In the Unemployment Insurance Law No. 4447, the conditions for qualifying for unemployment Insurance and the amounts that can be received are regulated. 49 of the Law. As stated in the article, the unemployment insurance premium is 1% of the gross monthly earnings based on the premium, 2% of the insured is taken as the employer and 1% as the State Share. However, the state share is not taken from the optional insured, only 1% is insured, and 2% is paid by the employer.
In general, there must be 3 conditions in order to benefit from unemployment benefits. The first of them;
A total of at least 600 days of Unemployment Insurance premium must have been paid in the last three years, continuously for the last 120 days before the end of the Service Agreement.
According to this article, the employee whose service contract has been terminated or who is forced to terminate the employment contract for a justified reason must work continuously and continuously for 4 months before the service contract expires. Another condition listed in the same article is that an Unemployment Insurance Premium must be paid for at least 600 days within the last 3 years before the end of the service agreement. The importance of how many days the premium has been paid by the employee whose service contract has expired in the last 3 years manifests itself in determining how many months the salary he will receive will be received for.
The termination of the Service Agreement must not have Its Own Wishes and Defects.
In order to be eligible for unemployment insurance, the employee must not have any defects. 25 of the Employer’s Labor Code. If there are reasons that may terminate the employment contract in accordance with the article, the employee will not be eligible for unemployment benefits. In addition, if the employee terminates his employment contract without any reason or without any justifiable reason (Resignation), the employee will not be eligible for unemployment benefits. Unemployment benefits are paid if the employer terminates (fires) the employment contract without specifying any reason, and if the employee is forced to terminate the employment contract for a justified reason. However, in practice, there are problems with the ability of an employee to receive an unemployment benefit if he is terminated for a justified reason. The employer of the termination of your employment for any reason, without notice to the end hundreds of departure from work in the event if she reported the matter out in the declaration, the worker, the worker’s drying time and for the right reason while on the dole apply if you terminate your employment, justification is not accepted by the institution concerned and the existence of most of the time of employment was terminated for good cause on whether the court order is required.
It is necessary to apply to the institution within 30 days after the termination of the Service Agreement.
An employee who meets both conditions can apply for an unemployment benefit by personally applying to the institution, stating that they are ready to work in a new job. the 30-day period is not covered by the downgrade period. In other words, if 30 days have passed since the end of the service agreement, the employee can still apply to the relevant Institution, IŞKUR. However, the allowance that he will receive for each day that has passed 30 days will also be reduced. For example, if a worker applies to Işkur 45 days after the end of the employment contract, it means that he will receive an incomplete allowance for 15 days from the allowance he should receive.
HOW IS UNEMPLOYMENT BENEFIT CALCULATED?
As for how to calculate unemployment benefits, it is necessary to know the gross salary of the employee for the last 4 months and the unemployment premium he has paid in the last 3 years. We have stated that if the employee has paid less than 600 days of premium in the last 3 years, he will not be eligible for Unemployment Benefits. If the employee has paid a Premium for 600 days in the last 3 years, the employee will be paid unemployment benefits for 180 days(6 Months). if there are 900 days, the employee will be paid unemployment benefits for 240 days (8 Months), if he has worked for 1080 days, that is, for all of the last 3 years, the employee will be paid unemployment benefits for 300 days (10 Months).
The Amount to be paid is calculated by taking the average of the gross salary of the employee in the last 4 months of continuous work. 40% of the average gross salary of the employee for the last 4 months is paid to the employee as unemployment benefits. The only deduction made from the payment of unemployment benefits is Stamp duty, which is currently 0.759%, and only this rate is being deducted. However, it should be noted that the unemployment benefit that an employee can receive, no matter how high his salary, cannot exceed 80% of the monthly minimum wage.
