Istanbul Labor Lawyer

Working life is based on an asymmetrical power relationship between the employee and the employer in economic and administrative terms. Although our laws aim to protect workers in a weak position, in practice, rights violations such as unfair termination of employment contracts, non-payment of compensation, underpayment of insurance premiums or usurpation of overtime wages are frequently encountered. Especially Turkey's in 2026 It is of vital importance to protect the rights of millions of employees throughout Istanbul, which is the heart of trade and industry.

Receivables and compensation cases arising from labor law; It is based on advanced procedures and principles in terms of following the limitation periods, calculating the receivable items accurately and presenting legally valid evidence to the court. In this guide, we share the legal framework of workers' rights, compensation calculation methods, judicial processes throughout Istanbul and the most critical details you need to know to avoid loss of rights.

1. What Cases Does the Istanbul Labor Lawyer Handle?

The successful conclusion of a business case depends on the correct determination of the nature of the dispute. The main types of cases frequently seen in labor courts and aimed at protecting the rights of employees are:

• Severance and Notice Pay Cases: These are lawsuits filed for the purpose of collecting the compensation deserved by the employee whose employment contract was terminated unlawfully or who left the job for justified reasons.
• Overtime and Labor Claims Cases: These are cases in which compensation is collected for work done on national holidays and public holidays (UBGT) and week holidays, exceeding the legal weekly working hours of 45 hours.
• Reinstatement Case: It is a type of quick-trial lawsuit filed in workplaces employing at least 30 workers, with the aim of reinstating the employee whose employment contract was terminated without a valid reason.
• Service Detection Case: It is a retroactive lawsuit filed if the employer never notifies the employee he employs to the Social Security Institution (SSI) or understates his premium days/wages.
• Mobbing and Discrimination Compensation Cases: These are lawsuits filed to compensate for the material and moral damages of employees who are exposed to systematic psychological harassment (mobbing) at the workplace or who are treated contrary to the obligation of equal treatment.

When Should You Apply to a Labor Lawyer?

It is not necessary to have been dismissed to apply to an employee lawyer. It is important to obtain legal support in cases such as late payment of wages while working, not paying overtime wages, underpayment of insurance premiums, mobbing, being forced to do work outside the job description or being forced to resign by the employer.

One of the most common mistakes in labor law is that the worker mismanages the process even though he is right. In particular, the employee's own petition stating "I resign for personal reasons", signing a release, waiving all rights in mediation, or leaving the job without collecting evidence may lead to serious loss of rights. For this reason, the employee must legally evaluate his/her current situation before making a termination notification, signing a payment protocol with the employer, or participating in a mediation meeting.

Calculation of labor receivables may become more complicated in big cities such as Istanbul, where many business lines, corporate companies, industrial zones and service sectors are intertwined. The worker's real salary, bonus system, travel and meal allowances, overtime order, SSI records and dismissal code should be evaluated together. In cases filed without this evaluation, it is possible to submit an incomplete request or to choose the wrong case type.

Therefore, the best time to consult a labor lawyer is when a rights violation occurs. If a notice of dismissal has been received, the mediation process has started, or the employer offers to underpay receivables such as severance, notice, overtime, annual leave, etc., the process should be planned professionally without delay.

2. Three Basic Principles Protecting Workers in Labor Law

Turkish Labor Law legislation and Supreme Court decisions are guided by three basic protective principles in order to eliminate the imbalance between employee and employer:

1. Worker Protection Principle: It is essential that the economically weak worker in the employment relationship is protected by legal safeguards against the arbitrary practices of the employer.
2. Interpretation Principle in Favor of Workers: If there are situations that are unclear, cause doubt or have double meanings in the provisions of the law or employment contract, the courts always interpret them in a way that is in the best interest of the employee.
3. Obligation of Equal Treatment: The employer cannot discriminate between workers doing the same or similar work on the grounds of language, religion, race, gender or union, unless there is a justified and objective reason. In case of non-compliance, the worker may request "discrimination compensation" equal to up to 4 months' wages.

3. Labor Claims Comparison Table and Limitation Periods

The most important element in order not to lose your rights in business cases is the statute of limitations determined according to the type of receivable. In the table below, we summarize the receivable items that workers most frequently claim and their legal limits:

4. How are Labor Receivables Calculated?

In labor law, compensation calculations are not based on the net salary received by the worker, but Dressed Gross Wage is carried out via . Dressed gross wage; It is the value obtained by adding all permanent financial benefits such as transportation, food, regular premiums, fuel aid, bonuses, in addition to the worker's bare salary.

A. Severance Pay Calculation Formula

In order to be entitled to severance pay, it is necessary to have worked for at least 1 year in workplaces belonging to the same employer. The calculation is made by the following mathematical formula:

{Severance Pay} = {Adjusted Gross Salary} x {Working Time}

Note: The calculated annual compensation amount cannot exceed the "severance pay ceiling" limit announced every year by the Ministry of Treasury and Finance.

B. Overtime Calculation Formula

Work exceeding 45 hours per week is considered overtime. The monthly working hour standard is 225 hours. One hour of overtime pay is a 50% increase in the normal hourly bare gross wage.

Formula: Bare Hourly Wage = Bare Gross Wage / 225

Although these calculations seem to be made with simple formulas, they require technical knowledge as there are many items to be included in the formula in the background. It is vital that you work with an expert Istanbul Labor Lawyer and receive legal support to determine whether these calculations are made correctly or not.

How Does the Mandatory Mediation Process Work in Business Cases?

Applying for mediation before filing a lawsuit in business cases is mandatory for many disputes. If a lawsuit is filed directly without resorting to a mediator for labor receivables such as severance pay, notice pay, overtime, annual leave pay, week off, national holiday and general holiday wages, as well as requests for reinstatement, the case may be rejected on procedural grounds.

The application for mediation is made to the mediation office at the courthouse where the employee works or where the employer resides. Following the application, a mediator is appointed to the file and the parties are invited to a meeting. In these meetings, the receivables requested by the employee, the employer's payment offers, the request for reinstatement, if any, and the terms of agreement of the parties are evaluated.

The most important point to consider during the mediation process is that the statements written in the minutes can have binding consequences. The worker must clearly know how much he/she has requested for which receivable items, which rights he/she has given up or not, and which receivable the payment is related to. In particular, general statements such as "I have received all my rights" or "I have no other receivables" may make it difficult to file a lawsuit in the future.

If the parties agree on mediation, the agreement minutes are binding on the parties. If no agreement is reached, a final report of disagreement is prepared by the mediator. This report is one of the mandatory documents in order to file a lawsuit in the labor court. Therefore, the mediation process should not be seen as a mere formality; The worker's receivable account, evidence and litigation strategy should be prepared before this stage.

What Documents and Evidence Are Used in Business Cases?

To be successful in business litigation, simply being right is not enough; The worker must prove his claims with legal evidence. Working hours, real wages, overtime, mobbing, unfair termination, annual leave use and the amount of labor receivables are often revealed through documents, records and witness statements.

Evidence must be obtained in accordance with the law. Accessing the employer's systems without permission, taking secret records, or obtaining documents through illegal methods may cause problems in court. For this reason, the worker should prepare all the documents he has before filing a lawsuit; Bank statements, payrolls, SSI service statement, dismissal declaration, correspondence and witness information should be evaluated together.

Especially in labor cases heard in Istanbul, courts may order an expert examination by taking into account the work done by the worker, his professional seniority, the sector he works in, the size of the workplace and comparable wages. For this reason, supporting the case file not only with allegations but also with documents that strengthen the calculation and proof directly affects the outcome of the worker.

Frequently Asked Questions (FAQ)

Question 1: Is it mandatory to go to a mediator before filing a business case?

Reply: Yes. In accordance with the Labor Courts Law No. 7036; Applying to a mediator in labor receivables such as severance, notice, overtime, annual leave and reinstatement cases is a mandatory lawsuit requirement . Cases filed directly without resorting to a mediator are rejected due to procedural reasons.

Question 2: How long do mediation meetings last and what happens if an agreement is reached?

Reply: From the date the mediator receives the application 3 weeks must complete the process within. This period can be extended by a maximum of 1 week in cases of necessity. If an agreement is reached in mediation, the prepared report has the force of a court decision and the parties cannot file a lawsuit again for the issues agreed upon.

Question 3: Can a worker who resigns voluntarily receive severance pay?

Reply: As a rule, an employee who resigns cannot receive severance pay. However, the employee may conclude the employment contract with the conditions listed in Article 24 of the Labor Law. for good reasons (late or incomplete payment of salary, employment without insurance, mobbing, insult, failure to take security measures, etc.) can claim severance pay even if he/she leaves.

Question 4: Where should a worker working in Şişli, Mecidiyeköy or Beşiktaş file his case?

Reply: The competent judicial authority in the cases of workers working in workplaces located in Şişli, Mecidiyeköy, Beşiktaş, Kağıthane, Fatih or Sarıyer districts on the European Side of Istanbul Istanbul (Çağlayan) Labor Courts is.

Question 5: In which courthouse should the worker working in Kadıköy, Ümraniye or Ataşehir file his case?

Reply: The competent judicial body for workers working on the Anatolian Side of Istanbul, within the borders of Kadıköy, Ataşehir, Ümraniye, Maltepe, Kartal, Pendik or Tuzla Istanbul Anatolia (Kartal) Labor Courts is.

Question 6: Which courthouse is authorized for workplaces in Beylikdüzü, Esenyurt or Büyükçekmece?

Reply: Competent court for employees working in workplaces operating in Beylikdüzü, Esenyurt, Büyükçekmece, Avcılar or Çatalca regions Büyükçekmece Labor Courts or affiliated Bakırköy Labor Courts is.

Question 7: What should a worker who is employed without insurance or whose premiums are paid at minimum wage do?

Reply: In order to determine the retroactive work of the worker in this situation and to protect his retirement rights Service Detection Case It must open. This case started at the end of the year in which the study took place. 5 year blackout period subject.

Question 8: How is a mobbing (psychological harassment) case proven?

Reply: The burden of proof in mobbing allegations is on the worker. In order to prove the systematic pressure he is exposed to, the worker must present as evidence in-work e-mail correspondence, WhatsApp messages, medical or psychiatric examination reports, if any, incapacity documents, and most importantly, the statements of his colleagues who witnessed the incident.

Question 9: What evidence is required to prove overtime wages have not been paid?

Reply: Card printing records showing workplace entry and exit times, fingerprint reading system transcripts, camera records, workplace correspondence, e-mail times sent to customers and employee/colleague witness statements to be heard at the hearing are the strongest evidence in proving overtime.

Question 10: How many days does it take to file a reinstatement lawsuit and what are the legal conditions?

Reply: In order to file a reinstatement lawsuit, the workplace must employ at least 30 workers and the worker must have at least 6 months of seniority. The worker who meets these conditions shall be entitled to a termination notice from the date on which he is notified. within 1 month at the latest should resort to mediation; Otherwise, he completely loses his right to reinstatement.

Question 11: How long does it take on average for a business case to be concluded throughout Istanbul?

Reply: According to the workload of Çağlayan, Kartal and Bakırköy courthouses in Istanbul; Reinstatement cases in the first instance court 4 to 8 months , severance and notice pay cases due to expert calculation processes and witness hearing stages. 8 to 18 months It continues between.

Question 12: What should be done if part of the salary is paid from the bank and the other part is paid by hand (in an envelope)?

Reply: This situation is illegal and leads to undercalculation of the employee's severance pay. In the worker case; He/she can receive compensation based on his actual gross wage by proving his actual wage with comparable wage research (current salaries asked from relevant professional chambers and unions), bank account movements, internal workplace correspondence and witness statements.

Question 13: What is the period for filing a lawsuit for material and moral compensation in case of a work accident?

Reply: In disability and compensation cases arising from work accidents, the statute of limitations starts from the date on which the accident and the responsible employer/perpetrator were learned. 2 years and in any case from the date the accident occurred for 10 years .

Question 14: Can a female worker who quits her job due to marriage receive severance pay?

Reply: Yes. Female workers, starting from the date of official marriage (marriage) within 1 year If they terminate their employment contracts unilaterally on the grounds of marriage, they can leave the job by receiving severance pay, provided that they have met the condition of working for at least 1 year.

Question 15: How are attorney fees determined in business cases?

Reply: Attorney fees in business cases are determined freely according to the complexity of the case, provided that they do not fall below the minimum limits in the current minimum wage tariffs of the Union of Turkish Bar Associations and the Istanbul Bar Association. Generally, in practice, an agreement is reached on a certain percentage (rate) of the total compensation amount collected from the employer at the end of the case.

6. Why Should You Contact Us?

Although business cases may seem like simple claims at first glance, from the exchange of petitions to the follow-up of notifications; It contains extremely sensitive procedural rules, from precedent fee investigations to technical objections to expert account reports. Workers trying to seek their rights alone, in the face of employers' strong human resources departments and corporate lawyers, may lead to them being in the wrong, even though they are right, due to misrepresentations or missed legal deadlines.

Collecting the severance and notice pay you deserve, as well as your unpaid overtime and leave receivables, by calculating them to the millimeter and collecting them with legal interest is only possible with a professional litigation strategy.

As Attorney Mehmet Emin Kurşun Law Firm;

Legal relations between employee and employer are based on a delicate balance based on the protection of the employee's labor and future. Processes of usurping severance and notice pay rights, under-representing overtime receivables, not reporting service periods to SSI, or forcing workers to resign through psychological pressures such as mobbing are litigation disciplines that are subject to error-free procedures and principles. Attorney Mehmet Emin Kurşun Law Firm; It offers professional, transparent and result-oriented legal consultancy and litigation services with its expert staff based in Istanbul, in line with the most up-to-date Supreme Court of Appeals rulings, in order to alleviate the grievances of employees and prevent loss of rights, at all legal stages, from the strategic management of mediation negotiations to the follow-up of litigation processes in Çağlayan, Kartal and Bakırköy Labor Courts.