LABOR LAW Istanbul, Turkey
Labor law is a legal disciple that examines issues related to workers’ rights, working conditions, wages of labours, labor unions and employer-employee relations.
Labor law arose from the essential need to protect the labor and to equalize the bargaining power between the employee and the employer. The need for protection of the labor arises from the fact that the labor is in a weak position against the employer due to his dependence on the employer both economically and legally. The labor risks his personality, life and health in order to fulfill his obligations arising from the employment contract. A labor needs to receive his salary in order to live on and take care of his family, while an employer is an investor. It cannot be said that employee-employer relationship, which is not based on equality between parties by its nature, is based on free will of the employee and a fair bargain. Therefore, over time, the State had to introduce regulations protecting rights of the employees by intervening in favor of the employee in the employee-employer relationship, where the balance of power between parties was not equal.
It is seen by Constitution of The Republic of Turkey, Article 49 that principle of protecting the worker is adopted as one of the fundamental rules. According to Article 49 of Constitution of The Republic of Turkey, “Everyone has the right and duty to work. The State shall take the necessary measures to raise the standard of living of workers, and to protect workers and the unemployed in order to improve the general conditions of labor, to promote labor, to create suitable economic conditions for prevention of unemployment and to secure labor peace.” In fact, the principle regarding protecting the worker takes its basis from the principle of the social state. Along with the aforementioned principle, the Constitution also includes other fundamental rights regulated with the aim to protect workers such as working conditions and right to rest and leisure (Article 50), right to organize unions (Article 51), rights of collective labor agreements and collective agreement (Article 53), right to strike, and lockout (Article 54), provision of fair wage (Article 55), health services and protection of the environment (Article 56), right to social security (Article 60).
Employee-employer relationship in today’s Turkey is regulated with many codes, regulations and citations being in the first place 6098 numbered Turkish Code of Obligations, 4857 numbered Labor Law, 7036 numbered Law on the Labor Courts, 6331 numbered Law on the Occupational Health and Safety, 854 numbered Maritime Labor Law, 5953 numbered Law on Press Labor Law, 6356 numbered Law on Trade Unions and Collective Bargaining Agreements, 9783 numbered Law on Social Insurance and General Health Insurance.
Employees and employers may, of their own free will, include all kinds of provisions in the employment contract, provided that they do not violate the mandatory rules of law. In accordance with the rule of honesty, it is necessary to maintain a balance between conflicting interest in the employment contract. Today, unfortunately it cannot be said that the labor acts of his own free will, even during establishment stage of the employment contract. Let alone changing the provisions of the employment contract, the labor cannot even find the opportunity to examine and negotiate terms of the contract, and often has to submit to the conditions determined unilaterally by the employer.
We have observed for many years that most of the problems faced by labors are essential changes made by the employers on labors working conditions against their will, employers abstaining from paying insurance premiums of the labor, non-payment of overtime and weekend work, employers preventing the labor to take their maternity or paternity leaves, unrecorded labor employment, termination of the employment contract by the employer without valid reasons and misbehaviour and abuse conducted by the employer.
MESCI Law Firm, with its team of lawyers specialized in labor law, provides legal services regarding disputes arising from the employee-employer relationship, observes interests of both parties, draws a unique pathway for her clients, encourages parties to settle, makes right moves to ensure a fair balance of party dynamics that takes place in the subject business relationship. Our law firm in Turkey act as proxy of both employees and employers.
OUR RANGE OF SERVICES AS LABOR LAWYERS IN TURKEY
- Employment-industrial accident lawsuits.
- Severance and notice pay lawsuits.
- Material and moral compensation lawsuits.
- Mobbing lawsuits.
- Reemployment lawsuits.
- Action for fixing of period of service.
- Compensation for loss of support.
- Terminating the employment contract with valid and/or rightful reasons by the employer or the employee.
- Preparation of employment contracts.
- Providing legal consultancy to employers and/or employees based on their queries.