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Miraç Özdemir
Employment Compensation & Termination

Reinstatement Idle-Period Wage Estimate

Calculate the idle-period pay (up to four months) awarded in a reinstatement case for the time not employed until the judgment is final, with offsets.

Version 3

Things to keep in mind:

  • If "other rights" (meals, travel, bonuses) are not included in pay, the result is understated; add regular benefits to the monthly pay.
  • Idle-period pay covers the time not employed until the judgment is final; the court may award up to four months, not automatically four.
  • Interest, tax/stamp deductions and social security reporting are not included.
  • The employee must apply for reinstatement on time; this is not checked.

Calculator

Idle Period

TRY

Monthly gross pay used by the court (TRY). Under Labour Act art. 21/4 the wage at the date of the claim is used; regular benefits (the "dressed" wage) are included where applicable.

Months awarded for the time not employed until the judgment becomes final. The Act provides up to four months of accrued pay and other rights; enter between 0.01 and 4.

TRY

If the employee is reinstated, notice pay and severance already paid are offset against this payment (art. 21/5). Enter the total to offset; 0 if none.

After the first calculation, the result updates automatically when you change a value.

Result

Enter the values and press Calculate to see the result here.

About this tool

Under art. 21/3 of the Labour Act (No. 4857), if a dismissal is found invalid, the employee is paid the pay and other rights accrued for up to four months of not being employed until the judgment becomes final. The court sets this amount using the wage at the date of the claim (art. 21/4).

Formulas

  • Idle-period pay = Monthly pay × Idle months (0 < months ≤ 4)
  • Statutory maximum = Monthly pay × 4
  • Payable = Idle-period pay − Payments to offset (not below zero)

Example: monthly pay TRY 50,000, four months awarded, and TRY 75,000 of notice and severance already paid is offset because the employee is reinstated: idle-period pay TRY 200,000; TRY 125,000 is payable after the offset.

If the employer does not reinstate, a separate 4 to 8 month failure-to-reinstate compensation arises (see that tool). Periods and amounts are set by the court; the tool is a calculation aid.

Example 2: With monthly pay of TRY 40,000, 1.5 months awarded and TRY 90,000 to offset, idle-period pay is TRY 60,000.00. Because the offset exceeds this amount, the payable amount cannot be negative and is shown as TRY 0.00; the statutory maximum is TRY 160,000.00.

How to read the result: "Idle-period pay" is the monthly pay multiplied by the months you entered. "Statutory maximum" shows the upper limit for four months at the same pay; the amount awarded cannot exceed it. "Payable after offset" is idle-period pay minus the payments to offset, and never falls below zero. Amounts are gross; interest, tax and social security deductions are not included. The court decides how many months to award and how the offset applies, so the result is not a prediction of a judgment.

How to use

  1. Enter the monthly gross pay at the date of the claim.
  2. Enter the idle period in months (max 4).
  3. Enter advance payments to offset if reinstated (0 if none).
  4. Press Calculate.

Notes

Amounts are rounded HALF_UP to two decimals. Gross amounts are calculated; tax and social security deductions are excluded. The amount after offset never falls below zero.

Sources

References

  1. [1]
    Labour Law No. 4857 (Turkey), Article 21Official Gazette / mevzuat.gov.tr

Frequently asked questions

4 questions

  1. Up to four months of accrued pay and other rights under art. 21/3 of Act No. 4857.

Next step

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