Labour and Social Security Law

Employment law deals with parties of unequal strength, and Turkish law tries to correct that imbalance through rules of interpretation that favour the employee. On the employer's side, following the correct procedure prevents most of the cost that would otherwise arrive later. A large share of dismissal files is lost not because of the reason for the dismissal but because of how that reason was documented.

On the employee's side Reinstatement claims, severance pay and notice pay, compensation for dismissal in bad faith and for trade-union grounds, overtime, weekly rest day and public holiday pay, accrued annual leave, wages declared below their real level, allegations of mobbing, pecuniary and non-pecuniary compensation arising from a workplace accident. The employee's right to terminate immediately with just cause belongs here too: where wages go unpaid, where social security premiums are declared on an understated wage, or where working conditions are substantially changed, the employee may terminate the contract and still qualify for severance pay.

On the employer's side Drafting employment contracts and workplace regulations, running a dismissal properly, taking written defences and keeping records in order, documenting performance and disciplinary processes, non-compete and confidentiality agreements. Even where a dismissal rests on a valid reason, failing to give written notice or failing to take the employee's defence can render it invalid on its own.

Proving overtime As a rule the employee proves overtime. Where attendance records, entry and exit logs or a fingerprint system exist, those come first. Where no records are kept, witness evidence is used; but when overtime is proved by witnesses the courts apply a discretionary reduction to the calculated sum, taking account of leave, sick leave and holiday periods. Where the payslip is signed and shows an overtime accrual, the position for that period can be disputed only by written evidence.

Workplace accidents and social security Determining the degree of fault and the rate of disability, assessing occupational safety and expert reports, defending recourse claims brought by the Social Security Institution (SGK) against the employer; actions to establish unregistered service, determination of the start date of insured employment, pension and premium disputes, objections to administrative fines.

Mediation is compulsory For claims for wages, other entitlements and compensation between employees and employers, and for reinstatement disputes, applying to a mediator before filing suit is a procedural precondition; if it is skipped, the case is dismissed on procedural grounds. Claims for pecuniary and non-pecuniary compensation arising from a workplace accident or occupational disease, and the recourse claims connected to them, fall outside this requirement.

Frequently asked questions

When does the limitation period for severance pay run out? Severance pay, notice pay, accrued annual leave and compensation for dismissal in bad faith are subject to a five-year limitation period running from the date the employment contract ended. A five-year period also applies to entitlements in the nature of wages, such as overtime, weekly rest day and public holiday pay; there, however, the period is calculated separately for each instalment, so only the last five years can be claimed.

What is the deadline for a reinstatement claim? An application to a mediator must be made within one month of the dismissal notice being served. If no agreement is reached, the case is filed with the labour court within two weeks of the date of the final mediation record. The workplace must also employ the number of workers set in the law, the employee must have at least six months' seniority, and the contract must be of indefinite duration.

Can an employee who resigns receive severance pay? An employee who leaves of their own accord does not, as a rule, qualify for severance pay. Where there is just cause, however, such as unpaid wages, premiums declared on an understated wage, or a substantial change in working conditions, the termination does not count as a resignation. The employee bears the burden of proving the just cause, and stating the reason for leaving in writing affects the file considerably.

Is a release document signed on leaving valid? The validity of a release (ibraname) is tied to strict conditions: it must be in writing, drawn up a certain time after the contract ended, state the type and amount of the entitlement clearly, and the payment must have been made in full through a bank. Documents that do not meet these conditions are usually not treated as a release at all, but at most as a receipt.

How do I prove a period worked without registration? Through an action to establish service. In such a case the court examines payroll witnesses, workplace records, statements of people registered at the same workplace in the same period, and official records. The claim is also directed at the Social Security Institution, and because the matter concerns public order the court investigates of its own motion.

Time limits and procedures

• Reinstatement: mediation within one month of the dismissal; the case within two weeks of the record showing no agreement.
• Severance pay, notice pay, annual leave, compensation for dismissal in bad faith: five years from termination.
• Overtime, weekly rest day, public holiday and wage claims: five years, running separately for each period.
• Compensation for workplace accidents and occupational diseases: the general limitation period applies; the short two-year period for torts does not. Where the act also constitutes an offence, the longer criminal limitation period may apply.
• Action to establish service: five years from the end of the year in which the work was performed.
• Competent court: the labour court. Claims against the Social Security Institution to establish service, and premium disputes, are also heard by the labour court.
• Court with jurisdiction: the domicile of the defendant employer or the place where the work was performed. A jurisdiction agreement cannot be made to the employee's detriment.

In employment disputes the outcome takes shape according to the contract, the workplace records, the payslips, witness evidence and the expert calculation. No undertaking as to result can be given at any stage.