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Labor Code, which is a law regulated in the field of labor law, is a law that basically deals with the issues of labor, employee and employer and aims to prevent or regulate the disputes that may arise in this regard. It can be said that the disputes in the field of labor law, in which we also serve as Labor Law Attorneys, are within the scope of the Labor Law. The first Labor Law in our country is the old Labor Law number 1475. The Labor Law, which was first enacted in our country on 25.08.1971, then entered into force after its publication in the official gazette on 01.09.1971. New Labor Law No. 4857 and Turkish Code of Obligations No. 6098 are also implemented within the scope of labor law.
Labor law is based on the work of employees or employers in a mutual business relationship to work in harmony. In this context, it is possible to limit the issues that are regulated by the Labor Law and that we, who provide services of Istanbul Labor Law Attorney and Labor Law Attorney, are based on:
- Between the Employee and employer,
- Aligning the relations of the employee or employer with the communities (Social Insurance Institution (SSK), associations, Labor and Employment Agency, Ministry of Labor, unions, chambers, foundations, etc.) to which they are affiliated with the rules regulated under this law
It is known that the labor law, which covers the situations given above, is divided into two. This dividence is as follows;
- Individual Labor Law
- Collective Labor Law
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Within the scope of our Labor Law Attorney service, we can provide the following information;. The individual labor law provides for the regulation of the relations between the employee and the employer, which generally exist in small enterprises and begin with the service contract (Contract). Individual labor law covers situations such as wages, working conditions, service contracts, bonuses, additional wages, social benefits, commissions, compensation or leaving the job.
Collective labor law is a branch of law that generally exists in large enterprises. This branch of law is applied in the workplaces where the employee-employer is represented in the form of communities (union) in large enterprises. Issues such as establishing a union, dissolving the union, union rights, union membership collective bargaining are fundamental issues of collective labor law.
In the definitions given above and within the scope of our Labor Law Attorney service, it can be stated that the subject of labor law is the harmonization of the employee and the employer. However, despite the Labor Law, it is not possible to say that this harmony is always achieved. For this reason, a business case is filed in the Labor Courts in order to ensure the rights of the victim party. The definition of Labor Courts in the law is as follows;
“According to the Labor Courts Law No. 7036, the Labor Court; is the Civil Court that is responsible for hearing the cases such as claims arising from labor law disputes, compensation, determination, etc..”
The main reason for the opening of labor courts is that the problem between the employee and the employer could not be solved, and the worker was not able to obtain his rights or was subjected to ill-treatment, as a compromise could not be reached in this context. It is possible for the employee who encounters such situations to come to us to seek his/her rights and request Labor Law Attorney or consultancy service. In this context;
- Disputes between the employee and the employer, and
- Known disputes to which the Social Security Institution (SGK) is a party,
forms the basis of labor law in terms of the most general definition.
The situation that causes many people to be mistaken and suffer in this context is the fact that there is no Labor Court in the area where they live. Although the decision-making authority of labor cases is the labor court, it is possible to apply to the Civil Court of First Instance and to make a claim in this context in places where this court is not available.
Types of Labor cases
- Reemployment lawsuit
Within the scope of our Labor Law Attorney and Istanbul Labor Law Attorney services, It is known that the business relationship established between the employee and the employer mutually imposes obligations and rights on both the employee and the employer. In some cases, the continuation of these obligations and rights is out of the ordinary. In such cases, it is necessary to terminate the employment contract as it is not possible to conduct business.
Under the law, the termination of employment by the employer is restricted. This is a natural consequence of protecting the employee’s rights. Regarding the employment contract, which is not terminated by the employer within the scope specified in the Law, there are some possibilities to demand rights recognized by the law in order for the employee to demand compensation. Reemployment lawsuit is one of them.
Reemployment lawsuit is subject to the following definition as we can realize within the scope of our Labor Law Attorney service; It is the case where the employee whose employment contract is terminated by the employer due to various reasons, but who thinks that this termination is invalid, can request the reemployment by benefiting from the job security. Reemployment lawsuit is a case that can only be filed by the employee whose employment contract is terminated due to an invalid reason (known as “fired”). It can be concluded that the employer cannot file a reemployment lawsuit by making a request to our Istanbul Labor Law Attorney service.
In order to prove that the employee does not have unlimited rights, the employee who will file a reemployment lawsuit must comply with the following conditions;
- The number of employees working in the workplace must be at least 30. While researching or examining is carried out in order to determine this number, not only the place where the employee is working; Other locations of the employer that offer services in the same business line should also be taken into account, if any.
- The time the employee has worked at the workplace must be at least 6 months. Within the scope of our Labor Law Attorney service, it is possible to say that the employees working underground are not subject to this condition.
- There must be an employment contract of indefinite duration between the employer and the employee. Therefore, it is not possible for the employee to request a reemployment lawsuit in cases where he/she works for a certain period of time.
- In order for the employee to file a reemployment lawsuit, he / she must be an employee under the Labor Law.
- The employee can only file a reemployment lawsuit if the termination by the employer is not based on a valid reason.
- Employer representatives will not be able to file a reemployment lawsuit.
- Employee Receivables
The concept of “employee receivables” has been introduced in order to eliminate the aggrievement encountered as a result of the unjust termination of the employment contract between the employee and the employer. Based on our Labor Law Attorney service, it is possible to say that the employee receivables vary depending on the termination of the contracts existing between the employee and the employer. Employee receivables that can be handled in this context are as follows.
Annual Leave Fee
Payment in lieu of Notice
National Holidays and General Holiday Fees
Minimum Living Allowance
Bad Will Compensation
Injustice Termination Compensation
Idle Time Fee
Compensation Arising From Work Accidents
Equal Treatment Compensation
Employees who want to get detailed information about labor claims can contact us within the scope of our Labor Law Attorney services..
Termination Reasons for Employment Contracts
The reasons for termination of the employment contract, which we have adopted in the field of our Labor Law Attorney and Istanbul Labor Law Attorney in the law, are as follows..
- Resignation of the employee
- Expiry of the date specified in the fixed term contract
- Termination by agreement of the parties
- Resignation at his own request (for business or private reasons)
- Compensated termination with just cause under Article 24
- Termination of the female worker with valid reason within one year after her marriage
- Employer’s dismissal of the employee
- Compensated termination for valid reason
- Immediate termination on justified grounds pursuant to Article 25 and without compensation under 25/II
- Retirement (including those waiting for age despite the end of the premium day and service year)
- Military Service
In the event of any of the above situations, as we have stated before within the scope of our labor law attorney service, not every termination is justified termination. For this reason, it is possible for employees whose employment contract (contract) has been unfairly terminated, workers who do not use their existing rights or who think that they are being mistreated can contact us to carry out the necessary procedures and ensure their rights.
Within the scope of our services, both the employee’s provision of the employee receivables he/she is entitled to and the use of his/her right to litigation in this context are carried out by us.
We believe that the services offered by us will surely satisfy your needs and wants. So, avail the experience by visiting at WiklundKurucuk. We feel happy to serve you!