What is a New Job Search Permit?
What is a New Job Search Permit? In indefinite-term employment contracts, the employer and employee have an obligation to notify the other party of this situation before the termination of the contract. It is important that the status of the worker at the current place of employment continues until the notice period ends. The purpose of the notice periods is to find a new job for the worker and for the employer to find a new worker during this period and to overcome the losses that may occur with the least damage.
The purpose of the new job search permit, on the other hand, is to protect the current position of the worker and to facilitate finding a new job while the employment contract is ending.
How to Apply for New Job Search Permit?
If the worker or employer has used the notice period to terminate the employment contract, the worker also has a new job search permit during this period. In other words, the employer must give this permission to the employee. The employer must give the worker the necessary permission to find a new job, within working hours and without deductions from his wage. If the employer does not give permission to search for a new job or if it is used incompletely, he is obliged to pay the fee for that period.
This right of the worker cannot be restricted or removed by any contract. Even if the worker does not request a job, the employer is obliged to give this leave.
If the worker finds a new job within the current notice period. It will no longer be possible to talk about a new job search permit. The Court of Cassation rejected the wage demands of the worker who found a new job within the notice period and decided in this way.
NEW JOB SEEK PERMISSION PERIOD
The new job search permit cannot be less than two hours per day. If the worker wishes, he can combine these leaves and use them collectively. This should be reported to the employer.
It is appropriate for the employer to determine between which hours of the day the new job search permit will be used. However, the employer sometimes gives this permission to the detriment of the employee, during the hours when it is impossible to find a job. In this case, the employee has the right to terminate the employment contract with just cause. For example; permits a night-time worker to seek a new job at night. This constitutes a violation of the ordinary course of life and the worker has the right to terminate.
FEES IF NEW JOB SEARCH PERMIT IS NOT USED
During the job search, the wage for the leave period is paid to the worker without any deduction. Sometimes the employer employs the worker during the new job search permit period. In this case, he should pay the wages of the time he worked with a hundred percent increase.
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