Bierbaum-Proenen GmbH & Co. KG, Complaint 227

Legally binding employment relationship

The complaint is about unfair dismissal. On 26 August, five people from the administrative staff including the general manager and human resources manager called the complainant to say that she is dismissed because of talking against the factory on-site and outside about unpaid overtime premiums and annual leaves. They also mentioned that, she told her problems about annual leaves to FWF audit team and this was also one of the reasons for dismissal. She strictly mentioned that, they are lying and she asked them for a proof. They couldn’t. It has been checked with the audit team if they have mentioned the complainant’s name in the meeting but they didn’t.

The complainant has had a dispute with the management about her annual leaves.

She began to work in the factory on 26 May, 2015. After one year from employment, she had to resign because of her father’s death. According to Turkish laws, employee shall be allowed to take three days leave of absence with pay in the event of the death of first degree relative. On the third day of her leave, the factory management called her to say, she can resign and stay there for a while, and when she return she can turn back to the factory. The complainant doesn’t know the laws and she accepted their suggestion and she thought that they are doing a favour. However, the resign petition also means that she gave up all her compensation. When she turned back to the factory, she called the factory to be reinstated, however it took some time. Finally she could start working again in the factory at the end of July.

In accordance with Turkish Labour Law, No:4857, Article:54, in the computation of the length of service required to qualify for annual leave with pay, the total period during which the employee has been employed in one or more establishments belonging to the same employer shall be taken into consideration. And according to Article 53 of the same law, the length of the employee’s annual leave with pay shall not be less than fourteen days if his length of service is between one and five years. So,according to the laws, she has the right to use 14 days paid annual leave.

According to her statements, they said that, she cannot benefit from annual leave. And when she insisted on this, she is dismissed. Unfortunately, she cannot benefit from compensation according to the laws. Also she cannot take the case to the court as reemployment lawsuit, because the related article says that, “The employer, who terminates the contract of an employee engaged for an indefinite period, who is employed in an establishment with thirty or more workers and who meets a minimum seniority of six months, must depend on a valid reason for such termination connected with the capacity or conduct of the employee or based on the operational requirements of the establishment or service.”

The complainant doesn’t want to be reinstated; she doesn’t want to work in this factory anymore. She wants the management to prove their claims concerning her dismissal.

Findings and conclusions

After assessing information and diverse contacts it could be concluded that the complainant’s dismissal is not based on a just cause. However, the factory reported that they could have acted nobler and they decided to pay her out completely, this includes her annual leave too. The complainant confirmed that after, the complaint, she was paid for annual leave and for unpaid wages, although the complainant did not have any demand for these payments.
The complaint handler called with the complainant to evaluate the complaint. The complainant confirmed she received the payments. The complainant did not have any demand for payments. She neither had a demand to be reinstated. Based on the information the complaint handler thinks that the deficiency in this case is caused by lack of proper communication by the Human Resources department, rather than bad faith on the part of factory management. The factory management acknowledged that they need a more experienced HR, who knows how to act in any situation. This complaint can be closed.

Overview of the complaint investigation

2016-12-08 Resolved

The complaint case is resolved.