The employment relationship is a legal relationship in which most people spend the greatest part of their lives and on which they build their economic future. The ending of this relationship, unpaid receivables, an unjust termination or a dispute experienced in the workplace can be extremely wearing, because they directly affect a person's source of livelihood. Employment law is a field with rules of its own that, taking account of the imbalance of power between the parties, protects the employee while also regulating the legitimate interests of the employer. As Av. Aydın, we offer our clients holistic support at every stage, from the formation of the employment relationship to its ending, and from the collection of unpaid receivables to work-accident and compensation processes. Setting the process up correctly from the outset with an experienced Izmir employment lawyer both prevents losses of rights and ensures that the dispute is resolved in a more foreseeable manner.
Our Services as an Employment Lawyer
Labour and employment law is a comprehensive field that encompasses a broad body of legislation, above all the Turkish Labour Law No. 4857 (İş Kanunu), together with social-security regulations and special procedural rules. Our service in this area is not limited to the representation of the employee side; we also provide support, within the scope of representation of the employer, to employers who wish to manage the workplace in a lawful manner and to reduce the risk of dispute. Whichever side of the file it is on, an Izmir employment lawyer must have command of substantive labour law and of the procedural rules, must be able to calculate wage and receivable claims correctly, and must be able to assess the evidence accurately. Our main types of cases and transactions are the following:
- Reinstatement actions: These are actions brought, where an employee within the scope of job security is dismissed without a valid reason being shown or in a manner contrary to due form, to have the invalidity of the termination determined and reinstatement secured. In these actions, meticulous observance of the period for bringing the action and of the prior mediation stage is of great importance.
- Non-reinstatement compensation: The pursuit of the compensation claims that arise where, despite a reinstatement decision, the employee is not taken back into work; this compensation is fixed according to the employee's period of service and is assessed together with the wages for the period spent out of work.
- Severance and notice pay actions: The calculation and collection of the severance pay to be paid to the employee where the employment contract ends under the conditions laid down in the law, together with the notice pay that arises where the notice periods are not observed.
- Overtime (excess work) pay claims: Work carried out beyond the statutory weekly working time must be paid at an increased rate. In overtime claims, the existence and duration of the work are established through witnesses, workplace records and other evidence.
- Wage, overtime and other employee receivables: The calculation of receivables such as unpaid monthly wages, weekly rest, national and general public-holiday (UBGT) pay, annual leave pay, bonuses, premiums and travel-and-meal allowances, and their pursuit by way of litigation or enforcement.
- Unjust and improper termination disputes: The protection of the employee's rights where the employer ends the employment contract without a just or valid reason, or where the termination is not carried out in due form.
- Mobbing (psychological harassment in the workplace) actions: The assessment of claims for moral (non-pecuniary) compensation and related claims where intimidation, exclusion and pressure are applied systematically in the workplace; and the proof of the elements of continuity and systematicity of the mobbing.
- Work-accident and occupational-disease compensation: The claims for pecuniary and non-pecuniary compensation of an employee who suffers bodily harm as a result of a work accident or occupational disease, or of the relatives in the event of death; and the determination of the employer's degree of fault and of the loss that has arisen.
- Service-determination actions: These are actions brought to have the actual period of work and the wage of an employee who has been employed without insurance or with an incomplete declaration determined before the Social Security Institution. As these actions directly affect pension rights, they are of great importance.
- Trade-union rights and collective labour law: Discrimination on grounds of trade-union membership (trade-union compensation), disputes arising from collective bargaining agreements, and transactions relating to trade-union safeguards.
- Drafting and review of employment contracts: The lawful drafting of fixed-term and indefinite-term employment contracts, non-competition and confidentiality clauses, and internal workplace regulations.
- Release deeds and mediation processes: The scrutiny of the validity conditions of the release deeds drawn up when the employment relationship ends, and the effective conduct of the mandatory mediation process, which is a condition precedent to litigation.
- Employer advisory and compliance: Ensuring that the employer's transactions, from recruitment through to the termination process, are conducted in conformity with the Labour Law, that termination notices are drawn up in due form, and that the risk of dispute is reduced in advance.
In all of these types of cases and transactions, an Izmir employment lawyer must plan the file in its entirety, not merely at the moment it is opened, but from the mediation application through to the litigation and enforcement stages. As Av. Aydın, we believe that being able to look at employment law from both the employee's and the employer's perspective provides an important advantage in seeing all the dynamics of the process and in building a balanced legal strategy.
Mandatory Mediation in Labour Cases
In a significant proportion of employment-law disputes, resorting to a mediator before applying to the court has been made a condition of the action. This is a preliminary stage that cannot be skipped, and conducting it correctly directly affects the outcome.
In many labour disputes, such as severance and notice pay, overtime, wage and other employee receivables, and reinstatement claims, an application to a mediator before an action is brought is mandatory. An action brought directly without the mediation stage having been completed is dismissed for want of a condition of the action. For this reason, setting the process up correctly from the outset is of great importance.
In the mediation process, the parties discuss the dispute in the company of an independent and impartial mediator and, where possible, reach agreement. Where agreement is reached, the record drawn up is a binding document having the force of a court judgment; for this reason, the correct calculation of the receivables before the settlement record is signed is of critical importance. A settlement made on the basis of an incomplete calculation may amount to a waiver of the remaining rights, and it is difficult to reverse afterwards. Where agreement cannot be reached, the process moves to litigation with the final record that is drawn up. An Izmir employment lawyer, by calculating the heads of receivable and setting out the party's real rights before sitting down at the mediation table, enables both the employee and the employer to make an informed decision.
Termination of the Employment Contract: Just and Valid Reason
The disputes most frequently encountered in employment law arise from the ending of the employment contract. The legal character of the termination directly determines the right to compensation, the possibility of reinstatement and the obligations of the parties. For this reason, correctly understanding the type of termination is of great importance.
Termination for Just Reason
Termination for just reason arises in the grave situations enumerated in the Labour Law that render it unbearable for one of the parties to continue the employment relationship. From the employee's point of view, situations such as the non-payment of wages, a serious breach of the working conditions or degrading conduct by the employer; and from the employer's point of view, situations such as gravely faulty conduct by the employee towards the employer and conduct contrary to good faith and loyalty, may constitute a just reason for termination. In termination for just reason, the termination must be carried out within the short forfeiting period laid down in the law. In the employee's termination for just reason, the right to severance pay is, as a rule, preserved.
Termination for Valid Reason
For the employer to be able to terminate the employment contract of an employee within the scope of job security, a valid reason must be shown. This reason may stem from the employee's competence, from their conduct or from the requirements of the enterprise. A valid reason is not as grave as a just reason; however, it requires a concrete and consistent justification that establishes that the termination is not arbitrary. A termination that does not rest on a valid reason, or that is not carried out in due form, may become the subject of a reinstatement action. An Izmir employment lawyer meticulously assesses whether procedural rules have been observed, such as the termination notice being made in writing, the taking of a defence statement and the reason being clearly shown; for a single deficiency in these procedural rules may in itself render the termination invalid.
Severance and Notice Pay
Severance and notice pay are among the matters most wondered about at the ending of the employment relationship. These two forms of compensation have different conditions and methods of calculation; they must not be confused.
Severance pay is compensation paid in a certain amount for each full year that the employee has spent in the workplace, corresponding to the employee's labour. In order to become entitled to severance pay, there must, as a rule, be at least one year's period of work, and the employment contract must have ended in one of the ways laid down in the law (for example, the employee's termination for just reason, the employer's termination other than for just reason, retirement, military service, or a female employee's termination on grounds of marriage). In the calculation of severance pay, the employee's last gross wage together with recurring payments such as travel, meal and bonus allowances are also taken into account; for this reason, the correct determination of the fully-loaded wage is the basis of the calculation.
Notice pay, on the other hand, arises on the termination of the employment contract where the notice periods laid down in the law are not observed. The party terminating an indefinite-term employment contract must observe the notice periods, which vary according to the employee's seniority, or pay the wage corresponding to those periods to the other party. Notice pay may arise not only in the employee's favour but also against an employee who leaves work without observing the notice period. An Izmir employment lawyer knows that, in the calculation of these forms of compensation, the correct determination of the fully-loaded wage and of the period of service directly affects the outcome, and prepares the file accordingly.
Overtime and Employee Receivables
Employee receivables lie at the centre of a large proportion of labour cases, and their correct proof is as important as their correct calculation. The heads of receivable that most frequently arise are the following:
- Overtime (excess work) pay: Work carried out beyond the statutory weekly working time is paid at the increased rate of the normal wage. The existence and duration of the overtime are established through workplace records, timesheets, witness statements and other evidence.
- Weekly rest pay: Where the employee is made to work without being able to use their right to weekly rest, increased pay may be claimed for the weekly rest day worked.
- National and general public-holiday (UBGT) pay: An employee who works on official holidays must be paid separately for those days.
- Annual leave pay: The consideration for annual paid leave that has been earned but not granted may be claimed as wages on the ending of the employment contract.
- Unpaid wages, premiums and bonuses: Where the monthly wage and recurring premiums and bonuses are not paid, these too may be claimed by way of litigation and enforcement.
In employee receivables, the most critical matter is the proof of the work and of the receivable. Notwithstanding the existence of certain presumptions in the employee's favour, in heads such as overtime the existence and duration of the work are most often established through witnesses and records. In these cases the court generally has the receivables calculated by ordering an expert examination. An Izmir employment lawyer, by correctly determining the heads of receivable before the action is brought and preparing the evidence in full, forestalls losses of rights.
Work Accident and Occupational Disease
Work accidents and occupational diseases are among the most sensitive areas of employment law, both for the employee and for their relatives. Where an employee suffers bodily harm or dies as a result of a work accident, claims for both pecuniary and non-pecuniary compensation may arise. The employer's obligation to look after the employee and to take occupational health and safety measures arises from the law; the breach of this obligation gives rise to the employer's liability.
What is decisive in work-accident compensation is the employer's degree of fault together with the ratio of the permanent harm (disability) that has arisen in the employee's body; these two elements are most often determined through expert and medical reports.
In these files, whether the employer took the necessary safety measures, whether the employee was given appropriate training, and the parties' respective degrees of fault in the occurrence of the accident are assessed in detail. Pecuniary compensation aims at the loss arising from the employee's loss of working capacity; non-pecuniary compensation aims at redressing the pain and suffering experienced. In the event of death, the relatives deprived of support may also make claims for their own losses. An Izmir employment lawyer emphasises that, in work-accident files, the correct determination of fault and disability and the avoidance of missed time limits are decisive for the right to compensation.
Mobbing (Psychological Harassment in the Workplace)
Mobbing refers to the intimidation, exclusion, belittlement and pressure applied systematically towards a person in the workplace. A one-off argument or a temporary tension is not regarded as mobbing; in order to be able to speak of the existence of mobbing, the conduct must bear the character of continuity, systematicity and an aim to wear the person down. An employee exposed to mobbing may claim non-pecuniary compensation; in grave cases this situation may also give the employee the right to terminate for just reason.
The most difficult matter in mobbing cases is proof; for this conduct most often takes place in an indirect and covert manner. Evidence such as witness statements, correspondence, medical reports and internal workplace communication records is assessed as a whole. An Izmir employment lawyer knows that, in mobbing claims, the orderly gathering of evidence from the outset and the demonstration of the systematicity of the conduct determine the outcome of the case. On the employer's side, conducting management practices in a lawful manner and keeping orderly records against unfounded mobbing claims are of importance.
Service-Determination Actions
A service-determination action is an action brought where an employee who has in fact worked has not been insured at all, or where their actual period of work and wage have been declared incompletely. This action aims at bringing the employee's records before the Social Security Institution into conformity with the truth, and is of great importance in respect of pension rights, the number of premium days and other social-security rights.
Service-determination actions, as they concern public order, are conducted meticulously and the court carries out an investigation of its own motion. The existence of the work is established through evidence such as workplace records, payrolls, witness statements, the statements of other registered employees in the payrolls of the period, and institutional records. In these cases, the correct tracking of the time limits is of great importance; in particular, the forfeiting periods relating to the year in which the work took place must not be overlooked. An Izmir employment lawyer emphasises that, in service-determination files, the preparation of evidence directed at proving the work and the real wage, together with the tracking of the time limits, is decisive.
Limitation and Time Limits in Labour Cases
Employment law is a field that calls for care in respect of forfeiting periods and limitation. The missing of these periods may lead to the complete loss of an existing right. For example, in order for a reinstatement action to be brought, recourse must first be had to a mediator and then to litigation within the short period that runs from the termination notice. A significant proportion of employee receivables, on the other hand, is subject to a certain limitation period; the receivables must be claimed before this period expires.
The moment at which limitation and forfeiting periods begin may vary according to the type of receivable and the character of the termination. For this reason, the correct determination of which receivable is subject to which period, and of when the period begins to run, is a critical assessment that must be made at the very first stage of the file. One of the most concrete benefits of working with an Izmir employment lawyer is that these periods are calculated from the outset and no right is lost through lapse of time. The assessment relating to concrete time limits must be made according to the particulars of each file.
Izmir Employment Lawyer Fees
The employment lawyer's fee is among the matters that most people wonder about at the start of the process. The most important factor determining the fee is the type of case, the number of heads of receivable claimed, the scope of the file and the anticipated workload. Pursuing a single severance-pay claim, and conducting a multi-head receivable file including overtime, UBGT, annual leave and notice pay, or a work-accident compensation, differ greatly from one another in terms of the labour they require. The table below has been prepared to provide a general framework for the pricing; it is intended to show the factors affecting the fee, not a definite figure.
| Type of Transaction / Case |
Main Factors Affecting the Fee |
| Conduct of the mandatory mediation process |
Number of heads of receivable, complexity of the calculation and the negotiation process |
| Employee receivables case (severance, notice, overtime, etc.) |
Number of heads claimed, period of service, density of evidence and witnesses |
| Reinstatement action |
Assessment of the job-security conditions and examination of the termination process |
| Work-accident and occupational-disease compensation case |
Determination of fault and disability, expert process and scope of the file |
| Service-determination action |
Proof of the period of work, institutional records and duration of the proceedings |
| Employer advisory / contract drafting |
Scope of the work, its continuity and the examination it requires |
| Legal advice / preliminary consultation |
Scope of the problem and the examination it requires |
Attorney's fees may under no circumstances be set below the Minimum Attorney's Fee Tariff (Avukatlık Asgari Ücret Tarifesi, AAÜT) published each year by the Union of Turkish Bar Associations (Türkiye Barolar Birliği). This tariff secures the minimum value of the legal service and forms the lower limit of pricing. A fee set above the tariff is agreed freely according to the particulars of the file, the labour to be expended and the need for expertise. In labour cases, it is sometimes seen in practice that a rate fixed over the amount of the receivable is also taken as a basis for the pricing; this too depends on the contract between the parties. As Av. Aydın, once we have assessed your file at the preliminary consultation and clarified its scope, we provide transparent fee information; it would not be a sound approach to commit to a definite figure without examining the concrete file.
It is also necessary to draw attention to a distinction that is frequently confused here. The attorney's fee paid to the lawyer is the consideration for the legal service and rests on the contract between the client and the lawyer. By contrast, the litigation costs are the items paid to the State or to third parties during the case process, such as court fees, expert fees, witness and site-visit costs, and postal and service expenses. These two heads are independent of each other. Moreover, depending on the outcome of the case, the counterparty attorney's fee that the court may charge to the opposing party may also arise; this fee is a concept distinct from the fee agreed with the lawyer. Discussing these heads clearly from the start when working with an Izmir employment lawyer forestalls surprise costs and makes the process predictable.
Who Is the Best Employment Lawyer in Izmir?
One of the questions most searched for online is "who is the best employment lawyer in Izmir". It must be stated honestly that there is no single "best" lawyer valid for every file. The correct expression is not the "best" lawyer but the lawyer most suited to the file. For every employment-law file has circumstances of its own, a type of dispute, heads of receivable claimed and a state of the evidence. A simple severance-pay claim and a complex work-accident compensation or service-determination file require very different expertise and preparation. For this reason, focusing on finding the lawyer suited to the requirements of your file, rather than searching for the "best", is far healthier.
Some criteria that can be considered when choosing a good employment lawyer are the following:
- Experience and area of specialisation: The lawyer's accumulated experience in the field of labour and social-security law, and in disputes similar to the one in your file, is important.
- Command of the calculation and of the file: A good lawyer calculates employee receivables correctly and assesses the evidence, the procedural rules and current practice accurately.
- Communication and transparency: Working with a lawyer who explains the process in an understandable way, presents a realistic picture and makes no inflated promises inspires confidence.
- Accessibility: Being able to reach the lawyer in good time is of critical importance, especially in time-bound transactions such as bringing an action and the mediation application.
- Commitment to professional ethics: A lawyer who makes an honest and realistic assessment, rather than one who gives guarantees such as "we will definitely win the case" or "we will obtain such-and-such compensation", should be preferred.
It is necessary to know that no lawyer can guarantee the outcome in advance in labour cases; for the decision depends on the evidence, on the expert's calculation and on the court's discretion. When choosing an Izmir employment lawyer, preferring a lawyer who assesses your file honestly and clearly explains the possible scenarios, rather than one who promises you a certain result, will be in your interest over the long term. As Av. Aydın, our approach is to avoid inflated promises and to build the strongest legal ground together by presenting our client with a true picture.
The Role and Importance of the Lawyer in Employment Law
Employment law is a field with protective rules of its own, aimed at the balanced conduct of the economic and legal relationship between employee and employer. In this area, the lawyer's role is not confined to bringing an action; the correct drafting of employment contracts before a dispute arises, the conduct of the termination process in due form and the timely claiming of rights are also inseparable parts of this role.
On the employee's side, the lawyer ensures the calculation and collection of unpaid receivables, the conduct of reinstatement and compensation processes against an unjust termination, and the protection of social-security rights. On the employer's side, the lawyer provides support in respect of conducting transactions in conformity with the Labour Law, drawing up termination notices lawfully and reducing the risk of dispute in advance. On both sides, the presence of the lawyer contributes to the process advancing fairly and in a foreseeable manner. Particularly in labour files, where time-bound rights and complex receivable calculations are in question, conducting the process from the very start in the company of an Izmir employment lawyer forestalls losses of rights that are difficult to repair.
Our Approach as Av. Aydın
Labour and employment law is a technical and sensitive field in which substantive labour law, social-security law and procedural law intertwine. The particular circumstances of each file, the type of dispute, the heads of receivable claimed and the state of the evidence call for a different legal strategy. As Av. Aydın, we first assess the file as a whole, examine the heads of receivable and their time limits in detail, and work from the very start of the process to forestall potential losses of rights.
We support our clients in Izmir and the surrounding region at every stage, from the correct setting-up of the mandatory mediation application to effective representation in employee receivables cases, and from reinstatement and work-accident processes to employer advisory. Our aim is not merely to conclude the case; it is to make the process foreseeable by carrying out the receivable calculations correctly from the outset, tracking the time limits meticulously and placing the dispute on the soundest footing. The losses of rights most frequently encountered in labour cases stem from missed forfeiting and limitation periods, mediation settlements made on the basis of an incomplete calculation, insufficient evidence, and the failure to assess procedurally defective termination transactions in good time.
A dispute arising from the employment relationship can be extremely wearing, because it directly affects a person's source of livelihood and their future. Having a legal adviser experienced in the field at your side during this process both protects your rights and ensures that the process advances more predictably and with less strain. Whether you are an employee or an employer, you are welcome to contact our office with any question relating to labour and employment law.
