Employer will pay compensation for 'unpaid leave' during pandemic

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Six workers put on unpaid leave during the Covid-19 pandemic in the Sinbo factory in Haramidere, İstanbul, producing small home appliances won their case in appeals court. The workers were put on unpaid leave by the employer after they joined a trade union. The court ruled that the employer will pay the workers compensation for violating the freedom of unionize.

The employer has put six workers on unpaid leave on September 11, 2020 in its factory in Haramidere, İstanbul, after they joined the All Automotive and Metal Worker's Union (TOMİS).

The workers were once again put on unpaid leave on return to work and they started a sit-down strike in front of the factory.

The workers started to work on December 21. However Dilbent Türker could not go back to work. She was laid off making use of Code-29 although lay-offs were banned during the pandemic.

Code-29 was regulating dismissals when the worker was the blameful party.

Dilbent Türker and TOMİS union went to court. They requested compensation for violation of the right to unionize in an amount not less than an annual salary. They explained that while 600 workers were employed at Sinbo factory, all workers except Türker continued to work and that she was facing discrimination because she was a union member.

"Not dismissal but unpaid leave"

The employer argued at the court that there was no discrimination, that Türker was not dismissed but put on unpaid leave, and requested the court not to accept the case.

Bakırköy 27th Labor Court has accepted the case however and ruled that imposed unpaid leave was a move to prevent trade union activities and that the employer should pay the related compensation. Sinbo employer appealed the decision.

"Factory operated with full capacity"

The appeals hearing was held in the İstanbul Regional Court of Justice 26th Civil Chamber. The Court consulted the examination the Inspection Board of the Ministry of Family, Labor and Social Services made in the factory and ruled that there was no reason at the factory to put the workers on unpaid leave, and that new workers were employed at the factory after the workers were put on unpaid leave.

The witnesses confirmed this and noted that the factory worked at full capacity in the period when workers were put on unpaid leave and had even increased capacity and employed new workers.

The appeals court upheld the decision of the labor court which made the legal gain of the workers definite.

TOMIS issued a statement where they said, "We had proven in practice that unpaid leave was an assault on trade union activities but now it is also proven legally. This shows us once more that the assaults on the working class can only be repelled by actual struggle waged on grounds of legitimacy. This is a gain for the whole working class." (HA/PE)