the scope of Article 21 of the Labour Law. The term for this compensation in the Turkish practice is “işe başlatmama tazminatı”. This concept does not have a direct translation or a uniform use in English legal terminology. However, terms such as “re-employment compensation”, “reinstatement compensation” or “compensation for impediment in labour contract” are used in practice.
