Labor Law

In our work in this field, the provisions of the Labor Law No. 4857 above all, as well as the Turkish Code of Obligations, the Social Insurance and Universal Health Insurance Law, the Occupational Health and Safety Law, and the relevant legislation are taken into account. A legal assessment is carried out in accordance with the particular working order, contractual structure, workplace practice, and the specific features of each employment relationship.

Within the scope of labor law, the preparation of employment contracts and the review of existing contracts are among our services. In different types of contracts, such as fixed-term, indefinite-term, part-time, on-call work, remote work, and probationary employment contracts, it is of importance that the rights and obligations of the parties be regulated in a clear, applicable manner that complies with the legislation.

For employers, we provide legal support on matters such as workplace internal regulations, disciplinary processes, human resources policies, wage and fringe benefit arrangements, annual leave practices, overtime approvals, occupational health and safety obligations, and bringing personnel files into compliance with the legislation.

In the processes of terminating an employment contract, the correct determination of the ground for termination, the preparation of the termination notice in accordance with procedure, the assessment of cases in which a defense statement must be obtained, and the determination of whether the job security provisions will apply are of great importance. In these processes, the legal situation is evaluated on the basis of concrete documents so that neither the employee nor the employer party suffers a loss of rights.

The calculation of severance pay, notice pay, overtime wages, annual leave wages, weekly rest day wages, national holiday and public holiday wages, wage receivables, and other employee receivables, as well as the litigation and enforcement proceedings relating to these receivables, are also within our field of practice.

Among the most frequently encountered disputes in labor law are the termination of the employment contract, reinstatement claims, whether a valid or just cause exists, severance and notice pay receivables, and overtime and other wage receivables.

In reinstatement actions, whether the employee falls within the scope of job security, whether the termination notice was made in writing, whether the ground for termination was indicated in a clear and definite manner, and whether the employer was able to prove the reason for termination are of importance.

In disputes concerning employee receivables, the working period, the actual wage, whether overtime was performed, whether work was carried out on weekly rest days and public holidays, whether annual leave was granted, and the nature of the payment documents play a determining role. Payroll records, bank records, timesheets, witness statements, workplace correspondence, and the personnel file are important in this assessment.

In disputes arising from occupational accidents and occupational diseases, the manner in which the incident occurred, the state of fault, whether the employer took occupational health and safety measures, the disability rate, and the calculation of damages are evaluated together. In such files, claims for both pecuniary and non-pecuniary compensation may arise.

The labor law process begins, first of all, with the examination of the documents relating to the employment relationship. The legal situation is determined by evaluating the employment contract, payroll records, bank payment records, Social Security Institution records, the personnel file, the termination notice, formal warnings, leave records, timesheet documents, and the correspondence between the parties.

Depending on the nature of the dispute, the rights that may be claimed, the state of proof, the limitation periods, and the legal risks that may be encountered in the event that an action is filed are conveyed to the client. The course to be followed for both the employee and the employer party is determined according to the documentary state of the file and the features of the specific case.

In employee receivables, reinstatement, and similar labor disputes, recourse to the mandatory mediation process is required before an action is filed. During the mediation stage, the possibilities of settlement between the parties are evaluated; in the event that an agreement is reached, the process is concluded by means of a minute.

In the event that no resolution is achieved in mediation, an action is filed before the labor court. During the proceedings, petitions, evidence, witness statements, expert witness reports, and hearings are followed. The necessary objections are raised against the expert witness calculation reports, and the client is regularly informed about every stage of the process.

In each file, the aim is to correctly evaluate the rights and obligations arising from the employment relationship according to the features of the specific case, to conduct the process in compliance with the legislation, and to prevent the client from suffering a loss of rights.