Labor Law
We provide legal consultancy and case follow-up services for both employees and employers in all disputes arising from employment relationships.
Service Details
Labor law is a dynamic branch of law that regulates working relationships, wages, termination processes and working conditions between employees and employers, covering both individual and collective rights. A labor law attorney serves not only as an "employee attorney" but also as a legal representative for employers, providing legal consultancy and case follow-up services to prevent loss of rights.
1. What Does a Labor Law Attorney Do?
A labor law attorney protects the interests of the person they represent, whether employee or employer, depending on the nature of the dispute.
Services for Employees
- Compensation Claims: Severance pay, notice pay, bad faith compensation and reinstatement compensation follow-up.
- Wage Claims: Unpaid salaries, overtime wages, annual leave wages, weekend pay, national holiday wages and bonus receivables.
- Litigation Services: Reinstatement cases, service determination cases (uninsured work), work accident compensation cases and mobbing cases.
Services for Employers
- Preventive Legal Service: Preparing employee personnel files in compliance with regulations, drafting employment contracts and managing termination processes legally.
- Case Follow-up: Defense against unfair compensation lawsuits filed against the company and management of internal disciplinary processes.
2. Most Common Labor Cases and Claim Items
Disputes in labor law usually arise when the employment contract ends. Here are the most basic case types:
A. Severance Pay Case
Compensation paid when the employment contract is terminated by the employer without just cause or by the employee with just cause, provided that the employee has worked at the same workplace for at least 1 year.
- Calculation: Calculated at 1 month's salary for each year based on the last gross salary including benefits.
- Statute of Limitations: 5 years from the end of the employment contract.
B. Notice Pay Case
Compensation required under Labor Law Article 17 for dismissals made without complying with notice periods in indefinite employment contracts.
Notice Periods:
- Less than 6 months: 2 weeks
- 6 months - 1.5 years: 4 weeks
- 1.5 - 3 years: 6 weeks
- More than 3 years: 8 weeks
C. Reinstatement Case
A case filed by an employee covered by job security (at workplaces with 30+ employees, with at least 6 months seniority) when dismissed without showing a valid reason.
- Deadline: Mediation must be applied within 1 month from termination notice.
- Result: If the case is won, "reinstatement compensation" and "idle time wages" are paid to the employee.
D. Overtime Case
Work exceeding 45 hours per week is considered overtime and must be paid at 50% premium per hour. For unpaid overtime, the employee can terminate the contract with just cause and receive severance pay.
E. Service Determination Case
A case filed by employees who worked without insurance or whose premiums were paid incompletely/not based on actual salary, to determine their insurance periods. This case has a 5-year preclusion period.
3. Employee's Just Cause for Termination (Labor Law Article 24)
The employee can immediately terminate the employment contract without waiting for the notice period and becomes entitled to severance pay in the following situations:
- Health Reasons: The nature of work endangering the employee's health.
- Violation of Moral and Good Faith Rules:
- Non-payment of salary, overtime or bonuses (or incomplete/cash payment).
- Employer insulting the employee, mobbing or sexual harassment.
- Insurance premiums not being paid based on actual salary.
- Force Majeure: Force majeure requiring work to stop for more than 1 week.
4. Process and Mediation in Labor Cases
Is Mediation Mandatory?
Yes. Applying to mediation before filing a lawsuit is a procedural requirement for severance pay, notice pay, overtime, annual leave wages and reinstatement cases. If no agreement is reached in mediation, litigation can proceed.
How Long Do Labor Cases Take?
Although the Ministry of Justice target is 540 days, cases can take between 1.5 to 4 years on average due to expert examinations, workload and appellate court processes.
Can Mediation Agreement Be Cancelled?
As a rule, mediation agreement has the nature of a court judgment and is binding. However, if it is proven that the employee's will was impaired by threat, pressure or fraud, a lawsuit can be filed to cancel the agreement.
Don't Lose Your Rights: Get Expert Support
Labor law is a technical field where burden of proof and deadlines are critical. It is important to get support from an expert labor law attorney to not become wronged while being right, to calculate compensation correctly, and to conclude the process as quickly as possible.
Service Features
- Severance and notice pay cases
- Reinstatement cases
- Overtime and wage claims
- Mobbing and discrimination cases
- SSI service determination cases
- Employer consultancy and termination management
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+90 541 348 2551Frequently Asked Questions
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