Labor Law Litigation and Dispute Resolution

Labor law is a branch of law that regulates the relations between the employee and the employer and protects the rights of the workers. It is important to solve the problems experienced in working life, to determine the working conditions and to define the obligations of the parties to each other. Below you can find some of the key elements and concepts of labor law:

1. Definition of Employee and Employer

– Worker: A natural person who works as a dependent on another person with an employment contract.

– Employer: It is the natural or legal person who employs workers in the workplace and provides organization to their work.

2. Employment Contract

– Labor law establishes the rules of the employment contract. An employment contract is an agreement between the employee and the employer that determines the working conditions.

– Employment contracts can be of a fixed term (employment contract for a fixed term) or of indefinite duration (employment contract for an indefinite period).

3. Working Conditions

– Labor law covers the conditions of employment; It regulates issues such as working hours, overtime, rest periods, wages, holiday rights.

– The worker must be employed in accordance with national and international labor standards.

4. Workers’ Rights

– Workers have rights such as working hours, health and safety, rest, vacation, union rights, notice period in case of dismissal and severance pay.

– There are various laws and regulations that protect the rights of workers.

5. Business Disputes

– Labor law regulates disputes between the employee and the employer. The worker can complain or file a lawsuit in the face of situations that violate their rights.

– Labor courts are authorized to resolve disputes related to employee-employer relations.

6. Right of Termination

– The employment contract can be terminated by the employee or the employer. The termination process must be carried out in accordance with certain procedures. If the employee feels that he or she has been unfairly dismissed, he or she can file a reinstatement lawsuit.

7. Unionization and Collective Bargaining

– Labor law also regulates the rights of workers to join trade unions and collective bargaining agreements. Trade unions are an important tool for protecting the interests of workers.

8. Legal Regulations

– Labor law in Turkey is regulated by laws such as the Labor Law No. 4857 and the Trade Unions and Collective Bargaining Law No. 6356. These laws constitute the basic framework of the employee-employer relationship.

There are different types of lawsuits in labor law and we provide professional services with nearly 20 years of experience in all of these cases.

As Terlemez Law Firm, some of the services we offer to our domestic and foreign clients within the scope of expert lawyer labor law;

• Termination of employment contract,
• Work accidents and compensation lawsuits arising from work accidents,
• Reinstatement cases,
• Severance and notice pay claims
• Cases of determination of insurance,
• Cases of interpretation of the contract,
• Social insurance cases and disputed cases that may arise from all kinds of Labor Law.
• Labor Law Consultancy Services
• Supervision and implementation of the employment contract,
• Preparation of the termination phase of employment contracts, carrying out termination audits in accordance with the contract,
• Issuing necessary releases and warnings in the field of labor law,
• Preparation and supervision of employment contracts,
• Checking the compliance of the workers’ words and behaviors with the contract,
• Auditing and supervising the employee’s personnel file, annual paid leave book, attendance schedules, employee payrolls,
• Auditing the obligations of the employer regulated in accordance with the labor law and making the deficiencies in accordance with the law,
• Supervision and regulation of the employer’s trade union rights and activities,
• Conducting TIS examinations and auditing compliance with TİS,

Foreigners Citizenship Law

Foreigners law is the branch of law that regulates the legal status, rights, obligations and conditions of entry, residence and work of foreigners in a country. There are various laws and regulations regarding the legal status of foreigners in Turkey. The conditions for obtaining citizenship in Turkey are based on the Turkish Citizenship Law. Below are the basics of these topics:

Foreigners’ Law

1. Entry, Residence and Work Permits:

– Foreigners must obtain a passport and visa (if necessary) in order to enter Turkey.

– Foreigners must obtain a residence permit in order to reside in Turkey. Residence permits are issued based on various reasons (student, work, family, etc.).

– Foreigners must obtain a work permit in order to work in Turkey. A work permit is required by employers under certain conditions.

2. Rights of Foreigners:

– Foreigners have certain rights in Turkey. These include rights such as receiving legal assistance and benefiting from health services, and are subject to legal regulations in Turkey.

3. Entry of Foreigners into the Country and Extradition Procedures:

– Turkey, in accordance with its international obligations and its own internal regulations, may deport foreigners who are found to have entered or resided in the country illegally.

Conditions for Obtaining Citizenship in Turkey

There are various ways and conditions for foreigners to obtain Turkish citizenship in Turkey:

1. Citizenship by Birth:

– If the child is the child of a parent who is a Turkish citizen, he becomes a Turkish citizen by birth.

2. Subsequent Citizenship:

– Foreigners can subsequently apply for Turkish citizenship under certain conditions. Some of the requirements are:

– Five-Year Residency*: Having resided in Turkey for at least 5 years without interruption.

– Well-being: There is no objectionable situation in terms of public order and security (i.e., no criminal record).

– Economic Situation: Having sufficient financial situation to support one’s life in Turkey.

– Having a Business or Profession: Working in Turkey or having established a specific business can also be advantageous.

– Family Relationship: Foreigners who are married to a Turkish citizen have the right to apply if they meet certain conditions.

3. Special Cases:

– There is also the process of acquiring Turkish citizenship with the facilities and advantages in certain cases by foreigners applying to Turkey in writing, for example, priority may be given to people who will benefit Turkey’s national security or foreigners who contribute to scientific studies.

4. Children’s Citizenship:

– Children born to Turkish citizens have Turkish citizenship. In addition, a foreign child of a Turkish citizen mother or father can also obtain Turkish citizenship under certain conditions.