Reemployment Litigation

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In the event that the employee is dismissed by the employer without a valid reason, a reemployment lawsuit can be filed if the conditions specified in the law are met. With this lawsuit, it is requested that the worker be returned to his job, otherwise at least 4 months of not starting work and payment of 4 months of idle time. For the reemployment lawsuit  mediation application should be made within 1 month from the date of dismissal of the employee or the date of the termination notice. The case must be filed within 2 weeks from the date the mediation file ends with no agreement. Otherwise, the case will be rejected due to the statute of limitations. In order to file a reemployment lawsuit, at least 30 workers must be working at the workplace and the worker who will file the lawsuit must have worked at the same workplace for at least 6 months. The payment of severance and notice indemnities to the dismissed worker does not preclude filing a reemployment lawsuit.

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Severance Pay Case

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Severance pay is the type of compensation that the worker will be entitled to under certain conditions as a result of the worker's working at the same workplace for at least 1 year, as a result of his wearing away during his work in this workplace. Due to its legal nature severance pay is not a fee but a compensation claim.

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In the calculation of severance pay, the dressed gross wage is taken as basis. Severance pay is paid in the amount of an average dressed gross wage for each year worked by the worker. Employees who resign under normal conditions are not entitled to severance pay. However, if the worker has a justifiable reason, he will be entitled to severance pay even if the worker terminates the employment contract himself.

 

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Notice of Compensation

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If there is no legal reason for the employee to leave the job immediately, the notice period is the period during which he/she must notify that he/she will leave the job before leaving the job. Likewise, if the employer dismisses the employee without a reason that requires immediate dismissal, he is obliged to comply with the notice periods.

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Notice periods are the periods determined by law according to the period of time the employee worked at the workplace. Both the employee and the employer will comply with these periods and the business relationship will continue during the notice period, or the fee for the notice period termination benefitsIt will be paid as  . An employee who leaves the job voluntarily is not entitled to notice compensation, even if his departure is based on a just cause.

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Overtime Litigation

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​4857 According to Article 63 of the Labor Law, work exceeding 45 hours per week is overtime. A worker who works overtime should be paid 1.5 hours' wage as overtime wage in return for 1 hour of overtime work. Otherwise, for this reason, the employee may leave the job and demand the payment of both severance pay and overtime.

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In the proof of overtime, payroll records, workplace entry-exit lists, PDKS records, witness statements of other workers who have worked in the same workplace can be shown as evidence.

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Service Detection Litigation

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​Service determination lawsuits are the lawsuits filed in cases such as the employee's work without insurance, missing days in the insurance, failure to pay insurance premiums over the real wage. Social Security Institution is also involved in service determination cases. These cases are of public order.

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As a result of the service determination lawsuit, it is not decided to pay any money to the employee. In other words, the employee will not be able to obtain any material benefit as a result of this lawsuit. On the other hand, it will be decided that the worker's insurance premiums will be paid to the SSI, thus preventing the worker's loss of rights due to the lack of insurance premiums.

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Accidents at work

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Occupational accidents are unfortunately frequently seen in our country and occur due to the failure to take occupational health and safety measures. In this sense, an occupational accident lawyer provides legal support to both workers and employers and follows work accident cases for compensation claims arising from work accidents.

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In this sense, our expert work accident lawyers carry out the relevant litigation processes meticulously in terms of both work accident compensation and work accident criminal cases. Occupational accident lawyer is important in calculating and litigating the compensation receivables of the worker in accidents that occur with the fault of the employer in occupational accidents.

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Labor Claims Case

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Labor claims are the general name given to the wages and compensations arising from the law arising from the employee's work at the workplace. Receivables such as severance and notice pay, wages, premiums-bonus, travel and meal fees, national holidays and general holiday pay, weekly holiday pay, overtime can be given as examples of labor receivables. The employee's rights and receivables in return for his work must be paid by the employer when due. However, in case of a contrary situation, it may be necessary to initiate legal proceedings. In case the labor receivables are not paid in full and on time, this provides the employee with the opportunity to terminate the employment contract with just cause.

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In the event that labor receivables are to be the subject of a lawsuit, the statute of limitations is important for the worker not to lose his rights. With the amendment made in the Labor Law after 01.01.2018, the statute of limitations for some of the labor receivables has been shortened. While the statute of limitations for severance and notice receivables is 10 years for those who quit their job before 01.01.2018, it is 5 years for those who quit after this date.

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The statute of limitations for these receivables starts from the date the employment contract is terminated. The issue that is often confused in practice is the statute of limitations foreseen in terms of overtime wages. The statute of limitations begins from the date on which the claim is acquired. Overtime wages are earned at the end of each month worked. Accordingly, if the overtime receivables are not requested within 5 years from the month in which they are entitled, they will expire.

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Rightful Termination

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It is determined whether the workers can benefit from rights such as severance pay, notice pay, and sometimes whether they will be liable for certain obligations such as penal clauses, depending on the reasons for termination. It is of particular importance for a worker who quits his job to be able to benefit from these rights in return for years of work.

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If the employee terminates without relying on it, even though he has a just cause, he may be deprived of rights such as severance pay, which is the equivalent of years of work. This is where the importance of the reason for the termination of the employment contract emerges. Article 24 of the Law regulates the justifiable grounds for termination of the worker.

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In case of existence of one of these termination reasons, the employee may terminate the employment contract based on these justified reasons, whether the term is definite or indefinite. It should also be noted that if the worker has justifiable grounds for termination, he may terminate the employment contract immediately without the need to comply with the termination notice period listed in Article 17 of the Labor Law. In this respect, it differs from temporary termination. In fact, for some justified reasons, the necessity of exercising the right of termination within a certain period has been put forward. Regulation on the subject 4857 p. It is clearly stated in Article 26 of the Labor Law, titled “Time to exercise the right of immediate termination”.