Labor Law

The relationship established between employee and employer in working life; It creates legal consequences that are much more comprehensive than paying wages and performing the work. All processes must be carried out in accordance with the legislation, from the preparation of the employment contract to the determination of working conditions, from labor receivables to the termination of the contract.

Legal support not received on time in the field of labor law; It may result in loss of rights for workers and compensation, administrative sanctions and long-lasting litigation processes for employers. For this reason, every dispute should be handled by evaluating the working style, employment contract, payroll records, termination notice and other evidence together. Work Permit and Labor Law Process for Foreign Workers in Türkiye content explains other legal points related to this stage.

What is Labor Law?

Labor law; It is the branch of law that regulates individual and collective labor relations between employees and employers. Establishing an employment contract, payment of wages, working hours, overtime, leave rights, occupational health and safety, termination of employment contract and labor receivables are among the main subjects of this field.

In labor law disputes, not only the Labor Law; Turkish Code of Obligations, Labor Courts Law, Social Insurance and General Health Insurance Law, Occupational Health and Safety Law and relevant regulations may also be taken into consideration. The applicable legislation is determined according to the nature of the work performed by the worker and the characteristics of the legal relationship between the parties.

Preparation and Review of Employment Contracts

An employment contract is a contract in which the employee undertakes to work dependent on the employer and the employer undertakes to pay wages in return for the work performed. The job description, wage, workplace, working hours, fringe benefits, trial period, overtime, confidentiality and termination conditions should be clearly regulated in the contract.

There are different types of contracts such as indefinite-term, fixed-term, full-time, part-time, remote work and on-call work. Incorrect determination of the contract type or its unrealistic application may lead to labor receivables and compensation disputes in the future.

What are Labor Receivables?

Labor receivables may come into question if the worker's wages or other rights related to his work are underpaid. Employment contract, wage slips, bank records, score sheets, workplace correspondence and witness statements are important in determining the receivables that can be claimed.

The most common labor claims within the scope of labor law are:

• Unpaid salaries and wages receivables,
• Overtime and working hours wages,
• Week holiday fees,
• National and general holiday fees,
• Unused annual leave fees,
• Premiums, bonuses and contractual side rights,
• Severance and notice pay if the conditions are met.

The conditions and calculation method of each receivable item are different. For this reason, general calculations based only on working hours and final salary may not give accurate results. The worker's real wage, regular benefits and working order should also be examined.

Severance and Notice Pay

Severance pay comes into question when the employment contract is terminated for one of the reasons accepted by law and other conditions are met. The fact that the employee has left the job or been dismissed by the employer does not alone indicate that the employee is entitled to severance pay. The reason for termination and the duration of employment should be evaluated together.

Notice compensation can be requested in case of termination of an indefinite-term employment contract without complying with the notice periods. However, in some cases, such as immediate termination for just cause, notice compensation may not arise. The content of the termination notice and the behavior of the parties before termination are therefore important.

Reinstatement Process

An employee whose employment contract is terminated without a valid or justified reason may request reinstatement if the conditions required by law are met. During the reinstatement process, the date on which the termination notice reaches the employee is important and applications must be made within the legal periods.

A mediator should be consulted before filing a direct lawsuit requesting reinstatement. If an agreement cannot be reached during the mediation meetings, an application can be made to the labor court within the time limit along with the final report. Missing the deadlines may result in loss of the right to reinstatement.

Overtime Credit

If the worker is employed beyond the legal working hours, overtime pay may come into question. In determining overtime, not only the provisions in the employment contract but also the actual working order of the worker are taken as basis.

Card pass records, electronic correspondence, duty schedules, workplace entry and exit records, vehicle tracking systems, camera records and witness statements can be used to prove overtime. Signed payrolls and bank payments should also be examined separately according to the characteristics of the concrete case.

Annual Leave, Weekend and Public Holiday Rights

An employee who completes the working period specified in the law has the right to paid annual leave. The right to annual leave cannot be waived while the employment relationship continues. In case of termination of the employment contract, the wages of the unused leave periods must be paid to the employee in accordance with the conditions.

Work done on weekends, national holidays and public holidays are also evaluated. It should be examined whether the worker works on these days, whether he is paid for his work, and whether the payrolls reflect the real situation.

Unfair Termination and Termination with Just Cause

The employment contract can be terminated by both the employee and the employer. However, the legal consequences of termination are; It varies depending on the party making the termination, the reason notified, the severity of the events and the termination procedure. Not every behavior gives the opportunity for immediate termination for just cause.

The employer must clearly and concretely state the reason for termination, obtain the employee's defense when necessary, and carry out the termination procedure in accordance with the procedure. In terminations made by the employee, situations such as non-application of working conditions, non-payment of wages or the employment relationship becoming unsustainable are evaluated.

Mobbing and Discrimination in the Workplace

Systematic exclusion, humiliation, malicious changing of the job description, constant pressure or attempts to intimidate the worker may be subject to mobbing allegations. However, not every workplace discussion, management decision or one-off negative behavior may be legally considered mobbing.

The employer is obliged not to make unlawful discrimination between employees and to protect the personal rights of the employee. Correspondence, witnesses, health records, internal notifications and other evidence showing the continuity of the events are important in mobbing and discrimination claims.

Work Accident and Occupational Disease

When a work accident or occupational disease occurs, the way the incident occurred, the measures taken by the employer, the worker's job description, the fault status and the damage incurred are evaluated together. Depending on the circumstances of the concrete incident, claims for material and moral compensation and rights arising from social security law may come to the fore. In connection with this topic Work Accident Rights of Foreign Nationals in Türkiye You can also review the content titled .

Compensation cases arising from work accidents and occupational diseases may be subject to different procedures than the compulsory mediation system applied for labor receivables. For this reason, it is important to preserve the evidence immediately after the incident and make the necessary notifications within the required time.

Labor Law Consultancy for Employers

For employers, labor law consultancy is not just about the legal support received after a lawsuit is filed. Preparing employment documents, arranging employment contracts, establishing personnel procedures and carrying out termination procedures in accordance with the legislation can prevent many disputes before they start.

The main legal services offered to employers include preparing employment contracts, managing warning and defense processes, examining disciplinary practices, creating a termination file, conducting mediation meetings and following up employment cases.

Compulsory Mediation in Labor Law

In many cases that will be filed demanding employee or employer receivables, compensation and reinstatement, it is necessary to first apply to a mediator. During the mediation process, the parties; can discuss the receivable amount, payment plan, return to work and other issues related to the termination of the employment relationship.

The parties are not obliged to agree. If an agreement cannot be reached, a final report can be prepared and the dispute can be referred to the labor court. During mediation negotiations, the scope and legal consequences of the agreement to be signed should be carefully evaluated. About the relevant aspect of the process Labor Court Processes for Foreign Employees in Türkiye There is detailed information on the page.

The Importance of Evidence in Business Cases

In labor law disputes, documents supporting the parties' claims can directly affect the outcome of the case. Employment contracts, payrolls, bank transactions, employment entry and exit records, messages, e-mails, warning letters, health reports and workplace records must be protected.

Witness statements are also important in business cases, but it may not be possible to prove every dispute with witnesses alone. The evidence must be obtained in accordance with the law and must be directly related to the period in dispute.

On Which Issues Does a Labor Law Lawyer Provide Support?

A labor law lawyer helps establish the path to be followed by determining the legal nature of the dispute between the employee and the employer. Receivable calculations, preparation of a notice, mediation application, reinstatement process, litigation and enforcement procedures can be carried out within this scope. Also Legal Disputes Between Foreign Employers and Employees in Türkiye The issues explained in should be evaluated together with the concrete incident.

For employers, we can provide services such as preparation of contracts and internal company procedures, assessment of termination risks, management of employee disputes and representation in labor courts. Each file should be evaluated within its own conditions and a process should be planned in accordance with the legal interests of the employee or employer.

Frequently Asked Questions

What should a laid off worker do first?

Termination notice, termination code, pay slips, bank records and workplace correspondence must be provided. Since the periods to be applied in requests for reinstatement or labor receivables may differ, a legal evaluation should be made without delay.

Can an employee without an employment contract claim rights?

The absence of a written contract does not necessarily mean that there is no business relationship. Actual work; It can be revealed through bank payments, SSI records, correspondence, witnesses and other evidence.

Can a lawsuit be filed directly for labor receivables?

For employee and employer receivables, compensation and reinstatement claims, compulsory mediation is generally required first. A lawsuit filed before the mediation phase is completed may be rejected due to lack of a lawsuit requirement.

Can a resigned employee receive severance pay?

The voluntary resignation of the employee does not eliminate severance pay in all cases. An evaluation should be made by examining the reason for leaving, working conditions and special circumstances accepted by law.

How is overtime proven?

Workplace entry and exit records, shift schedules, electronic correspondence, assignment documents, bank records and witness statements can be used. The quality of the evidence varies depending on the working order of each file.

Important Information: The explanations on this page are for general information purposes. In labor law disputes, rights, obligations, application periods and claims that can be claimed may vary depending on the characteristics of the concrete case.