Labor Law
Labor law is the field of law that regulates the employment relationship between employee and employer. Issues such as employment contract, wage, overtime, annual leave, dismissal, severance pay, notice pay, reinstatement, mobbing and work accidents are among the basic topics of labor law.
Due to the density of service, production, logistics, health, construction, technology, finance and retail sectors in Istanbul, employee-employer disputes are frequently observed. For this reason, it is important for both workers and employers to manage labor law processes correctly.
What is Labor Law?
Labor law regulates the relations in which the employee works under the employer in return for his labor. While this area protects the rights of the employee, it also determines the rules regarding the employer's right to management and business order.
Labor law is not just about dismissal or compensation cases. Preparation of the employment contract, determination of working conditions, wage payments, disciplinary processes and occupational health and safety obligations are also evaluated within this scope.
In which law is labor law regulated?
One of the main sources of labor law is the Labor Law No. 4857. This law; It regulates basic issues such as employment contract, working hours, overtime, annual leave, termination, notice period and employee rights.
In addition, the Labor Courts Law No. 7036 regulates the court in charge of labor cases and the mediation requirement. Different special laws may also be applied in terms of occupational health and safety, social security and union rights.
What Subjects Does Labor Law Cover?
Labor law covers many disputes arising from working life. The proof, statute of limitations and remedy for each type of dispute may be different.
| Subject | Explanation |
|---|---|
| employment contract | It regulates the basic working relationship between employee and employer. |
| will receive wages | It covers unpaid salary and wage claims. |
| Overtime | It is requested for work exceeding the weekly working hours. |
| severance pay | It is paid to the worker whose employment contract ends under certain conditions. |
| Notice compensation | It comes into question in case of termination without complying with the notice period. |
| Annual leave | It is considered within the scope of the worker's right to rest. |
| reinstatement | It is the employee's request to return to work against invalid termination. |
| mobbing | It covers allegations of systematic psychological oppression in the workplace. |
| work accident | It includes physical or mental harm caused by work. |
| Mediation | It is a compulsory application method before litigation in many labor disputes. |
What is an Employment Contract?
An employment contract is a contract in which the employee undertakes to perform work and the employer undertakes to pay wages. It can be established in writing or orally; However, a written contract is important for proof.
The job description, wage, workplace, working period, trial period, fringe benefits and termination conditions should be clearly regulated in the employment contract. Unclear provisions may create disputes in the future.
Fixed and Indefinite Term Employment Contract
An indefinite-term employment contract is a type of contract in which it is not determined in advance when the employment relationship will end. This is the most common type of contract in business life.
A fixed-term employment contract can be made for a certain period of time or for the completion of the job if there is an objective reason. Misuse of a fixed-term contract may result in different rights in favor of the worker.
Trial Period
In employment contracts, the parties may agree on a trial period. During the trial period, the parties can more easily terminate the employment contract in accordance with the conditions stipulated by law.
However, the trial period does not eliminate the fundamental rights of the worker. The worker may request wages, insurance and other rights related to the time he works.
Fee Receivable
Wage is the fundamental right that the worker receives in return for his work. The employer is obliged to pay the worker's wages on time and in full.
If the wage is not paid or is underpaid, the employee may claim receivables. Bank records, payrolls, workplace records and witness statements are important in such cases.
Payment of Salary in Hand
In some workplaces, some of the salary may be paid from the bank and some may be paid in cash. This may cause the worker's real wage to be shown lower on the payroll.
Bank records, witness statements, messaging, workplace wage practices and precedent wage research can be used to prove the actual wage. It affects many receivables such as actual wage, severance pay and overtime.
Overtime Pay
Overtime is the wage that an employee can claim for work that exceeds the legal working hours. In the Labor Law system, weekly working hours are 45 hours as a rule.
The employer must prove that overtime has been paid, and the employee must prove that overtime has been worked. Scoreboard records, entry-exit records, camera records, shift schedules and witness statements are important in these cases.
Week Holiday and National Holiday General Holiday Credit
The worker has the right to a week's holiday under the conditions stipulated by law. An employee who is employed during a week holiday may request a wage for this work.
If work is done on national holidays and public holidays, the worker may request additional wages. Work records, shift lists and witness statements can be used to prove these receivables.
Annual Paid Leave
Annual paid leave is protected within the scope of the employee's right to rest. The worker has the right to annual leave after working for a certain period of time.
Payment of unused annual leave usually comes into question upon termination of the employment contract. The employer must prove with written documents that he/she provides annual leave to the employee.
Severance Pay
Severance pay is the compensation that an employee whose employment contract ends under certain conditions may be entitled to. One of the basic conditions is that the employee has worked for the same employer for at least 1 year.
Severance pay may come to the fore in cases such as unfair termination of the employment contract by the employer, termination of the employee for justified reasons, retirement, military service or separation of a female employee within a certain period of time due to marriage. The reason for termination should be examined separately in each file.
Notice Compensation
Notice compensation comes into question if an indefinite-term employment contract is terminated without complying with the notice period. Notice periods vary depending on the employee's seniority.
According to the statements of the Ministry of Labor and Social Security, a two-week notice period is applied for workers with less than six months of service, four weeks for six months to one and a half years, six weeks for one and a half to three years, and eight weeks for workers with more than three years of service.
Justified Termination of the Employer
The employer may terminate the employment contract immediately if there are justified reasons specified in the law. Violation of the rules of morality and good faith, absenteeism, abuse of trust or serious disciplinary violations in the workplace can be evaluated in this context.
However, for justified termination, the incident must be proven with concrete evidence. Unfair or excessive termination may result in compensation and reinstatement against the employer.
Justified Termination of Worker
In some cases, the employee may terminate the employment contract for just cause. Examples of this may include non-payment of wages, incomplete payment of insurance, mobbing, failure to take occupational health and safety measures, or harsh words and behavior of the employer.
The worker who makes justified termination may claim severance pay and other labor receivables, if the conditions are met. The content of the termination notice and the evidence are important in this process.
Reinstatement Case
A reinstatement lawsuit is the request of an employee who is covered by job security to return to work against invalid termination. The worker must meet certain conditions and claim that the termination notice is invalid.
It is mandatory to apply to a mediator before filing a lawsuit requesting reinstatement. Due to short deadlines, action must be taken quickly after receiving notice of termination.
Job Security
Job security ensures that workers who meet certain conditions are protected against termination of their employment contract without valid reason. The number of workers in the workplace, the seniority of the worker and the type of contract are important in this evaluation.
The employer must show a valid reason for the termination of an employee who is covered by job security. Otherwise, reinstatement consequences may come to the fore.
mobbing
Mobbing is the systematic and continuous application of psychological pressure against workers in the workplace. Insulting, excluding, not assigning duties, constantly criticizing, threatening or intimidating behaviors may be subject to mobbing allegations.
Continuity and systematicity of events are important in mobbing allegations. Witness statements, correspondence, medical reports, job changes and workplace records can be used as evidence.
Work Accident
A work accident is a worker's physical or mental harm as a result of an incident that occurs in the workplace or due to work. As a result of a work accident, the worker may claim material and moral compensation.
SSI notifications, hospital reports, occupational safety records, camera footage, witness statements and defect reports are important in work accident cases. It is investigated whether the employer takes occupational health and safety measures.
Occupational Health and Safety
The employer is obliged to take occupational health and safety measures in the workplace. Risk assessment, training, protective equipment, inspection and providing a safe working environment are among these obligations.
Failure to fulfill these obligations may increase the employer's liability in the event of a work accident or occupational disease. Occupational safety documents are important evidence in compensation cases.
Working Without Insurance
The employer is obliged to employ the worker insured. Working without insurance may affect the worker's social security rights and future labor receivables.
An uninsured worker can prove his actual work with witnesses, payment records, messages, workplace documents and other evidence. Service detection cases may come to the fore at this point.
Service Detection Case
A service determination lawsuit is filed to determine the actual working hours of an uninsured or underinsured worker. This case is important in terms of the worker's retirement and social security rights.
The lawsuit must be filed in due time and actual work must be proven with evidence. Witness statements, wage payments, workplace records and official documents are important in these cases.
What are Labor Receivables?
Labor receivables refer to the monetary rights of the worker arising from the employment relationship. These receivables can be claimed while the employment contract continues or after it ends.
| Receivable Type | Explanation |
|---|---|
| will receive wages | These are unpaid salary and wage demands. |
| Overtime | Required for work that exceeds weekly working hours. |
| week break | It comes into question if you work during a week break. |
| public holiday | It is related to national holidays and general holiday works. |
| Annual leave fee | Unused leaves are requested upon leaving the job. |
| severance pay | When the conditions are met, it is calculated according to the employee's service period. |
| Notice compensation | It is requested in case of termination without complying with the notice period. |
| Bonus and bonus | It may be requested according to contract or workplace practice. |
Mediation in Business Cases
Applying to a mediator is a condition of litigation in employee or employer receivables and compensation and reinstatement requests. If a lawsuit is filed directly before the mediation process is completed, the case may be rejected due to procedural reasons.
If an agreement is reached in mediation, the dispute can be resolved without filing a lawsuit. If an agreement cannot be reached, a lawsuit can be filed in the labor court by taking the final report.
In Which Court Are Business Cases Filed?
The court in charge of labor disputes is the labor court. In places where there is no labor court, the civil court of first instance may hear the case as a labor court.
In Istanbul, labor cases can be heard in Istanbul, Istanbul Anadolu, Bakırköy or other authorized courthouses depending on the employee's place of employment, the employer's address or jurisdiction rules.
Evidence in Business Cases
In business cases, evidence is of great importance in terms of proving receivables and termination claims. Both the employee and the employer must submit their evidence properly.
| Type of Evidence | Area of Use |
|---|---|
| employment contract | Shows operating conditions. |
| Payroll | Contains fee and payment information. |
| Bank records | Shows salary and other payments. |
| SSI records | Shows working time and insurance notifications. |
| Scoreboard records | It reveals the working days and hours. |
| Witness statements | It is important in working order and overtime claims. |
| camera recordings | It can be used to prove entry and exit from the workplace or event. |
| correspondence | It may indicate termination, mobbing, wage and job changes. |
| workplace records | Supports shift, leave, discipline and performance processes. |
Statute of Limitations in Business Cases
The statute of limitations for labor receivables may vary depending on the type of receivable. Different evaluations may come to the fore in terms of wages, overtime, annual leave, severance and notice pay.
Missing the statute of limitations may make it difficult to collect a justified claim. For this reason, a legal evaluation should be made without delay after leaving the job or after a receivable is incurred.
Labor Law Consultancy for Employers
For employers, employment law consultancy is important to reduce litigation risks. Employment contracts, personnel regulations, disciplinary processes, termination procedures, payroll order and occupational health and safety obligations must be carried out in accordance with the law.
Incorrect termination, incomplete payroll, unregistered payments or failure to keep annual leave records may have serious consequences against the employer. The preventive legal approach reduces these risks.
Legal Support for Workers
Workers can claim their rights in cases such as non-payment of wages, unfair dismissal, mobbing, overtime, working without insurance or work accidents. However, requests must be made in a timely manner and with correct evidence.
Documents signed before leaving work, releases and termination petitions should be carefully examined. Documents signed haphazardly may make it difficult to seek rights in the future.
What is Release?
Release letter is a document stating that the employee has no more receivables from the employer. However, not every release is valid.
For the validity of the release, certain conditions are required in law and judicial practice. Particularly, releases signed under duress or issued without payment during dismissal may be controversial.
Labor Law in Istanbul
In Istanbul, labor law disputes arise in many different sectors and different working models. Plaza workers, factory workers, store personnel, healthcare workers, logistics workers, construction workers and technology industry workers may face different labor law problems.
Since business cases are frequent in Istanbul, mediation, evidence preparation and litigation processes must be carried out carefully. It is important for the employee and employer to evaluate their rights correctly.
The Importance of Working with a Labor Law Lawyer
Labor law cases require attention due to technical calculations and rules of proof. Miscalculation on issues such as overtime, severance pay, actual wage, reinstatement and work accident may result in loss of rights.
Lawyer support is important for conducting the mediation process, preparing lawsuit petitions, presenting evidence and objecting to expert reports.
Legal Support from Attorney Mehmet Emin Kurşun
Correct legal support in labor law disputes helps the process to be carried out properly for both the employee and the employer. Workmanship receivables, severance pay, notice pay, overtime, reinstatement, mobbing, service determination and work accident files should be carefully evaluated.
Attorney Mehmet Emin Kurşun provides legal support in the fields of labor law, labor receivables, work accident compensation, reinstatement, mobbing, overtime, severance and notice pay and employer consultancy in Istanbul.
Things to Know Before Starting the Legal Process
Before starting the labor law process, working hours, wages, insurance records, reason for termination, overtime status and existing documents should be evaluated together. Wrong steps on the part of the employee or employer may lead to serious loss of rights in the future.
It is important for people who have a dispute in the field of labor law in Istanbul to receive legal support before the mediation and litigation process begins. A correctly prepared file helps protect rights more effectively.
Frequently Asked Questions
What is labor law?
Labor law is the field of law that regulates the employment relationship between employee and employer, employee rights, employer obligations and labor disputes.
In which law is labor law regulated?
One of the main sources of labor law is the Labor Law No. 4857. Labor Courts Law No. 7036 is also important in terms of labor courts and mediation.
Who can receive severance pay?
Employees who have worked for the same employer for at least 1 year and whose employment contract has ended in a way that entitles them to severance pay can claim severance pay.
What is notice compensation?
Notice compensation is the compensation that can be claimed in case of termination of an indefinite-term employment contract without complying with the legal notice period.
How to prove overtime?
Overtime; It can be proven by tally records, shift schedules, camera recordings, workplace correspondence and witness statements.
Is mediation mandatory for reinstatement cases?
Yes. It is mandatory to apply to a mediator before filing a lawsuit requesting reinstatement.
Is mediation mandatory in business cases?
Mediation is a condition of litigation in employee or employer receivables and compensation and reinstatement requests. However, work accident and occupational disease compensation cases are excluded from this obligation.
Can an uninsured worker file a lawsuit?
Yes. An uninsured worker can take legal action for service determination and labor receivables by proving his actual work with evidence.
Can I get compensation in case of a work accident?
If physical damage or death occurs due to a work accident, material and moral compensation may be claimed when the conditions are met.
Why is labor law lawyer support important in Istanbul?
Labor disputes in Istanbul are intense and vary according to different sectors. It helps legal support, mediation, evidence, calculations and the correct conduct of the litigation process.
