LABOR LAW IN TURKEY
Reinstatement case refers to a legal action initiated by an employee to seek reinstatement to their previous position or job after being unlawfully terminated by their employer.
The key objectives and meanings of the Turkish Labor Law include worker protection, defining the legal relationship between employers and employees, emphasizing occupational health and safety, establishing a legal framework for social security coverage, providing mechanisms for resolving labor disputes, and recognizing the right of workers to form and join trade unions.
Worker Protection: The law aims to safeguard the rights and interests of employees by establishing minimum standards for working conditions, wages, and benefits. It provides measures to prevent exploitation, discrimination, and unfair treatment in the workplace.
Employment Relationship: The law defines the legal relationship between employers and employees, establishing the rights and responsibilities of both parties. It sets out the requirements for employment contracts, terms of employment, working hours, and wages, ensuring clarity and fairness in the employment relationship.
Occupational Health and Safety: The law places significant emphasis on ensuring a safe and healthy working environment for employees. It requires employers to comply with occupational health and safety regulations, conduct risk assessments, provide necessary safety measures, and promote accident prevention and employee well-being.
Social Security: The law establishes the legal framework for social security coverage of workers. It mandates employers to contribute to social security funds on behalf of their employees, providing access to healthcare, retirement pensions, unemployment benefits, and other social security services.
Dispute Resolution: The labor law provides mechanisms for resolving labor disputes and conflicts between employers and employees. It sets out procedures for negotiation, mediation, and arbitration, aiming to foster constructive dialogue and peaceful resolution of conflicts.
Collective Bargaining and Trade Unions: The law recognizes the right of workers to form and join trade unions, engage in collective bargaining, and collectively protect their rights and interests. It provides a legal framework for union activities, including the negotiation and enforcement of collective bargaining agreements.
WHAT ARE THE CASES THAT AN EMPLOYMENT LAWYER HANDLES?
Some common cases that employment lawyers handle include wrongful termination, discrimination and harassment, wage and hour disputes, employment contracts, workplace safety and health, retaliation claims, collective bargaining and union matters, and employment policy and compliance.
Employment lawyers assist clients who believe they have been unlawfully terminated from their jobs. They evaluate the circumstances of the termination, assess if it violates employment contracts or labor laws, and represent their clients in legal proceedings if necessary.
Discrimination and Harassment
Employment lawyers handle cases involving workplace discrimination or harassment based on protected characteristics such as race, gender, age, disability, religion, or sexual orientation. They help victims gather evidence, file complaints with relevant authorities, and pursue legal action to seek remedies and compensation.
Wage and Hour Disputes
Employment lawyers handle cases related to wage and hour violations, such as unpaid wages, unpaid overtime, minimum wage violations, or incorrect classification of employees as independent contractors. They help employees recover their rightful compensation and ensure employers comply with applicable labor laws.
Lawyers assist in negotiating, reviewing, and drafting employment contracts to ensure they protect the rights and interests of their clients. They advise on contract terms, including compensation, benefits, non-compete clauses, and dispute resolution mechanisms.
Workplace Safety and Health
Employment lawyers advise clients on compliance with workplace safety and health regulations, help investigate workplace accidents, and represent clients in matters related to occupational health and safety violations.
Lawyers handle cases where employees face retaliation for asserting their rights or reporting illegal activities in the workplace. They assist clients in understanding their legal protections and pursuing legal action to address retaliatory actions.
Collective Bargaining and Union Matters
Employment lawyers advise employers or labor unions on matters related to collective bargaining agreements, union representation, labor negotiations, strikes, and other collective action.
Employment Policy and Compliance
Lawyers help employers develop and review employment policies and procedures to ensure compliance with labor laws and regulations. They provide guidance on best practices, employee handbooks, disciplinary actions, and workplace investigations.
WHAT ARE THE MAIN CASES WE FOLLOW ON LABOR LAW?
- Reinstatement Case
- Severance Pay Claim
- Notice Compensation Claim
- Overtime Claim
- Service Determination Case
- Work Accidents
- Bad Faith Compensation Case
- Employer-Employee Disputes
- Collective Labor Agreements
In Turkish law, the term “Reinstatement Case” translates to “İşe İade Davası.” It refers to a legal action that an employee can initiate in order to seek reinstatement to their previous position or job after being unlawfully terminated by their employer.
The Reinstatement Case typically arises when an employee believes that their termination was wrongful, in violation of their employment rights or protections under labor laws. By filing a Reinstatement Case, the employee requests the court to order their employer to reinstate them to their former position, along with any associated benefits and rights.
The Reinstatement Case is a legal remedy available to employees who believe they have been unjustly terminated. It provides an opportunity for employees to challenge their dismissal and seek reinstatement if the court determines that the termination was unlawful or improper. However, it’s important to note that reinstatement is not automatically granted, and the court considers various factors, such as the circumstances of the termination, the employee’s performance, and the availability of the position, in making its decision.
SEVERANCE PAY CLAIM
In Turkish law, the term “Severance Pay Claim” translates to “Kıdem Tazminatı Talebi.” Severance pay claim is a legal claim made by an employee to seek compensation upon the termination of their employment.
Severance pay is a form of financial compensation provided to employees upon the termination of their employment relationship under certain circumstances, as stipulated by Turkish labor laws, particularly the Labor Law No. 4857. It is intended to provide employees with financial support during the transitional period after their employment ends.
Employees who meet the eligibility criteria, such as completing a minimum period of continuous employment (known as the “kıdem süresi”), may be entitled to receive severance pay. The specific requirements and calculation methods for severance pay are outlined in the labor laws and regulations.
When an employee’s employment is terminated, either by resignation or by the employer, and they are eligible for severance pay, they can file a Severance Pay Claim to request the payment of their rightful severance benefits. This claim typically involves submitting a written request to the employer, specifying the amount of severance pay owed and providing supporting documentation.
If the employer disputes the claim or fails to make the necessary payment, the employee may escalate the matter by filing a lawsuit or initiating dispute resolution procedures to pursue their Severance Pay Claim through legal channels. The court or relevant labor authorities will then assess the claim and determine the amount of severance pay owed based on the applicable laws and regulations.
NOTICE COMPENSATION CLAIM
In the Turkish legal system, the term “Notice Compensation Claim” translates to “İhbar Tazminatı Talebi.” It refers to a claim that an employee can make to seek compensation for damages resulting from the employer’s failure to provide proper notice of termination.
According to Turkish labor laws, particularly the Labor Law No. 4857, employers are generally required to provide advance notice to employees when terminating their employment contracts. The notice period varies depending on the length of the employee’s service and is intended to provide employees with sufficient time to seek alternative employment or make necessary arrangements.
If an employer fails to provide the required notice period or provides insufficient notice, the affected employee may be entitled to claim compensation for the damages incurred as a result of the inadequate notice. This compensation is known as “Notice Compensation” or “İhbar Tazminatı.”
Notice compensation claim is a claim made by an employee to seek compensation for damages resulting from the employer’s failure to provide proper notice of termination. The claim typically involves submitting a written request to the employer, specifying the amount of compensation sought and providing supporting documentation to demonstrate the inadequate notice.
If the employer disputes the claim or fails to provide the requested compensation, the employee can escalate the matter by filing a lawsuit or initiating dispute resolution procedures to pursue their Notice Compensation Claim through legal channels. The court or relevant labor authorities will then assess the claim and determine the appropriate amount of compensation based on the circumstances and applicable laws.
In the Turkish legal system, the term “Overtime Claim” translates to “Fazla Mesai Alacağı Talebi.” Overtime claim is a claim made by an employee to seek payment for the additional hours worked beyond the regular working hours.
Overtime refers to the hours worked by an employee that exceed the standard working hours as defined by Turkish labor laws, typically set at 45 hours per week. Overtime work may be compensated at a higher rate than regular work hours, as specified by the labor laws and collective bargaining agreements.
An Overtime Claim arises when an employee believes they have worked overtime hours for which they have not received proper compensation. The claim may involve situations where the employer fails to pay the additional wages for overtime work or does not comply with the applicable laws and regulations regarding overtime compensation.
To initiate an Overtime Claim, the employee typically submits a written request to the employer, specifying the number of overtime hours worked and the corresponding additional compensation owed. It is advisable to provide supporting documentation, such as time records or work schedules, to substantiate the claim.
If the employer disputes the claim or fails to provide the requested overtime compensation, the employee may escalate the matter by filing a lawsuit or initiating dispute resolution procedures. The court or relevant labor authorities will then assess the claim, examine the evidence, and determine the appropriate amount of overtime compensation based on the applicable laws and regulations.
SERVICE DETERMINATION CASE
In Turkey, the term “Service Determination Case” translates to “Hizmet Tespit Davası.” It refers to a legal action that individuals can initiate to establish their employment relationship and determine the duration of their service with a particular employer.
A Service Determination Case typically arises when an individual believes they have been employed by an entity but the employer disputes or denies the existence of an employment relationship or contests the duration of service. This can occur when there is a dispute over the nature of the employment, the terms of the contract, or the classification of the individual as an employee.
By filing a Service Determination Case, the individual seeks a court ruling or official determination to establish their employment relationship and clarify the duration of their service with the employer. This determination is crucial for determining various employment-related rights and entitlements, such as severance pay, notice periods, and other benefits based on the length of service.
During the Service Determination Case, both the individual and the employer present their arguments and provide evidence to support their claims. The court examines the evidence, including employment contracts, work records, payment receipts, and other relevant documents, to determine the existence and duration of the employment relationship.
If the court rules in favor of the individual, it confirms the existence of the employment relationship and determines the duration of service based on the evidence presented. This decision establishes the individual’s rights and entitlements associated with their employment, including any applicable benefits or compensation.
If you have any labor dispute about your claims we advice to get a professinal help.
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