Employment law governs the relationship between employee and employer and the rights and obligations arising from it. Most disputes arise from the termination of the employment contract and from unpaid employee receivables. Our firm in Ankara represents both employees and employers before the Labour Courts.
Termination ends the contract with future effect by a unilateral declaration of intent. An employee has the right to terminate immediately for just cause in situations such as non-payment of wages, a fundamental change in working conditions or being subjected to serious mistreatment at the workplace. The employer may exercise the same right in the situations listed in the law, such as conduct contrary to morality and good faith. Termination for just cause must take place within the forfeiture period (hak düşürücü süre) set by law.
Severance pay is paid to an employee who has completed a certain length of service, in the termination situations listed in the law. Notice pay arises where the contract is terminated without observing the notice periods. When an employee terminates for just cause, the right to severance pay arises, but notice pay generally cannot be claimed. Compensation is calculated on the basis of the gross wage including all regular benefits; payments such as travel, meal and regular bonuses are included in the calculation.
In workplaces employing a certain number of workers, the employment contract of an employee who has the length of service required by law and works under an indefinite-term contract cannot be terminated without a valid reason. To have the termination declared invalid, the employee must apply to a mediator within the short period set by law and, if no agreement is reached, bring an action. Missing this period results in the loss of the right.
If the statutory limit on weekly working hours is exceeded, this is overtime, and each hour is paid at the normal hourly wage increased by a set percentage. If the contract sets weekly working hours lower than the statutory limit, work up to the statutory limit counts as work beyond contractual hours and is subject to a different premium rate. In practice, confusing these two concepts leads to incorrect calculations.
For work falling within the night period, a special upper limit on daily working hours applies. If this limit is exceeded, the excess is treated as overtime.
An employee who suffers bodily harm as a result of a workplace accident or occupational disease, and in the event of death those deprived of support, may claim pecuniary and non-pecuniary damages in proportion to the employer's fault. In these cases, determining the degree of fault and the degree of permanent incapacity through examination by a court-appointed expert is decisive.
For employee receivables and reinstatement claims, applying to a mediator before bringing an action is a precondition for bringing the action. Claims for pecuniary and non-pecuniary damages arising from workplace accidents fall outside this scope.
Paying wages on time and in full is the employer's basic obligation. Unpaid wages, annual leave pay, pay for national and public holidays and weekly rest day pay may be claimed in court. Where the amount shown on the payroll differs from the amount actually paid, bank records, witness statements and workplace practices are assessed together.
An employee who completes a certain length of service becomes entitled to paid annual leave, and the leave period increases with length of service. Leave pay cannot be claimed while the employment contract continues; however, when the contract ends, pay for unused leave must be paid. Keeping leave records and signed leave documents is decisive in terms of proof.
Systematic conduct aimed at intimidating an employee may give the employee the right to terminate for just cause and may also form the basis for a claim for pecuniary and non-pecuniary damages. In such claims, it is important that the conduct is continuous and documented; correspondence, changes of duties and witness statements are used as evidence.
A fixed-term employment contract may only be concluded where objective conditions exist. Fixed-term contracts concluded more than once in succession without a substantial reason are deemed indefinite-term from the outset. This distinction has direct consequences for benefiting from job security provisions and for notice pay.
Release agreements drawn up after the employment relationship has ended are subject to the formal requirements set by law. Releases that do not meet these requirements, or that the employee was made to sign under pressure, may be deemed invalid. Whether payment was made through a bank and itemised separately is taken into account when assessing the validity of the release.
An employee who worked without insurance or whose social security contributions were under-reported may bring an action to have their employment determined. The Social Security Institution is also a party to these cases, which concern public order, and the court investigates the facts of its own motion.
