Employment Law Attorney

From the late 18th century onwards, with the emergence of the Industrial Revolution worldwide, the definition of work underwent a major transformation. People whose work was integrated into their daily lives gradually migrated to large cities and began working in jobs that fit within fixed working hours. This transformation of working life due to the Industrial Revolution created new legal problems, and these problems gave rise to a new branch of law called Labor Law.

 

 

Definition of Labor Law

In short, Labor Law is the branch of law that regulates the relationship between employees and employers, their mutual rights and obligations, and aims to resolve disputes between them within the framework of legislation.

 

What is an Employment Law Attorney?

An employment lawyer specializes in labor law and represents either party in disputes between employees and employers.

 

 

Disputes Arising from Labor Law

It is important to know that disputes arising from labor law generally stem from conflicts between employers and employees. Different types of disputes exist depending on the nature of the relationship between the employer and employee. A labor law attorney is responsible for identifying these disputes, filing the relevant lawsuits, and managing the process correctly.

We can briefly list labor law cases as follows:

 

• Labor Claims Lawsuit
• Reinstatement Case
• Service Determination Lawsuit
• Workplace Accident Case

An employment law attorney will file one of the above lawsuits on behalf of their client, depending on the subject of the dispute, and manage the process.

 

 

Labor Claims Lawsuit

An employee has certain rights and entitlements stemming from the law at the workplace where they have been employed. If the employee leaves their job, they can claim these entitlements from the employer through legal action, depending on the type of termination. These entitlements can be listed as follows:

 

• Wage Receivable
• Severance Pay Entitlement
• Severance Pay Entitlement
• Weekly Holiday Pay
• Overtime Pay
• Overtime Pay
• National Holiday and Public Holiday Pay
• Annual Leave Entitlement
• Minimum Subsistence Allowance
• Claim for Compensation for Bad Faith
• Compensation for Discrimination Claim
• Claim for Unjustified Termination Compensation
• Compensation for Failure to Start Employment

 

Since each of these debt items has separate statutes of limitations, interest rates, and interest commencement dates, it is advisable to consult with a specialist Employment Law Attorney

 

 

Reinstatement Case

In some cases, an employer may terminate an employment contract and dismiss an employee based on justifiable or valid grounds under the Labor Law. However, there are also situations where an employee is dismissed by the employer without any justifiable reason. In such cases, reinstatement lawsuits come into play.

According to Article 18 of the Labor Law, an employee with at least six months of seniority and an indefinite-term employment contract with an employer may file a lawsuit for reinstatement if the employer terminates the contract without any valid and justifiable reason according to the law. However, to file a reinstatement lawsuit, the employee must have at least six months of seniority, the employment contract must be indefinite-term, and the workplace must employ thirty or more workers. Furthermore, employer representatives and assistants cannot file reinstatement lawsuits under any circumstances, as they are not covered by job security provisions. Although the six-month seniority requirement applies to employees, this condition does not apply to underground workers.

If the above conditions are met, the employee may file a lawsuit for reinstatement. Following the conclusion of the reinstatement lawsuit, the employee must apply to the employer within 10 working days of the final decision and request reinstatement. If the employer reinstates the employee upon this application, they are obligated to pay the employee compensation for the days they were unemployed, not exceeding 4 months, and other financial assistance such as food and transportation for another 4 months. If the employer does not re-employ the employee, they are obligated to pay compensation for the days unemployed for a maximum of 4 months, but also compensation for other financial assistance ranging from a minimum of 4 months to a maximum of 8 months.

 

 

 

Service Determination Lawsuit

A Service Determination Lawsuit is a type of labor lawsuit that an insured worker can file in cases where their social security declaration has not been made, their premiums have not been paid or have been paid incompletely, their employment has been subject to changes in registration despite continuous work, and their social security registration has been delayed. Accordingly, a service determination lawsuit is a type of labor lawsuit that an insured worker can file against their employer in the Labor Court. Service determination lawsuits are explained in detail in Article 86, Paragraph 9 of Law No. 5510, and a service determination lawsuit can be filed against the employer if the conditions are met.

 

 

What does an employment lawyer do?

An employment lawyerwill act on behalf of their client in all legal processes to resolve disputes arising from labor law, whether for the employee or the employer. They will file necessary lawsuits, make applications to relevant institutions, and explain the process to their clients in the simplest and clearest language. There are various disputes arising from labor law, and different expertise is required depending on the nature of the dispute. , an employment lawyer will provide the best possible service to their client, regardless of the case or dispute, using their knowledge and expertise.

 

 

The Importance of an Employment Lawyer

Working with an expert employment lawyer is crucial for both parties. This is because employment law encompasses a very broad spectrum and always requires a legal perspective. The employee, by virtue of their position, is the weaker party in the employer-employee relationship. Therefore, in any lawsuits they file, they absolutely need to work with an expert employment lawyer . With a good employment lawyer, they can fully collect the amounts they are entitled to. While the employer is the stronger party in this relationship, since our Labor Law is largely structured in favor of the employee, they should also benefit from an expert employment lawyer in lawsuits and other legal processes .

With years of experience, Attorney Ferhat Küle provides the best service to clients from all over Turkey in the field of Labor Law. You can contact us for more detailed information.