The balance period fee, like other labor receivables, is requested by suing the labor courts and is a fee that can only be requested for the employee working with a fixed-term employment contract. The balance period fee may be requested if an employee working with a fixed-term employment contract has been unfairly terminated by the employer of the employment contract before the end of this period.
The balance period fee is a type of fee that is not requested by the employer. That is, if the fixed-term employment contract is terminated by the employee for justified or unfair reasons, the employer will not be able to file a lawsuit against the employee and claim the balance period fee from the employee. For these cases, this may be requested by the employer only if there is a criminal requirement agreed in the employment contract.
How to Qualify for the Balance Period Fee?
If there is a fixed-term employment contract between the employee and the employer, the parties are deemed to have suspended their termination Dec until the end of the contract. As a matter of fact, the Supreme Court also has this opinion and its decisions are in this direction. The subtlety here is that “an employee working with a fixed-term employment contract must sign an employment contract relying on the will of the parties”. Because the termination of this contract by the employer for an unfair reason will disrupt the economic situation of the employee and victimize the employee. The balance period fee is a fee that is set up to ensure that this victimization is prevented to some extent.
What Will Happen If the Fixed-Term Employment Contract Is Terminated for a Valid Reason?
Although the concept of valid reason is controversial in fixed-term employment contracts, an employer will not be able to terminate a fixed-term employment contract based on a valid reason. As a matter of fact, as we have stated above, the Supreme Court accepts that the parties postpone their termination requests until the end of the contract period in certain term employment contracts and its decisions are in line with this. Therefore, in the event of termination of the fixed-term employment contract by the employer on the basis of only the valid reason without a justifiable reason, the employer is obliged to pay the employee the balance period fee.
Calculating the Balance Time Fee
The loss and earnings of the employee are taken into account when calculating the balance period fee, and the account in question is made in this way. Although the employee will suffer a financial loss due to the termination of his job, he will also make a certain number of expenses due to his job during the time he continues his job. For this and similar expenses, income balances, pros and cons, the balance period fee is calculated and the balance period fee that the employee deserves is found.
The salary that will be taken into account when calculating the balance period fee is the final gross salary. If the employee who has been terminated while calculating the balance period fee works elsewhere, this fee is deducted from the balance period fee.
Interest on the Balance Period Fee
The balance period fee is considered to be a compensation rather than a fee nature. Due to the fact that it is considered as compensation, legal interest will be applied to the balance period fee.
The Statute of Limitations on the Balance Period Fee
Due to the fact that the balance period fee is considered to be compensation, the statute of limitations is 10 years in accordance with the general rules.
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