What is Labor Law?

 

Labor law is a legal branch that regulates employment relationships. It encompasses contracts between employees and employers, working conditions in the workplace, employee rights, and other matters related to labor law. Labor law protects the rights of employees and employers and establishes their legal obligations. It governs the rights of employees in areas such as hiring, termination, wages, working hours, working conditions, occupational health and safety, employee unions, and strikes. Additionally, labor law ensures that employers treat employees fairly and safeguards the legal rights of workers.

 

Labor Law in Turkey

 

In Turkey, labor law includes regulations regarding the regulation of working conditions for employees, management of trade unions, protection of occupational health and safety, prevention of work accidents, and determination of employee compensations. Labor law introduces legal regulations for employers to pay employees their deserved wages, determine working hours, and create healthy and safe working conditions. The Labor Law contains comprehensive provisions to protect the rights of workers and ensure compliance with legal obligations by employers. It covers topics such as employment contracts, working hours, wages, occupational health and safety, employee unions, employee compensations, and job security. Another significant law in Turkey regulating occupational health and safety is the Occupational Health and Safety Law. This law aims to implement measures for occupational health and safety in workplaces and prevent work accidents. The Occupational Health and Safety Law regulates the precautions that employers must take in the workplace, the necessary measures for the protection of workers, and the health and safety inspections in workplaces. Furthermore, there are regulations related to labor unions in Turkey. The Trade Unions and Collective Labor Agreement Law regulates the establishment and management of labor unions and the negotiation of collective labor agreements. These laws are crucial in protecting the rights of employees and employers and ensuring compliance with legal obligations. Additionally, there are other laws within the legislation in Turkey, such as the Maritime Labor Law, Press Labor Law, and Social Insurance and General Health Insurance Law. In addition to these laws, numerous subordinate regulations aim to implement the laws effectively. The overall purpose of the legislation is to primarily protect the rights of employees and take precautions against various situations.

 

Employment Contracts

 

Employment contracts are agreements made between employers and employees that determine the rights and obligations of the parties in the employment relationship. This contract includes the commitment of the employee to perform a specific job under the control of the employer for a certain period of time and receive compensation in return. To minimize potential risks and protect rights in the future, it is essential to seek support from a specialized legal team when preparing these contracts, as they specify the details of the employment relationship.

Employment contracts are important as they establish the rights and obligations of both the employee and the employer. The employer must determine working hours, wages, leave, holidays, and other working conditions. Additionally, it is necessary to define the employee's working hours, wages, leave, holidays, and other rights through the contract. A fair contract between the employee and the employer prevents disputes in the employment relationship and ensures the protection of the rights of both parties.

 

Lawsuits Arising from Labor Law

 

In the context of labor law in Turkey, there are various types of lawsuits arising from labor law to resolve disputes between employees and employers. Some significant types of labor law cases include:

 

• Compensation Claims: These cases involve the demand for compensation by employees for the termination of their contracts by the employer.

 

• Workplace Accidents and Occupational Disease Cases: These cases are filed when an employee experiences an accident or occupational disease related to their work.

 

• Reinstatement Cases: This type of lawsuit is brought by employees whose employment contracts have been terminated by the employer, claiming invalidity of the termination reason and seeking reinstatement.

 

• Employee Receivables Cases: These cases are filed to collect the employee's entitlements such as wages, overtime pay, leave pay, severance pay, and other rights from the employer.

 

• Union Cases: These refer to cases related to the activities of labor unions. They are filed when the rights of union members are violated or when the activities of unions are hindered.

 

• Job Security Cases: These are lawsuits initiated by employees protected under job security regulations after their employment contracts are terminated by the employer.

 

• Employer's Liability Cases: These cases cover situations where employers fail to fulfill their obligations regarding employee occupational health and safety, leading to lawsuits filed by employees.

 

In addition to these types of cases, there are legal remedies available for other disputes that may arise between employees and employers within the framework of Turkish labor law.

 

Labor Law and Mandatory Mediation

 

Within the Turkish legal system, mandatory mediation in Labor law is considered an alternative method for resolving disputes between employees and employers. Mediation helps lighten the workload of courts while assisting the parties in resolving their disputes quickly and more economically. Mandatory mediation in labor law was introduced with the Labor Courts Act which came into effect in Turkey in 2018. According to this law, before filing a lawsuit in a labor court due to any dispute arising from an employment relationship, the employee or employer must attempt to reach an agreement through mediation. When an employee or employer applies for mediation, the aim is to expedite the mediation process. If the parties fail to reach an agreement during this process, the employee or employer can proceed to file a lawsuit. The success rate of mandatory mediation in labor law cases is quite high. This prevents disputes between employees and employers from being resolved in courts and enables the parties to reach a resolution faster and more economically. To ensure a fair process and avoid any loss of rights, it is advisable to seek assistance from specialized lawyers in the field of labor law during the management of this process.

 

Labor Law Attorney and Its Importance

 

Labor law attorneys are specially trained and specialized lawyers who provide solutions to legal issues encountered in the business world and have expertise in labor law legislation. These attorneys work to protect the rights of employers and employees and ensure their compliance with all legal regulations within the scope of labor law.

The importance of labor law attorneys is significant. This is because labor law is a constantly changing field, and it is necessary to intervene quickly and effectively in any legal issues that arise in the business world. Another important role of labor law lawyers is to ensure that employers and employees sign contracts prepared in accordance with labor law. Additionally, they assist employers in fulfilling all the procedures required by labor law when terminating employees. With the support of labor law lawyers, it becomes possible to resolve disputes between employers and employees through legal means.

Within this framework, with our specialized team, we swiftly resolve all kinds of issues for employer and employee clients, both during the legal process of litigation and pre-litigation processes. The main services we provide include:

 

• Preparation of employment and service contracts.

• Legal consultancy services on workplace transfers or changes in employers.

• Litigation and enforcement proceedings in labor law disputes.

• Provision of consultancy services on occupational health and safety.

• Representation of employees or employers in workplace accidents.

• Consultancy services in termination of employment contract cases.

• Representation of employees or employers.

• Pursuit of determination lawsuits in insurance services.

• Provision of legal consultancy services on justified or unjustified termination of employment contracts, valid or invalid terminations.

• Pursuit of reinstatement lawsuits.

• Filing lawsuits related to severance pay, notice pay, and employee receivables.

• Provision of legal consultancy services on unfair competition and confidentiality agreements.