Özet:

The Act About the Arrangement of Relations Among The Workers and Employers on the area of Press, numbered 5953, which encompasses the arrangements regarding the working relationship between journalists and employers, came into effect in 1952. Commonly referred to as the Press Labour Act, it outlines the regulations governing the interactions between journalists and employers. To be considered a journalist under the scope of Act No. 5953 on Press Labour Act, certain criteria must be met. In this context, it is required that the journalist is engaged in intellectual and artistic work. Another condition is that the journalist is performing this work for newspapers, periodicals, news agencies, or photo agencies published in Turkey. With the amendment introduced by Act No. 7418 on October 13, 2022, internet news sites have also been included within the scope of the Press Labour Act. Consequently, journalists working on internet news sites will fall under the application of Act No. 5953 if they meet the specified criteria. One additional criterion for being considered a journalist under the Press Labour Act is that the journalist must be working under an employment contract, without being classified as an employee under the Labour Act. The contract between the journalist and the employer is referred to as the "press labour contract." According to Article 28 of Act No. 5953, journalists employed in public institutions and organizations are explicitly stated to be outside the scope of this Act. One of the outcomes arising from the termination of a journalist's employment contract after a certain period in the profession is severance pay. The amount of severance pay is determined based on the journalist's length of service and salary, and it is paid by the employer. For a journalist to be eligible for severance pay, their contract must have terminated for one of the reasons specified in Act No. 5953 on Press Labour. Notably, the death of a journalist is not considered a reason triggering severance pay according to this act. Additionally, in the event of the journalist's death, death compensation is explicitly stated to be provided to the journalist's spouse, children, or, if none, the family members supported by the journalist, as per Article 18 of Act No. 5953 on Press Labour. Therefore, providing severance pay to the surviving dependents in the case of a journalist's death is not possible. Another requirement for qualifying for severance pay is that the journalist must have a minimum level of seniority in the profession. Prior to the Constitutional Court's annulment decision, Article 6/1 of Act No. 5953 on Press Labour stipulated that the journalist must have worked in the profession for at least five years. The calculation of this period takes into account the journalist's initial entry date into the profession. It is important to note that whether the journalist has spent this period in the same or different workplaces is not relevant; what matters is that the journalist has accrued this period as a journa-list under Act No. 5953 on Press Labour. Additionally, the second sentence of the 7th paragraph of the same article explicitly stated that the portion of the annual service less than six months would not be taken into account in calculating the seniority period. Therefore, no severance pay was made for this portion when the journalist's annual service, or surplus duration, was less than six months. Recently, the 21st Labour Court in Ankara referred the provisions related to the journalist's severance pay, found in Article 6/1 and Article 6/7 second sentence of Act No. 5953 on Press Labour, to the Constitutional Court on the grounds that they were contrary to the Constitution. After conducting an examination, the Constitutional Court decided to annul these provisions on the basis that they were in violation of the "equality before the act" provision in Article 10 and the "right to property" provision in Article 35 of the Constitution. As a result of this annulment decision, for a journalist to be entitled to severance pay, it is now sufficient for their contract to have terminated for one of the reasons specified in Act No. 5953 on Press Labour, and like other workers subject to labour acts, journalists need to fulfill a minimum one-year seniority requirement in the profession. This study first outlined the conditions required to be considered a journalist under Act No. 5953 on Press Labour. Subsequently, the conditions for a journalist to be entitled to severance pay were discussed. Finally, a summary of the Constitutional Court's annulment decision regarding the seniority requirement for a journalist to qualify for severance pay and an assessment of this decision were provided.

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