PRACTICE AREAS

Labor Law

What is Labor Law?

Labor law is the branch of law that regulates the relationship between the employee and the employer. Its main objective is to protect the rights of the employee, determine the obligations of the employer, and establish a balanced and fair working relationship between the parties. Labor law covers a wide range of topics from individual employment relationships to collective labor agreements, occupational health and safety, and severance pay.

In Turkey, labor law is primarily governed by the Labor Law No. 4857. In addition, many other legal regulations such as the Occupational Health and Safety Law No. 6331 and the Social Insurance and General Health Insurance Law are also important in this area.

Fundamental Principles of Labor Law

The following are key principles considered in the application of labor law:

  • Principle of Protection of the Employee: The employee must be protected due to their weaker economic and social position.
  • Principle of Equality: Employees in the same situation must be treated equally.
  • Principle of Good Faith and Honesty: Both the employee and employer are expected to act honestly while exercising their rights and fulfilling obligations.
  • Mandatory Provisions: Many rules in labor law are mandatory in favor of the employee and cannot be altered to their detriment.

Individual Employment Contract

The individual employment contract established between the employee and employer forms the basis of the employment relationship. This contract can be made in writing or verbally, but written form is recommended for ease of proof.

Topics such as:

  • Job description
  • Working hours
  • Wages and payment times
  • Leave rights
  • Termination conditions

must be clearly stated in the contract. This helps prevent potential future disputes.

Rights of the Employee

Labor law grants a variety of rights to the employee. Some of these include:

  • Right to Wages: The most fundamental right of the employee, and it must be paid on time.
  • Right to Leave: Includes annual paid leave, sick leave, maternity and nursing leave.
  • Notice of Termination: Specific procedures must be followed when terminating an employment contract.
  • Severance and Notice Compensation: Rights to be paid to the employee under certain conditions.
  • Right to Unionize and Collective Bargaining: The right to organize and engage in collective negotiations.

Obligations of the Employer

The employer has numerous responsibilities under labor law, including:

  • Ensuring occupational health and safety
  • Treating employees equally
  • Fulfilling social security obligations
  • Paying wages on time and in full
  • Complying with the terms specified in the employment contract

Legal Remedies for Labor Disputes

Legal remedies are available for resolving disputes that may arise between the employee and employer. Especially in cases involving employee receivables, compensation, or reinstatement claims, mediation has become a mandatory first step.

  • Mediation: The mandatory first step. If no agreement is reached, a lawsuit can be filed.
  • Labor Courts: If the mediation process fails, the dispute can be taken to court.

Conclusion

Labor law plays a crucial role in ensuring a well-functioning work life and establishing a fair balance between the parties. Both employees and employers must know and correctly apply their rights and obligations. Receiving professional legal support in matters related to labor law is extremely beneficial in preventing potential loss of rights in the future. You can contact us for detailed information and legal consultancy services.