Employment Lawyer in Muğla

Severance pay arises where the employee has worked for the same employer for at least one year and the contract ends in one of the ways listed in the legislation. Those include termination by the employer other than for just cause, summary termination by the employee for just cause, military service, retirement, and termination by a female employee within one year of marriage. It is calculated under Article 14 of Law No. 1475, which remains in force for this purpose.

Notice periods depend on length of service: two weeks where employment has lasted less than six months, four weeks from six months to a year and a half, six weeks from a year and a half to three years, and eight weeks where it has lasted more than three years. These are minimum periods and may be increased by contract. A party that does not comply with the notice requirement must pay compensation equal to the wage for the notice period.

As a rule yes. But where what is described as a resignation is in fact a termination for just cause — unpaid wages, under-declared social security premiums, or a fundamental change to working conditions — it counts as summary termination by the employee for just cause and severance pay is due. This is why the reason for leaving should be stated in writing, and stated correctly.

To benefit from the reinstatement provisions the workplace must employ thirty or more employees, the employee must have at least six months' service, and the contract must be of indefinite duration. The six-month requirement does not apply to employees working underground. Employer's representatives who manage the whole enterprise or workplace and have authority to hire and dismiss are outside these provisions.

The employee must apply to the employer to return to work within ten working days of service of the final judgment. If the employer does not reinstate within one month of that application, it must pay compensation of not less than four and not more than eight months' wages. In addition, up to four months' wages and other entitlements accrued for the period not worked until the judgment became final are paid. If the ten-working-day application is not made, the termination becomes valid.

Overtime is work exceeding forty-five hours per week within the conditions set by law. Each hour of overtime is paid at the hourly rate increased by fifty per cent. Total overtime may not exceed two hundred and seventy hours in a year, and the employee's consent is required. An employee may instead take free time — one and a half hours for each hour of overtime — rather than the increased pay.

Employees who have worked at least one year, including the probation period, are entitled to paid annual leave. The entitlement is not less than fourteen days for one to five years of service inclusive, twenty days for more than five and less than fifteen years, and twenty-six days for fifteen years or more. Employees under eighteen and over fifty are entitled to not less than twenty days. The right to paid annual leave cannot be waived.

An employee whose wage is not paid within twenty days of the due date, other than for reasons of force majeure, may refrain from performing work. Such a refusal is not to be characterised as a strike even if it becomes collective in numbers. The contracts of these employees cannot be terminated for not working and replacements cannot be hired. The highest deposit interest rate applies to wages not paid on time.

Yes, for actions on employee or employer receivables and compensation and for reinstatement claims, together with the related actions to set aside an objection, for negative declaration and for restitution. Where it emerges that proceedings were issued without applying to a mediator, they are dismissed on procedural grounds without any further step being taken.

No. Actions for pecuniary and non-pecuniary damages arising from an occupational accident or occupational disease, and the related actions for determination, objection and recourse, are excluded from the requirement. These may be brought directly before the labour court. Claims such as severance, notice and overtime arising from the same employment relationship do, however, remain subject to mediation.

A party who does not attend the first meeting without a valid excuse is held liable for half of the litigation costs the other party would be entitled to, even if that party succeeds wholly or partly in the action, and half of the attorney's fee calculated under the Minimum Attorney Fee Tariff is awarded against them. Where neither party attends, each bears its own costs.

Documentary records come first: time sheets, entry and exit records, payslips and any electronic tracking data. Where a payslip shows an overtime accrual and the employee signed it without reservation, claiming for that period becomes difficult. Where no written record exists, witness evidence is considered, but applying an equitable reduction to periods established in that way is settled practice.

An employment contract is not subject to any special form unless the law provides otherwise, but contracts with a term of one year or more must be in writing. Where no written contract is made, the employer must within two months give the employee a written document showing the general and specific working conditions, daily or weekly working time, basic wage and any supplements, the pay period, the term if fixed, and the provisions applicable on termination.

Where a probation clause is included, it may not exceed two months. It may be extended up to four months only by a collective agreement. During the probation period either party may terminate without notice and without compensation; the employee's wage and other entitlements for the days worked are preserved. Writing a probation period longer than two months into a contract is a common error and the excess is invalid.

Where a workplace or part of it is transferred by a legal transaction, the employment contracts existing at the date of transfer pass to the transferee with all rights and obligations. The transferee must treat service-based entitlements by reference to the date the employee started with the transferor. Both are jointly liable for debts that arose before the transfer and were due at that date, with the transferor's liability limited to two years from the date of transfer. Transfer alone is not just cause for termination.

Not in every case. A non-competition covenant may not contain restrictions as to place, time and type of work that unfairly endanger the employee's economic future, and its duration may not exceed two years except in special circumstances. A judge may limit an excessive covenant in scope or duration. Its validity also depends on the employee having had access to the employer's customer base or trade secrets.

The employer must obtain a work permit before employment begins and must not start employing the person before it is granted. The date employment starts and the date the relationship ends must be notified to the authorities within the prescribed periods, and social security notifications must match the scope of the permit. Employing a foreign national without a permit carries administrative fines that increase on repetition, and the employer may be held liable for the cost of the person's return to their country.

An employer intending to dismiss collectively for economic, technological, structural or similar requirements must notify the workplace union representatives, the regional directorate and the Turkish Employment Agency in writing at least thirty days beforehand. It counts as collective dismissal where, within one month, at least ten employees are dismissed in a workplace with twenty to one hundred employees, at least ten per cent in one with one hundred and one to three hundred, and at least thirty in one with three hundred and one or more. Termination notices take effect thirty days after the notification.