Welcome if you are looking for an employment lawyer in Istanbul. Fidelis Law Office provides services with its expert team and professional approach in Labor Law. Common disputes in Istanbul Kozyatağı Labor Law generally arise from labor claims, termination of contracts, severance and notice pay, overtime, payment methods, working conditions, reinstatement, and violations of obligations arising from the employment contract.
Labor Law is fundamentally based on the principle of protecting workers, and solutions to disputes arising from Labor Law are found within laws and procedures designed to uphold this principle. It is beneficial to note that in disputes arising from Labor Law, workers generally have an advantage. However, it is crucial to work with a Kadıköy Labor Law Attorney to avoid the loss of rights, as small errors in initiating or pursuing a case can lead to significant losses. The primary benefit of a Kadıköy Labor Law Attorney in such disputes is ensuring that legal and procedural requirements are correctly met. Therefore, properly establishing the case, tracking deadlines, gathering evidence, and ensuring accurate evaluation and interpretation are vital for favorable outcomes for the worker.
Istanbul Labor Law Attorney
Fidelis Law and Consulting Office operates with a team specialized in Labor Law. We provide services related to disputes arising from the obligations and responsibilities of both employees and employers. Additionally, we handle claims for overtime, public holiday pay, severance pay, salary claims, justified termination of employment contracts, reinstatement requests, and disputes regarding strikes and lockouts, as well as other rights and disputes arising from employment relationships, achieving swift and effective results with high client satisfaction.
Fidelis Law Office offers legal consulting and advocacy services for resolving disputes between workers and employers, drafting employment contracts, and resolving cases arising from Labor Law. You can reach out to us for your search for an employment lawyer in Istanbul.
KOZYATAĞI EMPLOYMENT LAWYER AND WORKER LAWYER SERVICES
As an employment lawyer, we serve our worker clients in the following areas:
- Initiation, follow-up, and management of reinstatement cases
- Initiation, follow-up, and management of severance pay cases
- Initiation, follow-up, and management of notice pay cases
- Initiation, follow-up, and management of cases related to bad faith and mobbing
- Calculation, provision, and collection of overtime and annual leave pay
KOZYATAĞI EMPLOYMENT LAWYER AND EMPLOYER LAWYER SERVICES
As an employment lawyer, we serve our employer clients in the following areas:
- Preparation of employment contracts and necessary documents
- Consulting on necessary safety measures for workplaces and employees
- Implementing measures to protect the rights of employers and employees
- Consulting on the termination of employment contracts considering recent case law and legal updates
- Protecting employer rights in lawsuits initiated by employees
Fidelis Law Office provides legal consultancy and advocacy services in any legal disputes arising between employees and employers or from Labor Law.
COMPETENT AND AUTHORIZED COURT IN LABOR LAW
According to Law No. 7036 on Labor Courts, the competent court for all disputes arising from employment contracts between employees and employers or their representatives is the Labor Court. The competent court for employment disputes is the court at the defendant’s residence or the place where the act occurred. If there are multiple defendants, a lawsuit may also be filed at the residence of one of the defendants. This jurisdiction rule may vary based on the specifics of the case. If a case is not filed in the competent Labor Court, it may be rejected for procedural reasons such as lack of jurisdiction or competence. Therefore, determining the competent court is crucial in disputes arising from Labor Law, and working with a Kadıköy Kozyatağı Labor Law Attorney is essential for the proper handling of the case.
WHO DOES LABOR LAW APPLY TO?
Although the application of Labor Law can be confusing, Law No. 4857 clearly states who it does not apply to, encompassing all workplaces and their employers and employees except for specified sectors and categories. You can learn the most accurate determinations about which law applies to your employment contract and your rights by consulting a Labor Law Attorney.
WHO DOES LABOR LAW NOT APPLY TO?
The following sectors and employment relationships are exempt from the Labor Law as specified in Law No. 4857:
a) Maritime and air transport services,
b) Workplaces with fewer than 50 employees (inclusive) in agriculture and forestry,
c) Any construction work related to agriculture within the family economy,
d) Work done at home without external participation,
e) Domestic services,
f) Apprentices,
g) Athletes,
h) Rehabilitated individuals,
ı) Workplaces with three employees as per Article 2 of Law No. 507.
Labor law No. 4857 will not be applied.
However, the law also provides an exception within these lines of business and accordingly:
a) Loading and unloading operations at ports and docks,
b) Activities conducted in aviation facilities
c) Workshops and factories producing agricultural machinery and tools,
d) Construction work in agricultural enterprises,
e) Park and garden work accessible to the public or an extension of the workplace,
f) Activities related to aquatic product producers not covered by the Maritime Labor Law or classified as agricultural work.
These will be evaluated under Law No. 4857.
PROCEDURE IN LABOR COURTS
To expedite the resolution of cases in Labor Courts, lawmakers have instituted a simple trial procedure. The simple trial procedure outlined in Law No. 6100 includes critical rules regarding response and evidence deadlines, objection periods to expert reports, correction periods, witness notification times, and the burden of materializing evidence. Noncompliance with these rules and deadlines can result in unfavorable outcomes for the parties involved. Therefore, the role of a Labor Law Attorney is significant, as they can speed up the process and achieve more effective results with their solution-oriented approaches and professionalism in typical Labor Law cases.
RESULTS OF NOT PURSUING AN EMPLOYMENT LAWSUIT
For employment lawsuits that are not pursued, a decision for dismissal from the proceedings will be enforced. Unlike other procedural rules, if a case that has been dismissed is left unattended once after its renewal, it will be considered as never having been filed. This results in a waste of time and expenses for the parties and their representatives. Therefore, pursuing employment lawsuits requires great diligence, and having a Labor Lawyer or Employer Lawyer handle this can provide significant advantages during the legal process.
EMPLOYMENT REINSTATEMENT LAWSUIT
The conditions necessary to file an employment reinstatement lawsuit are defined in our Labor Law No. 4857 and are as follows:
- Being Working with an Indefinite Term Employment Contract
According to the labor law, an employment contract can be drawn up as a fixed-term or indefinite-term employment contract. The most important part of this distinction occurs when the contract ends. Apart from this, as a rule, there is no difference between the two contracts in terms of working conditions and rules. In accordance with Article 11 of the Labor Law, in cases where the employment relationship is not concluded for a certain period of time, the contract is considered to be indefinite.
Although, as a rule, in fixed-term employment contracts, a lawsuit for reinstatement cannot be filed because the contract ends with the expiry of the period, since it is prohibited to conclude a fixed-term employment contract more than once in a row unless there is a fundamental reason, in case this situation occurs, an indefinite-term employment contract will start from the beginning of the fixed-term employment contract. It is considered a contract and in such a case, the employee has the right to file a reinstatement lawsuit.
- Employment Under an Indefinite Term Contract:
According to labor law, employment contracts can be either definite or indefinite. The distinction becomes significant when the contract ends. Generally, there is no difference between the two contracts regarding working conditions. According to Article 11 of the Labor Law, if the employment relationship is not bound by a term, it is considered indefinite.
- Termination by the Employer:
An employment reinstatement lawsuit can be filed if the party terminating the contract is the employer. Employees cannot file a reinstatement lawsuit if they themselves terminate the contract.
- At Least 6 Months of Employment:
Another requirement is that the employee must have worked for a minimum of 6 months at the workplace. Employees who worked for less than this period do not benefit from this protection. This condition does not apply to employees in underground work.
- Invalid Reason for Termination:
An employee can file a reinstatement lawsuit if the termination by the employer is not based on a valid reason. The written reasons specified in Article 18 of Labor Law No. 4857 are considered invalid grounds for termination. Thus, terminations based on the following reasons are deemed invalid:
- Trade union membership or participation in trade union activities outside working hours or during working hours with the consent of the employer.
- To be a workplace trade union representative.
- To apply to administrative or judicial authorities against the employer in order to pursue its rights or fulfil its obligations arising from the legislation or contract, or to participate in the process initiated in this regard.
- Race, colour, sex, marital status, family obligations, pregnancy, maternity, religion, political opinion and similar reasons.
- Absence from work during the periods stipulated in Article 74 of the Labour Law in which women workers are prohibited from working.
- Temporary absence from work due to illness or accident during the waiting period stipulated in subparagraph (b) of paragraph (I) of Article 25 of the Labour Code.
- Not Being an Employer's Representative
According to the Labor Law No. 4857, the employer's representatives and assistants who manage and manage the entire enterprise and the employer representatives who manage and manage the entire workplace and have the authority to hire and fire employees do not have the right to file a reinstatement lawsuit.
WHAT IS THE TIMEFRAME FOR FILING AN EMPLOYMENT REINSTATEMENT LAWSUIT?
An employee whose contract has been terminated must apply to the mediation institution for reinstatement within one month from the notification of the termination they believe is invalid, according to the provisions of the Labor Courts Law. This period is a statutory limitation, and if the application is not made within this timeframe, the employee will lose the right to file a lawsuit. A critical point regarding the timeframe is that if the employer issues a termination notice with a notice period, the one-month period is calculated from the date the notice is delivered to the employee, not from the end of the notice period. As Employment Reinstatement Lawyers, we are ready to clarify any questions you may have on this matter.
SERVICE DETERMINATION LAWSUIT
According to Law No. 5510, employing uninsured workers is prohibited, and penalties are imposed on employers who violate this rule. If the employer fails to report the employee's working dates and duration to the Social Security Institution (SGK) or reports them incompletely, the employee will suffer significant losses in terms of wage claims. As soon as the employee becomes aware of this situation, they should consult a Labor Lawyer or a Kozyatağı Labor Law Attorney to file a Service Determination Lawsuit to avoid losing their rights during the period they worked uninsured.
CONDITIONS FOR FILING A SERVICE DETERMINATION LAWSUIT
- The employer has not reported the employment of the worker to SGK.
- The worker is not considered among those without insurance (e.g., unpaid spouses, those serving in the military).
- The work performed by the employee is in exchange for services and occurred at the employer's workplace or its extensions.
In a Service Determination Lawsuit, the plaintiff is the person requesting the determination of service. If the employee dies, their legal heirs (spouse, parent, child) can file this lawsuit.
The defendant is the employer. Previously, the Social Security Institution was also included as a defendant, but now it is only involved as an intervening party. If the employer dies, the lawsuit can be directed toward their legal heirs. If the defendant company is in liquidation, the case should be directed to the Liquidation Administration. Unless the liquidation is completed, a lawsuit must first be filed for the Revival of the Legal Entity to reactivate the company, and subsequently, a Service Determination Lawsuit should be filed. To avoid losing rights in situations involving both subcontractors and principal employers, the lawsuit should be directed at both parties. As a Labor Lawyer, we maintain our services and follow-ups at the highest level concerning Service Determination Lawsuits.
TIMEFRAME FOR FILING A SERVICE DETERMINATION LAWSUIT
As a rule, the employee has the right to file a Service Determination Lawsuit within 5 years, starting from the last year of uninsured or underreported employment. This is a statutory limitation, and if not filed within this period, the employee loses their right to file.
The legal heirs also have the right to file a Service Determination Lawsuit within 5 years from the employee's death. The crucial point is that the employee must not have missed this timeframe while alive. If the employee missed this timeframe, the right to file the lawsuit does not transfer to their legal heirs.
SEVERANCE PAY
The situations in which an employee is entitled to severance pay are regulated in Labor Law No. 4857 and are listed as follows:
- When the employee terminates the contract for just cause.
- When the employer terminates the contract without just cause.
- Employees leaving due to mandatory military service.
- Employees who have completed the required duration and premium payment days for retirement are entitled to severance pay, even if they leave voluntarily.
- Women who leave their jobs due to marriage within one year of their marriage date.
- In the event of the employee's death, the severance pay right of the deceased employee remains.
The employer must pay the employee 30 days' gross salary for each full year worked from the start date of the employment contract. For durations exceeding one year, payment is made at the same rate.
WHAT ARE THE JUST CAUSES FOR TERMINATION BY THE EMPLOYEE?
- The worker who quits the job due to underreporting of the worker's wage to the Social Security Institution has the right to severance pay.
- An employee who quits his job because overtime is not paid has the right to severance pay.
- An employee who leaves his job due to compulsory military service has the right to severance pay.
- An employee who has completed the required period for retirement and the number of premium payment days is entitled to severance pay even if he leaves the job at his own request.
- Female workers who leave their jobs due to marriage within 1 year from the date of marriage are entitled to severance pay.
- If the contract ends with the death of the employee, the deceased employee has the right to severance pay.
- Even though the employee who is sexually harassed at the workplace has reported the situation to the employer, if the necessary precautions are not taken, the employee who terminates the employment contract has the right to severance pay.
In addition to all the above-mentioned items, there are many more justified reasons for termination. A rightfully terminated employment contract will include overtime, annual leave wages and many no-claim benefits. In all these applications, our Istanbul Kadıköy Kozyatağı Labor Law Lawyer team will be happy to assist you with their professional methods.
ISTANBUL KADIKÖY KOZYATAĞI BUSINESS CASE LAWYER FEES 2021
Kozyatağı Labor Law Lawyer fees are determined in accordance with the 2021 Lawyer Minimum Fee Tariff. Kadıköy Labor Law Lawyer fees are explained in the relevant section of the 2021 Lawyer Minimum Fee Tariff. In the relevant part of the tariff, the Kadıköy Kozyatağı Labor Law lawyer fee for 2021 is determined in Article 9 of the second part of the second part of the 2021 Lawyer Minimum Wage Tariff (AAÜT). Although this amount is the minimum amount, it is prohibited for lawyers to take cases below this amount. Since this fee is minimum, fee agreements above this amount can be made between the lawyer and the client in response to the service provided or the request.
While determining the 2021 Kozyatağı Labor Law Lawyer fee, the other source taken as basis is the 2021 Recommended Minimum Fee Schedule Between Lawyer and Attorney, published by the bar association every year. For Istanbul Labor Law Lawyer service, you can review the article titled "Cases Held in Labor Courts" in this tariff. According to this article, the Labor Law Lawyer 2021 fee is determined as 15% of the case value, not less than 9,000 TL, or a minimum of 9,000 TL.
Istanbul Labor Lawyer, contact us about our Istanbul labor case service.
