Employment & Labor Law and Consultancy Services

Employment law is a dynamic and comprehensive branch of law that regulates the relationship between employee and employer, aiming to ensure peace and harmony in working life. Our Adıyaman-based law firm provides Legal legal support to both employee and employer clients within the framework of Labor Law No. 4857 and relevant legislation. We are with you with our experienced staff to resolve problems encountered in business life on a legal basis, prevent loss of rights, and fully fulfill legal obligations.

Preparation and Types of Employment Contracts

The foundation of the employment relationship is laid with the employment contract. A contract that is legally compliant, clear, and understandable prevents many disputes that may arise in the future. Our firm prepares employment contracts suitable for the employer's field of activity and the employee's position (fixed/indefinite term, part/full time, on-call work) and revises existing contracts. In particular, the existence of objective conditions required by the law (such as the work being for a fixed period or the completion of a certain job) must be meticulously examined in order to make a "Fixed-Term Employment Contract". Otherwise, the contract is deemed to be for an indefinite period from the beginning and the employer may face severance-notice obligations.

Reinstatement and Non-Reinstatement Compensation

Employees covered by job security (employees with at least 6 months of seniority in a workplace employing 30 or more employees) have the right to file a reinstatement lawsuit if they are dismissed without a valid reason or if the reason shown is invalid. The purpose of this lawsuit is to determine the invalidity of the termination and to reinstate the employee. Our firm provides services regarding the application for mediation within 1 month from the notification of the termination notice and the follow-up of the litigation process. In case the lawsuit is won and the employer does not reinstate the employee, the collection of non-reinstatement compensation in the amount of at least 4 and at most 8 months of wages and idle time wages up to 4 months is ensured.

Severance and Notice Pay

The most important receivable items that the employee is entitled to upon termination of the employment contract are severance pay and notice pay. An employee who has worked for at least 1 year and whose employment contract is terminated without a just cause is entitled to severance pay. Notice pay comes to the agenda in terminations made without complying with the statutory notification periods. We represent our clients in the processes of calculating the compensation amount (over the dressed gross wage) correctly and filing a lawsuit in case of non-payment.

Distinction Between Just Cause and Valid Reason for Termination

Termination types in labor law differ greatly in terms of their consequences. Termination for just cause (Labor Law Art. 24 and Art. 25) occurs in cases where it cannot be expected from the employee or employer to continue the employment relationship according to the rule of honesty (e.g. violation of moral and good faith rules, health reasons, force majeure) and gives the parties the right to immediate termination. If the employer terminates for just cause (excluding Art. 25/II), they pay severance but not notice pay. Termination for valid reason (employee's competence, behaviors, or business requirements) is valid only for employees covered by job security and requires payment of compensation. Our law firm prevents loss of rights by correctly qualifying the legal nature of termination reasons.

Overtime, UBGT and Annual Leave Wages

One of the most common disputes in working life is unpaid labor receivables. Work exceeding 45 hours per week is considered overtime and must be paid with a 50% increase. Work done on national holidays and general holidays (UBGT) must also be paid separately as a full day's wage. Annual leave wage is the money paid in return for unused leave when the employment contract ends. In the light of payroll examinations, witness statements, and Legal calculations, we ensure that the employee receives the return of their labor.

Service Detection Lawsuit (Uninsured Work)

Unregistered employment (uninsured work) or failure to deposit insurance premiums over the real wage (under-reporting) is a serious violation of rights that directly affects employees' retirement rights. Employees who are employed without insurance or whose premiums are deposited incompletely can gain retrospective insurance days by filing a service detection lawsuit within 5 years after leaving the job. Since these cases relate to public order, the principle of ex officio research applies by the court. Our firm meticulously manages this process with witnesses and precedent wage research.

Work Accidents and Occupational Diseases

Accidents occurring at the workplace or occupational diseases arising from the nature of the work can damage the employee's physical and mental integrity. We have experience in determining the employer's fault status, determination of disability rate, filing pecuniary and non-pecuniary compensation lawsuits, and SSI recourse lawsuits in case of a work accident. We also provide preventive legal services to employers regarding taking occupational health and safety measures.

Mobbing (Psychological Harassment) and Discrimination

Systematic psychological pressure (mobbing) applied in the workplace and discrimination are attacks on the employee's personal rights. Our firm stands by victimized employees regarding filing a mobbing lawsuit, moral compensation claims, and discrimination compensation (not acting equally in hiring or working conditions). We carry out sensitive work on proving mobbing, collecting evidence (e-mails, camera records, health reports), and managing the process.

Mutual Rescission (Ikale) and Remote Work

Mutual termination of the employment contract by the parties (ikale) is a method frequently used in labor law. However, for the mutual rescission agreement to be valid, the employee must have a "reasonable benefit" (usually an additional payment). In addition, in the remote work (home-office) model, which became widespread after the pandemic, the employer's obligations to provide equipment and take occupational health and safety measures continue. Our experienced team provides consultancy on contract amendments and termination processes suitable for new generation working models.

Mediation and Litigation Processes

The mediation process, which is a condition for litigation in labor law, ensures that disputes are resolved more efficient and more economically. Our firm represents its clients in mediation negotiations and concludes the process by filing a lawsuit in Labor Courts if no agreement is reached. We ensure the satisfaction of our clients with our high results rate in reinstatement, receivable, and compensation lawsuits.

In conclusion; as an employment lawyer, we observe the mutual rights of labor and capital and produce fair Support that will contribute to labor peace.