Main Institutions Concerning Labor Law

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Since the change in the management system in our country, the Presidency is the most important institution, especially the executive. Presidential decrees can make regulations within the boundaries drawn by the constitution and ensure that the regulations are carried out.

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Based on this basic logic, the links that regulate working life and have practical benefits are as follows.

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• Presidency

• The Ministry of Labor and Social Security

• Social Security Institution

• Turkish Employment Agency

• international Labor Organization

• Turkish Statistical Institute

• unions

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Basic Concepts of Business Law

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The correct calculation of work and labor receivables primarily depends on mastering the basic concepts.

 

The main problem here is not knowing what a concept or word means. In order to evaluate the legal status of the worker, it also requires knowing the application of the Supreme Court and the courts of appeal.

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Scope of Business Law

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In its broadest sense, all disputes arising between the employee and the employer constitute the scope of this field.

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Despite this, some contracts are included in the Labor Law No. 4857, while others are considered within the scope of the Law of Obligations.

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For these reasons, the scope of the law no 4857 and the scope of the labor law should not be confused with each other.

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The Labor Law No. 7036 clearly shows which types of contracts and labor relations will be heard in labor courts. According to this:

 

• Journalists subject to Law No. 5953.

• Seafarers subject to Law No. 854,

• Employees subject to the Labor Law No. 4857.

• Employees subject to a service contract in the Turkish Code of Obligations No. 6098.

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Labor and Worker Claims Cases

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• Severance Pay Case

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• Notice of Compensation

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• Compensation Case Due to Mobbing

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• Reemployment Litigation

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• Malpractice Compensation Case

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• Balance Term Fee Case

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• Case of Equal Treatment Compensation

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• Idle Time Compensation Case

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• Litigation for Dismissal Compensation

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• Trade Union Compensation Case

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• Fee Claims Case

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• Overtime Pay Litigation

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• Annual Leave Fee Case

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• Road and Meal Fee Litigation

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• Premium Fee Litigation

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• National Holiday and General Holiday ( UBGT ) Fee Case

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• Marriage Compensation Case

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• Military Compensation Case

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• Retirement Compensation Case

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• New Job Search Permit Case

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Labor Law Detection Cases

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• Case for Determination of Service ( Case for Determination of Insurance Period )

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• Case for Determination of Prime Main Earnings

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• Other Detection Cases

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Lawsuits Arising from Work Accident and Occupational Disease

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The person who removes the goods whose exportation is prohibited by law, is punished with imprisonment from one year to three years and a judicial fine of up to five thousand days, unless the act does not constitute another crime that requires a heavier penalty.

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• Material Compensation Case Due to Work Accident

• Lawsuit for Moral Compensation Due to Work Accident

• Case for Determination of Disability Rate

• Case for Determination of Permanent Incapacity Rate

• Objection to the Disability Rate Determined by the Institution

• Case of Deprivation of Support Due to Fatal Work Accident

• Recourse Lawsuits Due to Work Accident

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What is Reemployment Case?

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reemployment lawsuit;It is a lawsuit filed in case the employee is dismissed by the employer with unfair or invalid termination.

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The necessary conditions for filing a reemployment lawsuit are as follows:

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• Must have thirty or more businesses,

• The employment contract must be an indefinite term employment contract,

• The employer is required to terminate the employment contract unilaterally and without a reasonable reason,

• The dismissed worker must have at least six months of seniority.

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It should be noted that; There will be no seniority requirement for workers working in underground works. In order for a reemployment lawsuit to be filed, an application for mediation must be made by the worker within 1 month from the date on which the employee's dismissal or termination notice is given. If the mediation application is negative, a case for reemployment can be filed within 2 weeks.

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With the reemployment lawsuit, a wage will be demanded for the employee's return to the job from which he was dismissed with unfair or invalid termination, and for the 4 months idle time.

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What is a Notice of Compensation Case?

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If the employee wishes to leave the job, he will have to notify the employer regarding the notice period specified in the law. Again, in the event that the employer dismisses the employee, except in cases where the employee is required to be fired immediately, the employer must notify the employee in accordance with the notice periods.

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notice periods; It varies according to the length of time the worker has been working at the workplace, that is, his seniority, and these periods are regulated by the Law. If the employee and employer do not comply with the notice period, the wage of the notice period may be requested as notice compensation.

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The notice periods are regulated in Article 17 of the Labor Law and are as follows:

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• Two weeks starting from the notification to the other party for the worker whose work lasted less than 6 months,

• For the worker whose job has lasted from 6 months to 1.5 years, four weeks starting from the notification to the other party,

• Six weeks starting from the notification to the other party for the worker whose job has lasted from 1.5 to 3 years,

• Eight weeks from the date of notification to the other party for an employee whose job has lasted more than 3 years.

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These notice periods in the law are minimum periods and can be increased by employment contract.

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What is the Labor Claims Case?

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Labor receivables are the wages of workers due to their employment in the workplace. Labor receivables are the general name given to the wages and compensation of workers.

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Compensation receivables such as severance pay, notice pay, bad faith pay, compensation for not starting work, overtime pay, annual leave pay, national holiday and general holiday pay, week vacation pay, travel premium and other wages are workers' receivables.

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If the employee's receivables are not paid by the employer, the employment contract may be terminated by the employee for just cause.

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For the payment of workers' receivables, the worker may file a worker's receivables lawsuit against the employer.

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What is Severance Pay Case?

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If the worker works at the same workplace for at least 1 year and does not quit his job voluntarily based on the existence of a just cause, he will be entitled to severance pay.

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While calculating the severance pay, the calculation is made on the gross wage. The dressed gross wage calculated for each year worked by the worker will be paid as severance pay.

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What is a Work Accident Case? Can material and moral compensation be claimed?

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If the measures in the legislation regarding occupational health and safety are not taken by the employer, a work accident may occur. In case of an occupational accident, the lawsuit that the worker can file for compensation due to the work accident is called work accident lawsuit. In case of work accident, material and moral compensation can be claimed.

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In work accident lawsuits, it will be of great importance that both the employer and the employee represent themselves by proxy in order to avoid any loss of rights in the calculation of the defect rate of the parties.

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What is a Service Detection Case?

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In case the worker is employed without insurance, in case of missing days in his insurance, in case the insurance premiums are paid less than the actual wage, a service determination lawsuit may be filed.

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What is Malpractice Compensation Case?

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An indefinite-term employment contract may be terminated by the employee or employer, depending on the notice periods specified in the law. In case the right of termination is used by the employee or employer in violation of the rules of good faith, the existence of bad faith will be mentioned.

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In case of abuse of the right of termination, compensation in the amount of 3 times the fee for the notice periods should be paid. The lawsuit to be filed regarding the said compensation will be the lawsuit for compensation of bad faith.

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It should be noted that in accordance with Article 17 of the Labor Law, it cannot be mentioned that workers who are covered by job security are entitled to compensation for bad faith. maliceIn order to be entitled to compensation, the worker must not work within the scope of job security.

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How Long Do Labor Law Cases Take?

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The period stipulated by the Ministry of Justice for the resolution of labor law cases is 540 days. Considering the high workload of the courts, the time elapsed due to notifications, the periods requiring expert examination, appeal and Supreme Court examination, labor law cases may take 3 to 5 years in practice. Although a decision can be made between 4 and 18 months in labor courts, which are local courts, this process takes longer if the parties apply to the high court.

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It should also be noted that; It is obligatory to apply for mediation in disputes related to labor law, and in the event that mediation proceedings are negative, a labor law lawsuit may be filed.