Labor and Employment Law

Labor and Employment Law

The Importance of Labor and Employment Law

Business life requires a balanced regulation of rights and obligations for both the employee and the employer.

When this balance is disrupted, problems such as unfair dismissal, compensation disputes, unpaid wages, or mobbing arise.

As SVK Law, we offer professional support to both employee and employer sides.

Our goal is to provide preventive consultancy before a dispute arises, and to conclude the process in the shortest and most effective way if it does.

Through our Izmir and Bursa offices, we provide litigation follow-up, mediation, contract audit, and risk analysis services.

The Role of the Attorney in Employment Law

Employment law is a field requiring special expertise due to frequently changing legislation and differences in practice.

A lawyer’s duty is not only to file a lawsuit but to explain the process, potential risks, and rights to the client in advance and to determine strategic steps.

An employment attorney plays a critical role in the following situations:

  • Preparation or termination of employment contracts

  • Reinstatement lawsuit process

  • Compensation calculation (Severance, notice, overtime, etc.)

  • Mobbing and psychological harassment lawsuits

  • Compensation claims due to workplace accidents

Reinstatement Lawsuit

According to the Labor Law, an employee covered by job security can file a “Reinstatement Lawsuit” if they are dismissed without a valid reason.

This lawsuit must be filed within 1 month from the notification of termination.

The Process:

  1. Mediation Application (Mandatory stage)

  2. Filing a Lawsuit (If no settlement is reached)

  3. Court’s Decision for Reinstatement

  4. Employer’s Obligation: To start the employee within 1 month after the decision.

The Result: If the employer does not reinstate the employee, they must pay compensation amounting to 4 to 8 months’ wages.

Severance and Notice Pay

In cases of resignation or dismissal, the types of compensation the employee is entitled to are of great importance.

  • An employee who has worked for at least 1 year gains this right if dismissed for reasons other than “just cause” (misconduct).

  • Calculation: Years worked x Gross Salary.

  • Arises when the notification period prior to termination is not adhered to.

  • If the employee or employer terminates the contract without notice, they pay notice pay.

Attention: These calculations are subject to the ceiling amount and legal regulations that change every year. SVK Law performs compensation calculations in detail according to judicial precedents.

Overtime, Annual Leave, and Wage Receivables

One of the most common disputes for employees is the non-payment of overtime and wage receivables.

Rights:

  • Overtime is work exceeding 45 hours per week.

  • 50% extra wage must be paid for each hour of overtime.

  • Annual leave rights cannot be waived.

Failure of the employer to keep payrolls in accordance with the procedure may lead to unfavorable results in lawsuits.

As SVK Law, we effectively conduct such receivable lawsuits with witness, payroll, and correspondence evidence.

Mobbing (Psychological Harassment) Lawsuits

Mobbing is psychological harassment carried out against an employee through systematic pressure, exclusion, or humiliating behavior. According to Article 417 of the Turkish Code of Obligations, the employer is obliged to protect the employee against such behavior. Proof is essential in a mobbing lawsuit.

Proof in Mobbing Cases:

  • Correspondence, witness statements, reports, and messages are important.

  • In cases of emotional distress, a psychological report can be presented.

  • The court may rule for both pecuniary and non-pecuniary damages.

Workplace Accidents and Compensation Process

Workplace accidents create serious legal liabilities, especially when caused by occupational safety violations. Every action taken after the accident forms the basis of the compensation lawsuit to be filed in the future.

The Process:

  • Accident notification must be made to the Social Security Institution (SGK) within 3 business days.

  • Reports, witness statements, and expert examinations must be collected.

  • Compensation is claimed in proportion to the employer’s fault.

SVK Law manages the process in such lawsuits for both the employee and employer sides.

Required Documents (For Employment Lawsuits)

  • Employment contract (Written or de facto)

  • SGK records and payrolls

  • Notice of termination

  • Witness list

  • Shift logs, correspondence, e-mail documents

  • Medical reports (For mobbing or workplace accidents)

Missing documents slow down the process; therefore, the document list must be completed before the lawsuit.

How Long Does the Process Take?

  • Mediation: 3 weeks – 1 month

  • Reinstatement Lawsuit: 4 – 8 months

  • Compensation and Receivable Lawsuits: 1 – 2 years

  • Appeal Stages: 6 – 12 months

The duration in every case depends on the density of evidence and the court’s workload. SVK Law executes the lawsuit with a scheduled strategy plan from start to finish.

Frequently Asked Questions (Employment Law)

Who can file a reinstatement lawsuit?

Employees working in workplaces with 30+ employees who are covered by job security can file it.

In this case, the employer pays idle time wages (up to 4 months) and non-reinstatement compensation.

Through correspondence, e-mails, witness statements, and psychological reports.

Yes, if the employer is at fault, the right to both pecuniary and non-pecuniary damages arises.

The employee can terminate the contract immediately in cases such as non-payment of wages, bad treatment by the employer, or failure to take health and safety measures.

SVK Law provides strategic defense and consultancy in employment law cases with its Izmir-based structure and Bursa office.

We offer the following specialized services to our clients:

  • Reinstatement and compensation lawsuits

  • Mobbing and workplace accident compensation

  • Drafting and auditing employment contracts

  • Representation in mediation negotiations

“In every file, the goal is settlement and a fast result; if settlement is not possible, it is an effective judicial resolution.”

Labor and Employment Law

Legal support in reinstatement lawsuits, severance and notice pay, overtime receivables, mobbing, work accidents, and mediation processes.

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Other Practice Areas

Labor and Employment Law

Labor and Employment Law

Legal support in reinstatement lawsuits, severance and notice pay, overtime receivables, mobbing, work accidents, and mediation processes.

Family and Divorce Law

Family and Divorce Law

Expertise in uncontested and contested divorce, custody, alimony, matrimonial property regimes, and domestic protection orders.

Enforcement Law

Enforcement Law

Debt collection, enforcement proceedings without judgment, seizure, removal of objection, bankruptcy, and collection management.

Inheritance Law

Inheritance Law

Consultancy in estate distribution, reduction lawsuits, annulment of wills, and reserved portion cases.

Criminal Law

Criminal Law

Effective defense during investigation and prosecution stages; legal representation in detention, arrest, judicial control, and appeal processes.

Frequently Asked Questions

Frequently Asked Questions

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