EMPLOYMENT LAW AND PRACTICES IN TURKEY

The broad purpose of employment law in Turkey is to regulate the legal relationship between employees and employers. Labor law in Turkey aims to protect the rights and legal security of employees while regulating the relationships between employers and their employees. It also ensures that employers operate within the legal framework.

Labor law in Turkey covers a wide range of topics. Some of the key elements of employment law include employment relationships, working hours, wages and benefits, occupational health and safety, termination of employment, and employment contracts. Protection of workers, regulation of the employer-employee relationship, occupational health and safety of employees, collective bargaining agreements, and the rights of workers to strike and lockout are among the fundamental aspects of employment law in Turkey.

Another fundamental objective of labor law in Turkey is to ensure that the relationships between employers and employees are orderly, fair, and balanced. This branch of law protects the fundamental rights of employees while allowing employers to effectively manage their businesses. It also requires employers to take necessary measures to ensure the safety and welfare of their employees.

The basic rights of employees in employment law in Turkey include working hours and holiday entitlements, wages, social benefits, health and safety, the recruitment process, termination of employment, and compensation. Employers have an obligation to treat their employees fairly and in accordance with the law. Labor law in Turkey determines the rights and responsibilities of the parties involved at every stage of the employment relationship, from its initiation to its termination.

The protection of employees against employers arises from the economic and individual dependency of employees on their employers. When employees perform work or provide services, employers have a duty to pay wages, which creates an economic dependency of employees on employers. Additionally, the need to protect the health and safety of employees arises during their work in the workplace.

In addition to the objective of protecting employees, the preservation of public interest is also pursued. Regulations for the protection of employees are provided in special laws such as the Labor Law, the Law of Obligations, as well as in the Constitution.

THE SOURCES OF LABOR LAW IN TURKEY

The sources of employment law in Turkey are legal norms that regulate labor relations and working conditions. These sources consist of various documents such as international conventions, constitutions, laws, regulations, and court decisions. Here are the main sources of labor law in Turkey:

• International Conventions: International conventions play a significant role in labor law in Turkey. Conventions prepared by the International Labour Organization (ILO) and accepted by member countries establish international standards to protect workers’ rights and regulate working conditions. Examples of international sources include conventions made by the International Labour Organization, United Nations Conventions, Conventions adopted by the Council of Europe, European Union Conventions and Directives, and Bilateral Agreements.
• Constitutions: The constitutions of many countries include provisions that regulate the fundamental rights of workers and working conditions. Constitutions safeguard basic labor rights such as workers’ freedom of association, union rights, and the right to strike. They also cover topics such as occupational health and safety and decent working conditions.
• Laws: Laws that regulate employment law in countries determine the rights and obligations of workers and employers. Employment laws provide detailed regulations on various aspects, including working hours, wages and benefits, employment contracts, termination of employment, worker unions, and collective bargaining. Employment laws are generally the most comprehensive legal documents governing labor relations. Examples of national sources include the Constitution, the Labour Law, the Maritime Labour Law, the Law on Collective Labour Agreements, Strikes and Lockouts, the Press Labour Law, the Labour Courts Law, and the Trade Unions Law. In cases where there are gaps in these laws, the provisions related to service contracts in the Law of Obligations, as well as the Civil Code, General Health Law, and Weekly Rest Law, which are of a general nature, may apply.
• Regulations: Regulations are issued to complement and provide detailed rules for employment law in Turkey. They specify the rules that employers and employees must comply with. Regulations cover topics such as occupational health and safety, worker health, occupational diseases, work permits, and similar matters. In terms of legal implementation, the Council of Ministers has the authority to make decisions regarding collective bargaining agreements, employment contracts, strikes, and lockouts, so Decree Laws (KHK) are also considered as sources. Collective bargaining agreements, employment contracts, and workplace regulations can be considered as specific sources.
• Court Decisions: Court decisions play an important role in interpreting and applying labor law in Turkey. Judicial bodies examine situations where the rights of workers or employers have been violated and make legally binding decisions in such cases. These decisions serve as precedents and guide the resolution of similar cases in the future.
• Employment Contracts: Employment contracts concluded between employers and employees are significant sources in employment problems and employment law in Turkey. Employment contracts define the rights and obligations between the parties and form the basis of the employment relationship. Employment contracts cover aspects such as wages, working hours, leaves, termination procedures, and other conditions. You can review our article about employment contracts.

The sources of labor law may vary depending on the country and legal system. Each country’s employment law is based on its own laws, constitution, and other relevant documents. The sources of employment law are designed to protect workers’ rights, ensure fair working conditions, and ensure that employers comply with the law.

SCOPE OF EMPLOYMENT LAWSUIT IN TURKEY

When it comes to employment lawsuit in Turkey, it is necessary to focus specifically on termination issues. Nowadays, the most common types of employment lawsuit in Turkey we encounter in relation to Employment Law in Turkey about employment problems are reinstatement lawsuits or lawsuits regarding employee receivables and compensations. In addition, employment lawsuit in Turkey demanding severance pay, which employers claim from employees, are also frequently encountered.

In these cases, prior to the employment lawsuit in Turkey, it is necessary to conduct mediation as a prerequisite for labor disputes. If the lawsuit is filed without fulfilling the prerequisite of mediation, the result is the rejection of the lawsuit due to the absence of the prerequisite. In general terms, it is important to seek support from a Labor Law attorney about employment problems to ensure that both parties understand their rights and to prevent any legal or material loss during the pre- and post-termination process, both procedurally and substantively.

TYPES OF EMPLOYMENT LAWSUIT IN TURKEY

Labor law in Turkey, being a branch of law that regulates employment relationships and working conditions, encompasses various types of labor lawsuits. Employment lawsuit in Turkey is legal action filed to resolve disputes employment problems. Some important types of employment lawsuit in Turkey include:

• Reinstatement Lawsuits: If an employee is wrongfully or unjustly terminated, they may file a reinstatement lawsuit if the conditions specified by law are met. If an employer terminates an employee in violation of laws and the employment contract, the employee can request to be reinstated.
• Lawsuits for Claiming Employment Rights: These lawsuits are filed to resolve disputes related to employment problems, such as wages, working hours, overtime pay, leave entitlements, bonuses, and other benefits. If an employer fails to pay the full wages or provide the necessary benefits, an employee can file a lawsuit to claim their rights.
• Mobbing (Harassment) Lawsuits: Mobbing lawsuits can be filed when an employer or other employees engage in continuous unjust behaviors towards an employee in the workplace. An employee who is subjected to mobbing can demand the cessation of such behavior and seek compensation.
• Workplace Accident and Occupational Disease Lawsuits: In cases of injury, disability, or death resulting from workplace accidents or occupational diseases, employees or their families can file compensation claims through lawsuits. Such lawsuits can arise when an employer fails to take adequate occupational safety measures or violates health and safety regulations.
• Union Lawsuits: Union lawsuits can be initiated to resolve disputes between trade unions or between trade unions and employers. These lawsuits may involve issues related to the establishment of unions, membership rights, or negotiations for collective labor agreements.
• Lawsuits for Recruitment and Termination of Employment Contracts: If an employer engages in unfair discrimination during the recruitment process or unlawfully terminates an employee, the affected employees can take the matter to court.

These are some examples of employment lawsuit in Turkey, and there can be many other types, such as discrimination lawsuits related to employee rights, lawsuits for the correction of working conditions, lawsuits for breach of contract by the employer, or compensation lawsuits, all falling within the scope of labor law.

HOW TO FILE A EMPLOYMENT LAWSUIT IN TURKEY ABOUT EMPLOYMENT PROBLEMS?

To answer the question of how to file a labor lawsuit in Turkey, you can follow the steps below:

• Seek Legal Advice: The answer to how to file a employment lawsuit in Turkey may vary depending on the type of employment relationship. It is important to seek professional legal advice in employment problems. Contact an experienced labor law attorney or law firm specializing in labor law and explain the situation in detail. Your labor law attorney will help you determine your rights and strong points.
• Gather Evidence: It is important to gather the necessary evidence to support your employment lawsuit in Turkey. Collect documents such as termination notices, employment contracts, salary statements, correspondence, emails, and witness statements. These documents can be used to support your case and prove your claims about employment problems.
• Negotiate with the Employer: If you believe that your termination is unjust, you can try to negotiate with your employer first. With the guidance of your labor law attorney, request a meeting with your employer and clearly express the reasons for the termination being unjust and state your demands. If a suitable agreement is reached, you can resolve the issue without going to court.
• Apply to Relevant Authorities: If negotiations with the employer fail or an agreement cannot be reached, you can file a labor lawsuit by applying to the relevant authorities according to Labor Law in Turkey. This is usually a competent institution such as the labor court or the labor relations board. The application process and required documents may vary depending on the country and legal regulations. Your labor law attorney will guide you through the application process.
• Review and Trial of the Case: Once your application is accepted, the court or relevant institution will review the employment lawsuit in Turkey and set a trial date. During this process, your labor law attorney will work on preparing the case and building your defense. You may need to attend the court or relevant institution to represent your side and follow the legal process.
• Decision and Execution Process: After examining the application, the court or relevant authority will make a decision. If the decision is in favor of the employee, it may include a specific compensation payment or other provisions from the employer. An execution process can be initiated to enforce the decision. If the decision is against the employee, you can evaluate options such as filing an objection or appeal with your legal counsel.
• Follow the Legal Process: The legal process of a lawsuit about employment problems can often be time-consuming. During this process, maintain regular communication with your legal counsel and closely follow the proceedings. Respond promptly to document or information requests and attend hearings or meetings when necessary.
• Consider Alternative Resolution Methods: Employment Lawsuit in Turkey can be complex and costly. Therefore, if you do not wish for the case to prolong or incur additional expenses, you can consider alternative resolution methods. Alternative dispute resolution methods such as mediation or settlement processes can facilitate reaching an agreement between the parties.

Although we briefly answered the question of how to file a employment lawsuit in Turkey, initiating a lawsuit is a complex process, and legal regulations may vary from country to country. Therefore, it is important to take the steps, from negotiations with the employer to the application process and following the legal process, under the guidance of an labor law attorney. An employment law attorney will guide you to protect your rights and achieve the best possible outcome.

MANDOTARY MEDIATION IN EMPLOYMENT DISPUTES ACCORDING TO LABOR LAW IN TURKEY

Mediation in employment disputes refers to the mandatory use of a mediation process to resolve conflicts between employees and employers. In employment disputes, mediation is an alternative dispute resolution method in which the parties are directed by a mediator before resorting to court.

Mediation in employment disputes is a mechanism applied in many legal systems worldwide. Its primary aim is to resolve disputes between employees and employers in a faster, more effective, and more conciliatory manner. The objectives of implementing mediation in employment disputes include encouraging reconciliation between employees and employers, reducing the burden on labor courts, and preserving the employee-employer relationship.

The mediation process in employment disputes according to Employment Law in Turkey generally consists of the following steps:

• Application: The employee or employer applies to the mediator for the resolution of the employment problems. The application is made in writing and includes information such as the nature of the dispute, the parties’ demands, and the reasons for seeking mediation.
• Appointment of the Mediator: After the application, a qualified mediator is appointed to conduct mediation in employment disputes. The mediator is a neutral and independent person who facilitates the mediation process between the parties. If the appointed mediator is accepted by both parties, the process continues.
• Meetings: The mediator arranges meetings by bringing the parties together. During these meetings, the parties thoroughly explain the employment problems and share their demands and expectations. The mediator manages the communication, listens to the parties, and presents possible solutions.
• Reaching a Settlement: The mediator attempts to reach a settlement between the parties. The parties evaluate the mediator’s suggestions and strive to find the best possible solution. When a settlement is reached, an agreement text is prepared and signed by the parties.
• Resorting to Court: In the mandatory mediation process, if the parties cannot reach a settlement, they have the right to resort to court. However, it is not possible to directly apply to court in employment disputes without completing the mediation process. The parties can only seek court intervention if the mediation process fails to produce a resolution. The functioning and outcomes of mediation in employment disputes may vary from country to country. The details of this process depend on the legal regulations and legislative frameworks of each country. Therefore, it is important for an employee or employer to consult the labor law legislation of the relevant country to learn whether they are subject to mandatory mediation and how the process works.

Mandatory Mediation in employment problems aims to achieve a faster and more effective resolution of conflicts between employees and employers. This process encourages the parties to pursue reconciliation and reduces the burden on courts. However, both parties need to be willing and cooperative for the process to be successful. By effectively utilizing mediation in employment problems, the parties have the opportunity to find a resolution and avoid protracted legal battles.

THE IMPORTANCE OF WORKING WITH AN LABOR LAW ATTORNEY IN EMPLOYMENT DISPUTES

Employment lawsuit in Turkey is a legal process aimed at resolving disputes arising from employment relationships. Such lawsuits typically begin with the escalation of various conflicts between employers and employees and often involve matters related to labor law in Turkey. In employment lawsuits, the guidance of an labor law attorney is necessary to protect the rights of both parties and achieve a fair outcome. Opening or following a employment lawsuit in Turkey requires technical knowledge. Here are some key points explaining the importance of working with a labor law attorney;

• Legal Knowledge and Experience: Employment lawsuits involve complex legal issues and are related to various laws, regulations, and precedent decisions. Labor law attorneys specialize in these areas and provide guidance to their clients based on their legal knowledge and experience.
• Strategic Advice: Employment lawyers analyze their clients’ situations, identify legal strengths and weaknesses, and develop an appropriate strategy. A good lawyer manages the case effectively by considering the client’s objectives and takes the necessary steps to achieve the best outcome. The lawyer’s strategic advice helps the client better understand the case and ensures a more controlled progression of the process.
• Protection of Legal Rights: It is important to protect the legal rights of both parties in employment lawsuit in Turkey. An employment lawyer represents and safeguards the rights and interests of their clients. They defend the rights of workers in matters such as terminations, wage claims, unfair competition, workplace discrimination, while also providing legal counsel to employers on matters such as the enforcement of employment contracts and the formulation of workplace policies. Labor law attorney take the necessary steps to advocate for the legal rights that are in favor of their clients.
• Settlement and Negotiations: Employment lawsuits can often be resolved through settlement or negotiation. Employment lawyers actively participate in settlement or negotiation processes while considering their clients’ interests. Settlement refers to reaching an agreement between the parties without resorting to the court process. Lawyers manage negotiations on behalf of their clients, develop strategies, and make efforts to achieve the best possible outcome. Settlement can save time and costs, while also facilitating less hostility and better relationships between the parties.
• Management of the Legal Process: Lawsuits can be time-consuming and complex. An labor law attorney manages the client’s work lawsuit process and handles tasks such as preparing necessary legal documents, drafting petitions, and attending court hearings. Working with a competent lawyer in court ensures a fair defense and effective representation of rights.
• Legal Monitoring and Remedies: In work lawsuits, there may be situations where the opposing party does not act in accordance with the law. Employment lawyers identify such situations and initiate legal monitoring and remedial processes when unfair treatment is experienced by their clients. The legal knowledge and experience of lawyers help in identifying unfair practices and protecting the rights of clients.

In conclusion, working with an labor law attorney is of great importance in labor disputes and employment problems. Lawyers provide guidance to clients based on their legal knowledge and experience, offer strategic advice, protect legal rights, actively participate in settlement and negotiations, manage the legal process, and initiate necessary monitoring and remedial processes. Due to the complexity and sensitivity of employment lawsuits, the professional guidance of a lawyer ensures clients achieve the best possible outcomes and supports their access to justice.