Turkish Labor Law in Turkey

In short, Labor Law is a field that regulates the resolution of disputes between the employee and the employer. Disputes, on the other hand, are generally grouped under the titles of termination and receivables after termination. The Labor Law imposes certain obligations on both the employee and the employer within the scope of the employment contract.

Employee’s debts; Performing the job, obeying the employer’s orders and instructions can be summarized as a duty of loyalty to the employer.

Employer’s debts; It can be summarized as paying wages, observing the worker, equal treatment among workers, providing tools and materials to the worker to perform the job, paying back in case of a design or invention of the worker, and meeting expenses.

As a result of the employee or employer not fulfilling these obligations, termination of the employment contract and rights related to termination come to the fore. There are two important points in the termination of employment contracts: The first is who made the termination, (employee-employer) and the second is the reason for termination. The worker has certain personal rights in return for his work. Depending on whether the termination is made by the employee or the employer or whether the termination is based on a just cause, the worker is entitled to these compensations or not.

Labor receivables are generally as follows:

Severance Pay, Overtime Pay, Annual Leave Pay, Notice Pay, National Holiday and General Holiday Fees, Weekly Holiday Pay, Minimum Living Allowance, Bad Will Compensation, Discrimination Compensation, Unjust Termination Compensation, Idle Time Fee, Work Accidents Compensation , Equal Treatment Compensation, Trade Union Compensation.

Employees who want to get detailed information about their labor receivables can contact our office within the scope of our Labor Law Attorney services.

We provide services not only to workers but also to many employers within the scope of our Istanbul Labor Law Attorney and Labor Law Attorney service. While many companies are terminating their contracts with their workers, we consult and manage the process together. Labor law is a branch that requires meticulous work and expertise, and companies pay exorbitant compensations to workers if necessary defenses are not made. In order to prevent this, the termination process should be carried out by a specialist lawyer from start to finish. Thus, we provide services in overcoming the process without paying any compensation in case of just termination, and by paying a minimum amount of compensation in other cases.

Types of Labor Litigation

Although there are many types of lawsuits in Labor Law, the most common lawsuits are labor claims and reemployment lawsuits.

1. Reemployment Case

The Labor Law provides the possibility of reemployment through litigation if workers who meet certain conditions are dismissed by the Employer. Namely:

• Workers working with an indefinite-term employment contract subject to the Labor Law,
• In a workplace with more than 30 employees
• Working for at least 6 months,
• If the worker is not the employer’s representative and the employment contract is terminated by the employer without a just or valid reason.

The worker who meets all these conditions can apply to the mediator with a request for reemployment within 1 month from the date of termination. The application for mediation is a mandatory litigation requirement and it is absolutely necessary to apply to the mediator before filing a lawsuit. If there is no agreement as a result of mediation, a lawsuit can be filed in the labor court within two weeks from the date of the last report. At the end of the lawsuit, if the worker meets the above-mentioned conditions, he is reinstated. In addition, 4 months of idle wages and compensation in case of not being employed by the employer are determined. Within the scope of our Istanbul Labor Law Attorney and Labor Law Attorney service, we meticulously manage the mediation and litigation processes for both workers and employers on your behalf.

2. Labor Claims Case

The most important debt of the employer to the employee is the payment of wages. Payments such as premiums, bonuses, road-meal-fuel allowances are also in the form of an addendum to wages. For this reason, if one of these wages is not paid or paid incompletely, in most cases, the worker terminates the contract with just cause and is entitled to both these wages and severance pay. However, this right of the worker is often not paid at all or paid incompletely. In such cases, the employee must file a lawsuit in order to recover their receivables. Within the scope of our Istanbul Labor Law Attorney and Labor Law Attorney service, both workers and employers can contact us for detailed information.