Labour Law ın Turkey
As your labour law lawyers in Turkey, Viridis Legal Partners, we are here to manage your compliance processes with Turkish labour law, to provide consultancy services from the establishment to the termination of your employment contracts and to provide you with effective services that will enable you to obtain the highest benefit with the least burden in your mediation or labour lawsuits arising from your labour disputes.
What Is Labour Law?
Labour law is a branch of private law that regulates types of dependent work under contracts such as service contracts or employment contracts. The main legislation of labour law in Turkey is Labour Law No. 4857. In addition, the Turkish Code of Obligations, with its provisions regulating the service contract and general provisions on contracts, is also applicable. In addition, the International Labour Law No. 6735 regulating the employment of foreigners in Turkey should also be taken into consideration for immigrants, digital nomads and work permits.
What Is The Definition Of Employment Contract Under Turkish Law?
The definition of the employment contract is made in Article 8 of the Labour Law. Accordingly, it is a contract consisting of one party undertaking to perform work dependently and the other party undertaking to pay wages. Employment contracts are not subject to a special form. However, employment contracts with a duration of one year or more must be made in writing.
In addition, the definitions of labour relationship and the elements of labour relationship such as employee, employer and workplace are defined in Article 2 of the Labour Law. Accordingly, a real person who works on the basis of an employment contract is called an employee, a real or legal person who employs employees or institutions and organisations without legal personality is called an employer, the relationship established between the employee and the employer is called an employment relationship, and the unit in which the material and non-material elements and the employee are organised together by the employer in order to produce goods or services is called a workplace.
What Is Labour Law Lawyer?
Labour law is a field of law that forms the basis of working life and therefore touches everyone’s life. As such, it is essential to obtain legal support from a labour law attorney in processes such as the creation of employment contracts, termination of the employment relationship and the termination of the employment relationship. In Turkey, labour law lawyers are often referred to as labour lawyers or employer’s attorneys depending on the party they represent.
Why Does An Employer Need a Labour Lawyer?
Every employer needs legal support in the regulation of employment contracts and management of termination processes, labour law cases and mediation processes. Especially in Turkey, a foreign employer will need an English-speaking Turkish labour law lawyer for the management of labour law processes. As your labour law attorney in Turkey, we are at your side with our consultancy and litigation services in all kinds of problems arising from labour law, such as the creation of your employment contracts, the legal compliance of your recruitment and dismissal processes, in other words, the termination of the employment contract, compliance with occupational health and safety legislation, mediation and management of your labour law litigation processes.
Why Does An Employee Need a Labour Lawyer?
During the establishment and termination phases of the employment contract, especially in cases such as unfair termination, work accidents, and underpayment of labour receivables and insurance premiums, a worker requires support. As your labour law lawyer in Istanbul, we are at your side for the effective execution and finalisation of your labour lawsuits and mediation processes arising from labour disputes
Lawsuits Arising from Labour Disputes in Turkey
First of all, it should be noted that, except for the cases filed for the receivables arising from occupational accidents and occupational diseases in the labour law, it is mandatory to apply for mediation for labour receivables and reemployment claims.
Leaving aside the social security law, the lawsuits between the employee and the employer generally consist of labour receivables and reinstatement cases.
General Information On Turkish Labour Law
In Turkey, labour receivables include wages, overtime pay, annual leave, national holidays, general holiday pay, week holiday pay, severance compensation and notice compensation.
What is Wage Under Turkish Law?
Wage is defined in Article 32 of the Labour Law as the amount provided to a person by the employer or third parties in return for a job and paid in money. According to the regulation introduced by the Law, wages, premiums, bonuses and all kinds of rations of this nature are paid in Turkish currency at the workplace or to a specially opened bank account. Again, according to Turkish legislation, wages are paid monthly at the latest. However, the payment period may be reduced to one week by labour contracts or collective bargaining agreements. In the termination of employment contracts, it is foreseen as an obligation for the employer to pay the employee’s wage and the benefits that can be measured in money arising from the contract and the Law in full. In Turkish law, the statute of limitations for wage receivables is five years.
What Is The Minimum Wage In Turkey?
As of 2024, the gross minimum wage in Turkey is 20,002.50TL and the net minimum wage is 17,002.12TL. The monthly cost of a minimum wage worker in Turkey to the employer is 23,502.94TL.
How Many Are The Hours of Weekly Work in Turkey?
Working hours in Turkey are regulated as maximum forty-five hours per week. If the employee and the employer agree, the normal weekly working time can be distributed differently to the working days of the week in the workplaces, provided that it does not exceed eleven hours a day.
How to Calculate Overtime Work Wage Under Turkish Law?
Under Turkish Law, work exceeding forty-five hours per week is considered as overtime work. The wage to be paid for each hour of overtime work is calculated by increasing the amount of the normal working wage per hour by fifty per cent.
What Day Is The Week Holiday In Turkey?
With the 394 numbered Week Holiday Law, it is obligatory for private enterprises and public workplaces to work on holiday one day a week. Law No. 2429 also stated that the week holiday in Turkey is Sunday.
Which Day Is The National Holiday In Turkey? What are Turkey’s Official and Religious Holidays?
Turkey’s national holiday is shown by the Law No. 2429 on National Holidays and General Holidays and 29 October, the day the Republic was proclaimed in 1923, is Turkey’s national holiday. The holiday starts from 13.00 on 28 October and continues on 29 October. Official and religious holidays and New Year’s Day, 1 May Day and 15 July are regulated as general holidays in the same law. The official holidays are National Sovereignty and Children’s Day on 23 April, Commemoration of Atatürk and Youth and Sports Day on 19 May and Victory Day on 30 August. Religious holidays are Ramadan and Eid al-Adha(Sacrifice Feast).
How to Calculate National Holiday, General Holiday and Week Holiday Claims?
Since the worker will be entitled to wages even if the worker does not work on these days, the worker’s wage is calculated twice as much on national holidays. Week holiday wage is calculated with two and a half times the wage since it will also be considered overtime.
How is Annual Leave Calculated in Turkey?
First of all, the employee must have worked in the workplace for at least one year in order to be entitled to annual leave. When calculating the duration of annual leave in Turkey, the worker’s seniority is taken into account. The annual paid leave period to be given to the workers is calculated as not less than fourteen days if the service period is from one year to five years, twenty days if more than five years and less than fifteen years, and twenty-six days if fifteen years and more.
What is Severance Pay in Turkish Law?
In Turkey, perhaps the most important item of receivables subject to labour claims is severance pay. An employee who has been working in the workplace for more than one year is entitled to severance pay if the employee terminates the employment contract for just cause, if the employer terminates the employment contract for an unfair reason, if the employee is entitled to retirement, if the female employee terminates her employment contract within one year of her marriage, if the male employee terminates his employment contract due to military service. Severance pay is calculated by calculating the working period in years and multiplying it by the monthly dressed gross wage. The dressed gross wage is calculated by adding continuous benefits such as travel and food to the gross wage of the employee.
What is Notice Compensation in Turkish Law?
In Turkey, when terminating employment contracts, if there is an indefinite-term employment contract and the contract is terminated without just cause and without using the notice period, the parties are entitled to notice pay.
How Can We Assist You?
As Viridis Legal Partners, we are here to guide our clients whether they are a foreign company or individual who faces difficulties while dealing with compliance, mediation and litigation processes under Turkish Law. With our expertise and experience in Turkish Labour Law, we are committed to the highest benefit with the least cost.
Meet Our Labour Law Expert at Viridis Legal Partners
Bringing profound legal expertise to the realm of labour law, Att. Nadide Özdemir is your trusted ally in navigating the intricate landscape of employment law and regulations. Supported by a solid track record and a team of accomplished legal professionals, Att. Nadide Özdemir adopts a personalized approach to every client interaction, providing tailored solutions for employers and employees alike.
Att. Nadide Özdemir, founder of Viridis Legal Partners specializes in a spectrum of labour law issues, offering dedicated support to employers and employees facing diverse challenges in the workplace. Whether you are an employer seeking comprehensive legal guidance or an employee navigating complex employment issues, Viridis Legal Partners is committed to ensuring that your rights and interests are safeguarded.
Trust Att. Nadide Özdemir and Viridis Legal Partners to provide unwavering support, translating your labour law needs into effective solutions while safeguarding your rights at every step.
Experience
Yeditepe University, Faculty of Law - 2016
Marmara University Public Law Master’s Degree - 2019
Founder of Viridis Legal Partners - 2023
Istanbul Bar Association - 57790
Language: English, German, Turkish
Tel: +90 538 289 28 68
E-mail: [email protected]
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