Labour Law
Experienced legal support in protecting employee and employer rights and resolving workplace disputes.
Labour law is a branch of law that regulates relations between employees and employers in working life and represents one of the most concrete manifestations of the social state principle. Shaped within the framework of Labour Law No. 4857, the Code of Obligations, the Labour Courts Law and social security legislation, this field spans a wide spectrum from individual employment relationships to collective labour disputes. Efeo�lu Law and Consultancy provides effective solutions for both employees and employers facing labour law issues.
Reinstatement Claims
Where an employee covered by job security provisions has their contract terminated without valid reason, they may bring a reinstatement claim. This claim must be filed within one month of notice of termination and is resolved through court proceedings or mediation.
- Legal assessment of the notice of termination
- Management of the mediation process
- Filing and conducting reinstatement proceedings
- Claiming compensation for non-reinstatement and wages for the idle period
Severance and Notice Pay
Severance pay is one of the most important employee rights that accrues over the years. Its calculation takes into account final salary, bonuses, premiums and other regular payments. Errors in limitation period and interest calculations can result in the employee losing a significant portion of their entitlement.
- Calculation of severance pay and determination of its legal basis
- Notice pay claims
- Pursuing compensation entitlements with interest and limitation period analysis
Enforcement proceedings may be required for the collection of severance and notice pay arrears. Please see our work in Enforcement and Bankruptcy Law for more information.
Overtime and Wage Arrears
Overtime pay, annual leave entitlements, weekly rest and public holiday pay are among the most common areas of dispute for employees. Evidence processes based on bank statements, payroll records and witness testimony are of particular importance.
- Calculation of wage arrears
- Filing overtime pay claims
- Developing strategy on the law of evidence
Workplace Bullying (Mobbing) Claims
Systematic psychological pressure, humiliation or exclusion in the workplace is defined as "mobbing" and requires legal sanction. Moral damages claims and termination of the employment contract on just grounds are the primary legal instruments in this process.
- Guidance on documenting acts of mobbing
- Filing psychological harassment compensation claims
- Proper service of notice of justified termination
Workplace Accidents and Occupational Diseases
Claims arising from damage caused by workplace accidents and occupational diseases are pursued both through the SGK and before the labour courts. Fault assessment, income loss calculation and moral damages claims are integral parts of this process.
- SGK notifications and management of processes
- Determination of employer and third-party liability in compensation claims
- Calculation of compensation according to permanent incapacity rate
Employer Advisory
For employers, labour law compliance is a strategic investment both in preventing legal risks and in improving employee satisfaction. Providing legal assurance in personnel management processes pre-empts potential litigation.
- Drafting employment contracts and workplace regulations
- Management of collective redundancy processes
- Establishing workplace disciplinary and grievance procedures
- Drafting non-compete and confidentiality agreements
For the legally sound structuring of employment contracts and workplace regulations, please see our work in Contract Law.
Frequently Asked Questions
I was dismissed � can I claim severance pay?
To be entitled to severance pay, you must have worked for at least one year and your employment contract must have been terminated under specific conditions. Severance pay is payable upon wrongful dismissal, retirement, military service or a woman's resignation upon marriage. Voluntary resignation generally does not give rise to severance pay; however, if there are grounds for constructive dismissal, the position changes.
What should I do if I am a victim of workplace bullying (mobbing)?
Proving allegations of mobbing is difficult; therefore, carefully preserving evidence such as work messages, emails, witness statements and reports is critically important. It is advisable to seek legal assistance for the process of applying to the occupational physician, recording complaints in writing and, where necessary, filing a complaint with the Ministry of Labour and Social Security.
I was injured in a workplace accident � what compensation can I claim?
If permanent or temporary incapacity resulted from a workplace accident, income may be connected through the Social Security Institution (SGK); material and moral damages may also be claimed from the employer according to the degree of fault. Limitation periods for such claims are short, so it is important to obtain legal advice without delay following the accident.
There is a non-compete clause in my employment contract � is it binding?
Non-compete clauses are valid under certain conditions: the duration must not exceed two years, the geographic and subject-matter restrictions must be reasonable, and appropriate compensation or consideration must be provided to the employee. Non-compete clauses that do not meet these conditions may be declared partially or wholly invalid.
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