Retirement decision that draws attention: There is no longer any obstacle ...
It was the subject of different discussions whether those who received severance pay for 15 years of insurance and 3600 days of premium retirement can work again. The Supreme Court clearly decided that the resumption of workers in this situation was not an "abuse of right" and there was no obstacle in this matter.
The form of retirement known as retirement with 15 years and 3600 days in the public is always curious. There are some points that should be taken into consideration in order to resign and obtain severance pay after meeting the conditions of insurance period and number of days of premium payment for this retirement. The recent decisions of the Supreme Court on this issue are very important for the workers. How employers should act on this issue is also revealed in decisions.
In its previous decisions, the Supreme Court had made decisions in favor of the employee if there was no contradiction to the principle of honesty regarding the resumption of severance pay for 15 years and 3600 days and if there was no abuse of the right.
FREEDOM TO WORK
The general reason for the severance pay paid to the employee for 15 years and 3600 days is that he will wait for the age requirement without working after meeting the conditions other than the age required for retirement. The issue of whether those who received severance pay within the scope of this right could work again or not could be subject to different evaluations.
When the workers in this situation resumed their work after a short while, the employer who paid the compensation, filed a lawsuit with the allegation of "abuse of right" and demanded compensation. On the other hand, there were different decisions about whether these people work again after receiving compensation within the scope of the freedom of work clearly enshrined in the Constitution, "abuse of the right".
NOT VALID FOR EVERYONE
It is possible to leave the workplace and get severance pay due to the conditions other than age for retirement. However, this is 15 years, not 3600 days for all employees. If the date on which the person is insured for the first time is on or before 8 September 1999, then the condition of 15 years and 3600 days applies.
However, for individuals who were insured for the first time on and after 9 September 1999, this requirement is 25 years of insurance and 4500 days, or 7000 premium days. Therefore, it would be appropriate for people who want to use this right to review their own situation first and apply to SGK (Social Security Institution) and request a letter on this subject.
LETTER TO EMPLOYER
The employer has to pay severance pay to these people if the persons who have completed the insurance period and the number of days of premium payment from the retirement conditions that vary according to the date of insurance for the first time, from the SSI provincial or district directorates to which they are affiliated and give them to the employer. SSI made the necessary checks and completed the other conditions other than the age required for retirement