Making payments under the names of premium etc (in the manner inexplicably in a possible inspection) which are complementary to short-time working allowance can cause short-time working allowance be cut and can also cause those unwarranted payments to be repaid to the Institution by Employer. Thus, the steps taken by the Employer should not be for the purpose of making profit through the Agency.
For example, let’s assume that the daily wage of an employee is 200-TL.
Accordingly, the monthly wage is 6000-TL.
In the system where the workplace is closed; 3.600-TL which is 60% of 6000-TL will be deposited by the fund.
In this system, the person who earns 6.000-TL as the monthly wage will receive approximately 3.600 TL.
If the employer wishes to complete the remaining 2.400-TL; İŞKUR (Turkish Employment Agency) may question why the workplace was closed while there was a budget in such a situation and, for example, conclude that the employer is aiming to make a profit from the institution by saying that the it could have been keep working in the system of 1/3 or compensatory work system could be implemented.
For this reason;
The payments made from the unemployment fund are collected from the employer, by stopping short-time working in accordance with the provisions of article 7/11 and article 8/2 of the Regulation within the scope of abuse of the right.
Therefore, it would be more appropriate to hand over the documents in a way that will not be recorded and keep it as confidential as possible. Even if this is detected, the same results will occur.
“(11) Overpayments made due to employers providing incorrect information and documents are collected from the employer along with its legal interest and the overpayments made due to the employee’s defect are collected from the employee along with its legal interest.”
“(2) During the examination made in workplaces which are short-time work practice is in progress, the short-time working allowance is stopped upon the written request of the labour inspector, in case of determination that the employer provides incorrect information and documents about the working hours of the employees, by taking into account the number of the employees subject to the incorrect information.”
If employers decide to make additional payments to complement short-time work by taking possible risks; they can make payments by taking into consideration the provisions of Article 7.5 of the Communiqué of Employer Implementing.
Payments Other Than The Wage Which Exceeding The Upper Limit Of The Premium Based Income
If the insured receives a payment other than wage but which will be included in the premium-based income in the months when there is no work and wage is not paid for various reasons (such as unpaid leave, rest), these payments other than wage will be included in the premium-based income of the relevant months, not exceeding two months following the date of payment as there is no premium payment days for the insured in the month of payment.
However, in cases where the wage is not entitled in two months following the date of payment, these payments other than wage cannot be included in the premium-based income.
All kinds of payments, which are paid to the insured other than wage, such as premiums and bonuses, are included in the income of the month which the payment is made and are subject to premium. However, if the relevant payments are combined with the wage and subject to premium, some insured’s monthly premium-based income may exceed the upper limit of the premium-based income.
In the case the insureds are paid other than their monthly wages, which can be included in the premium-based income, these receivings will be subject to premium, provided that no more than thirty times the upper limit of daily income per premium is exceeded. None the less, if the sum of the both receivings exceeds the upper limit, the part of the payment other than the wage exceeding the upper limit will be included in the premium-based income for the next two months by taking into account the provision of Article 82 of the Law.
Example- Assuming that the insured (D), whose gross monthly wage is 4.000-TL, has unpaid leave in 2012/January and a gross 6.000-TL bonus in the said month has been paid; the premium other than wage will be included in premium-based income for February and March since the insured has no number of premium payment days in January considering that the monthly income upper limit between the dates of 1/1/2012 and 30/6/2012 is 5.762,25 TL.
Income basis to the premium for January 2012 / January = 0 TL
Income basis to the premium in 2012/February 4.000-TL wage + 1.762,25 TL bonus = 5.762,25 TL
Income basis to the premium in 2012/March 4.000-TL wage + 1.762,25 TL bonus = 5.762,25 TL
will be reported to the Institution,
Bonus which has been added to premium-based income 1.762,25 TL X 2 =3.524,50 TL,
6.000,00 TL – 3.524,50 TL = 2,475.50 TL bonus will not be included in the premium-based income.
We advise you to act accordingly,unless otherwise stated in the possible circular to be published by the institution or the Ministry.
FOR MORE DETAILS , CONSULT THE ARTICLE’s WRITER
Yalçın & Toygar Law Office
Kabatas-Setustu, Inebolu Sok. No:25 Ada Apt. D.11 34427 Istanbul
+90 212 293 09 09
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