Diğer Hizmetlerimiz
Labor Law
LABOUR AND SOCIAL SECURITY LAW
Labor Law is the body of rules that regulates and examines the employment relationships among employees, employers, and the state. The most important factor in the employment relationships governed by Labor Law is that the relationship between the employee and the employer must be based on an employment contract (service agreement). The parties to this employment contract are the employee and the employer.
Definition and Elements of an Employment Contract
- Element of Work: In an employment contract, it is not important whether the employee performs the work mentally or physically. The work may require professional experience, but it may also not.
- Element of Remuneration: The employee must receive payment in exchange for the work performed.
- Element of Subordination: The employee is obliged to follow the orders and instructions of the employer and to work using the tools and materials provided by the employer.
Labor law can be divided into two categories: individual labor law and collective labor law. Individual labor law regulates the relationships between employees and employers, while collective labor law governs the relationships that arise from unions formed by employees or employers. In collective labor law, at least one of the parties must have established a union.
Definition and Elements of an Employment Contract
The national and international sources of labor law include, within our domestic law, the Labor Law No. 4857, Press Labor Law, Maritime Labor Law, the Trade Unions and Collective Bargaining Agreement Law, and the Public Servants’ Trade Unions and Collective Bargaining Agreement Law as primary sources. On the international level, the International Labour Organization (ILO), the Council of Europe, and the European Union have made significant contributions. In particular, the international conventions established by the ILO are among the important sources of labor law.
As of January 1, 2018, in Turkey, all labor-related disputes—including claims of employees and employers and requests for reinstatement—have been included within the scope of “mediation” as a prerequisite for filing a lawsuit. In other words, under the Labor Courts Law No. 7036, parties in certain cases are required to apply to a mediator before going to court. If the dispute cannot be resolved through mediation, the parties may then proceed to court. For all disputes, such as severance and notice pay, overtime, weekly rest, annual leave, holiday pay, compensation for bad faith, union-related compensation, and reinstatement claims, it is now mandatory to attempt mediation before initiating a lawsuit.
Services Provided in the Field of Labor Law
- Litigation related to seniority and notice compensation
- Lawsuits related to termination of employment contracts
- Follow-up of work accidents and compensation claims arising from work accidents
- Follow-up of reinstatement cases
- Follow-up of receivables
Labor Law Lawyer
Labor law attorneys represent both employers and employees in disputes and negotiations. They always consider the possibility of negotiation and alternative dispute resolution methods to resolve issues as economically and efficiently as possible.
A labor law attorney must regularly follow developments in the field of labor law. As of January 1, 2018, the “mediation as a prerequisite for litigation” system came into effect. A labor court attorney should represent their client effectively during mediation sessions before proceeding to litigation. They must act in the best interests of their client to ensure that the client receives the compensation they are entitled to.
Break periods are determined according to working hours:
For work lasting 4 hours or less: 15 minutes
For work lasting more than 4 hours up to 7.5 hours: 30 minutes
For work lasting more than 7.5 hours: 1-hour break
These break periods cannot be reduced but may be extended.
Annual paid leave cannot be divided by the employer. The period of annual paid leave must be granted continuously by the employer. It may be divided if the employee and employer agree; however, no portion can be less than 10 days.
If the parties agree to include a probationary period in the employment contract, its duration cannot exceed 2 months. During the probationary period, either party may terminate the employment contract without notice and without compensation.
For employees with less than 6 months of service: 2 weeks
For employees with 6 months to 1.5 years of service: 4 weeks
For employees with 1.5 to 3 years of service: 6 weeks
For employees with more than 3 years of service: 8 weeks
In general, the maximum weekly working hours are 45 hours. Unless otherwise agreed, this time is distributed equally across the working days of the week.
The maximum daily working hours are 11 hours. An employee cannot be required to work more than 11 hours in a day.
Office:
Kartaltepe mah. Bahçesaray Sk. No:13 D:7 Bakırköy/İSTANBUL
