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Labor Law

Labor Law

We provide legal consultancy and case follow-up services for both employees and employers in all disputes arising from employment relationships.

ConsultationWhatsApp
70+
Labor Cases
7+
Years Experience
86404
Istanbul Bar Reg. No.
TR / EN
Consultation Languages

Why Choose Us?

  • Severance and notice pay cases
  • Reinstatement cases
  • Overtime and wage claims
  • Mobbing and discrimination cases
Contact Us

Short answer

Turkish labor law governs individual relations under Labor Code 4857, collective relations under the Unions and Collective Labor Agreement Law 6356, and social security under SGK Law 5510. Severance pay is computed under the surviving art. 14 of repealed Law 1475. Since 2017, mediation has been a precondition to litigation for worker-employer claims under Law 7036.

Table of Contents

1. Labor Lawyer2. Compensation Rights3. Reinstatement4. Overtime5. Mediation6. FAQ

Introduction to Labor Law

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.

⚖️ Mandatory Mediation

Mandatory mediation process must be completed before filing labor lawsuits. Effective management of this process directly affects the outcome of the case.

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.

Most Common Labor Cases

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.

Employee's Just Cause for Termination

The employee can immediately terminate the employment contract without waiting for the notice period and becomes entitled to severance pay in the following situations:

  1. Health Reasons: The nature of work endangering the employee's health.
  2. 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.
  3. Force Majeure: Force majeure requiring work to stop for more than 1 week.

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

Call now for consultation

+90 541 348 2551

Frequently Asked Questions

Find answers to common questions about this service

When does severance pay entitlement arise?
Severance pay is due when the employment contract ends for specific reasons, provided you have worked at least 1 year.
What is notice pay?
It is the compensation to be paid when the employment contract is terminated without observing the notice period.
How to file a reinstatement case?
In case of unfair dismissal, apply to mediator within 1 month of termination notice, then to court within 2 weeks.
What is mobbing and how is it proven?
Mobbing is systematic psychological pressure and harassment in the workplace. Proven by witness statements, correspondence, and expert reports.
How is overtime calculated?
Work hours exceeding 45 per week are considered overtime and paid at 150% of normal hourly rate.
Consultation

Get Expert Legal Support

We provide expert legal support in employee and employer cases.

7+
Years Experience
86404
Istanbul Bar Reg. No.
TR / EN
Consultation Languages
7/24
Support
+90 541 348 2551WhatsApp
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* This information is for general guidance only and does not constitute legal advice. For case-specific evaluation, please contact us.

Our Other Services

Insurance Law

Vehicle depreciation, damage compensation, insurance arbitration and traffic accident claims

Real Estate Law

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Inheritance Law

Inheritance procedures, estate distribution, wills and reduction cases