Employment and social security cases in Turkey are the actions filed in disputes arising from the employment relationship between an employee and an employer, and in disputes under employment and social security legislation to which the Social Security Institution or the Turkish Employment Agency is a party; as a rule, the labor courts hear these cases (Article 5 of the Labor Courts Law No. 7036). This guide summarizes the main types of cases and transactions in employment and social security law by subject group and links to our detailed articles; articles marked "(in Turkish)" are currently available only in Turkish.
What Are Employee Rights and Receivables?
Employee rights are the rights that an employee can lawfully claim while the employment contract continues and after it ends; employment receivables cover wages, travel and meal allowances, overtime, bonuses and premiums, the weekly rest day, national and public holidays, paid annual leave, and severance and notice pay. Benefiting from occupational health and safety measures is also an employee right.
- What Are Employee Rights and What Should Employees Who Are Treated Unfairly Pay Attention To? (in Turkish)
- Employee Receivables: Wages, Overtime, Severance Pay, Notice Pay and Others (in Turkish)
- What Are the Rights of an Employee Who Has Been Dismissed? (in Turkish)
How Do Termination, Severance Pay, Notice Pay and Reinstatement Actions Work?
Severance pay is the payment made by the employer in proportion to the employee's seniority once the conditions set out in the law are met; notice pay is the payment made by the party that terminates an open-ended contract without observing the notice periods. A reinstatement action is the action that an employee who meets the conditions in the Labor Law may file for a finding that the termination was invalid and for reinstatement; mandatory mediation is required before the action.
- What Is Severance Pay, How Is It Calculated and Who Can Claim It? (in Turkish)
- What Is a Notice Pay Action, How Is It Calculated and Who Can Claim It? (in Turkish)
- Reinstatement Action, Job Security and Termination for an Invalid Reason (in Turkish)
- What Is a Fundamental Change in Working Conditions, and What Is a Termination Based on Change? (in Turkish)
How Are Overtime, Weekly Rest Day, Public Holiday and Annual Leave Payments Claimed?
Overtime, weekly rest day and public holiday payments can be asserted by the employee against the employer; if they are not paid, an action can be filed. Annual leave pay can be claimed for leave that is not used at the end of the employment contract. In actions concerning these receivables, mandatory mediation is a condition of the action.
- What Is Overtime Pay, and How Is It Calculated? (in Turkish)
- Weekly Rest Day Pay and the Weekly Rest Day Action (in Turkish)
- What Is the National and Public Holiday Pay Action, How Is It Filed and How Is the Calculation Made? (in Turkish)
- What Is the Annual Leave Pay Action, How Is It Filed and How Is It Calculated? (in Turkish)
What Is a Work Accident, and Which Rights Arise in the Event of a Work Accident?
A work accident is a harmful event that occurs while the employee is carrying out their work at the workplace or outside it upon the employer's instruction and that causes the employee to become physically or mentally disabled, immediately or later, or to die. In the event of a work accident, claims for pecuniary and non-pecuniary damages and a temporary incapacity allowance may arise; a finding that the event was a work accident can also be requested.
- What Is a Work Accident and What Should Be Done in the Event of a Work Accident? (in Turkish)
- Action for the Determination of a Work Accident (in Turkish)
- Action for Pecuniary and Non-Pecuniary Damages Due to a Work Accident (in Turkish)
What Is Mobbing (Psychological Harassment) at the Workplace, and Which Claims Does It Give Rise To?
Mobbing consists of actions, attitudes and behavior that are systematically repeated over a long period and at intervals after the employee has been targeted, and that are humiliating, degrading, psychologically distressing and obstructive to performance. An employee subjected to mobbing may, depending on the nature of the events, raise claims such as an internal complaint, termination of the employment contract for just cause, non-pecuniary damages and a criminal case.
- What Is Mobbing at the Workplace? What Are the Rights of Employees Subjected to Mobbing? (in Turkish)
- Mobbing and Psychological Harassment at the Workplace in the Light of Court of Cassation Decisions (in Turkish)
How Are Maternity, Paternity and Breastfeeding Leave and the Determination of Insured Service Assessed?
Maternity leave is the leave granted to women who are pregnant or have recently given birth; paternity leave provides paid leave to a male employee whose spouse has given birth; breastfeeding leave is the right granted to a female employee for breastfeeding. An action for the determination of insured service is filed so that the social security records of an employee who was never registered or was registered incompletely are corrected to reflect the actual situation and the unpaid premiums are paid.
- What Is Maternity Leave and How Long Does It Last? Maternity Leave Calculation (in Turkish)
- What Is Paternity Leave? How Long Is Maternity Leave for Men? Paternity Leave Calculation (in Turkish)
- What Is Breastfeeding Leave? How Long Is Breastfeeding Leave? Breastfeeding Leave Calculation (in Turkish)
- Action for the Determination of Insured Service, Determination of an Uninsured Period and Payment of Missing Premiums (in Turkish)
Is There a Separate Title of Employment Lawyer?
No. Employment lawyer, employee lawyer or employment case lawyer are the names used for an attorney who handles employment and social security cases; they are not a separate title.
Severance and notice pay, overtime receivables, reinstatement or the determination of insured service can be handled by any attorney registered with a bar association, whether on behalf of the employee or the employer; Article 35 of the Attorneyship Law No. 1136 does not divide this authority by area of law.
In actions filed before the labor court, Article 6 of the Labor Courts Law No. 7036 gives jurisdiction to the court of the defendant's domicile and to the court of the place where the work is performed; if the work was performed in Ankara, the action can also be filed in Ankara. Searches for an "employee lawyer in Ankara", an "employment lawyer in Ankara" or an "employment case lawyer in Ankara" therefore point to attorneys who handle cases before the labor courts in Ankara.
There is no separate title of "severance lawyer" either. In employment receivables such as severance and notice pay and in reinstatement actions, applying to a mediator before filing the action is a condition of the action under Article 3 of the same Law; this stage can be carried out with or without an attorney.
An employee who cannot afford the costs of the proceedings may ask the court for legal aid and, where necessary, for an attorney whose fee is paid later, under Articles 334 and 335 of the Code of Civil Procedure No. 6100. The Advertising Ban Regulation of the Union of Turkish Bar Associations also allows attorneys to describe their areas of practice only "without implying specialization"; there is no official title denoting specialization in employment law.
This article is for general information only and does not constitute legal advice.