Generally, the period for filing a financial claim (other than in real estate) is seven years from the date the cause of action arose.
However, it is important to note that for some employee entitlements, there are shorter limitation periods, and it is essential to be aware of these periods to avoid missing the opportunity to file a claim.
Claim Types and Limitation Periods:
Wages, Severance Pay, Sick Pay, Travel Expenses, Pension Fund Contributions, and Sexual Harassment: Claims can be filed within seven years from the date the cause of action arose, i.e., the day the employee is entitled to receive the payment.
Delayed Wage/Severance Pay Compensation: Claims must be filed within 60 days from the day the employee did not receive their wages or severance pay. The court may extend this period by 30 days, for a total of 90 days. However, if an employer delays wages three times within 12 consecutive months, the employee can file a claim for delayed compensation within three years instead of 60 days.
Non-Payment of Wages/Severance Pay: If wages or severance pay were not paid at all, a claim for delayed compensation can be filed within one year from the day the employee did not receive their wages.
Annual Leave: Claims must be filed within three years from the end of the employment relationship.
Recuperation Pay: While the employee-employer relationship exists, the regular seven-year limitation period applies. However, after the relationship ends, claims can only be filed for up to two years before the termination of the employment relationship.
Equal Opportunities Law Violations: Claims must be filed within three years from the date the cause of action arose.
Equal Pay for Equal Work: Claims must be filed within five years from the date the cause of action arose.
It should be emphasized that claims for rights granted to employees beyond those stipulated by law, such as additional rights provided by personal agreements, collective agreements, and extension orders, can be filed within seven years from the date the cause of action arose.
Exceptional Cases for Extending the Limitation Period:
Suspension Due to Misconduct: The limitation period is suspended if the defendant’s misconduct, such as fraud or deceit, prevents the plaintiff from filing a claim. The period resumes once the plaintiff becomes aware of the cause of action.
Unknown Cause of Action: If the plaintiff was unaware of the facts constituting the cause of action for reasons beyond their control, the limitation period begins when the plaintiff discovers these facts. In cases of “unknown limitation,” the period is suspended if the employee was unaware of the facts due to circumstances beyond their control and could not have discovered them with reasonable diligence.
Our firm specializes in handling bodily injuries and occupational diseases, including silicosis, a disease caused by exposure to harmful dust in the processing of stone surfaces.
