Labor & Employment Law Practice

Kuşadası Labor & Employment Law Guide

Labor Law regulates employee-employer relations, ensuring workers receive full statutory compensation while assisting corporate employers in maintaining workplace regulatory compliance. Governed by Turkish Labor Law No. 4857, Occupational Health and Safety Law No. 6331, and Labor Courts Law No. 7036, employment disputes involve mandatory mediation and strict limitation periods. Hocaoğlu Law Firm, led by Attorney Barış Hocaoğlu, provides expert representation in labor litigation across Kuşadası, Aydın, Söke, Didim, and İzmir.

1. Statutory Labor Claims & Compensation Categories (Law No. 4857)

Upon employment termination, several statutory claims may arise under Turkish Labor Law:

• Severance Pay (Law No. 1475 Art. 14): Employees with at least 1 year continuous service are entitled to 30 days gross wage per year worked upon unjust termination or employee termination for just cause (Art. 24). Gross wage includes regular bonuses, food, and transport allowances up to the statutory cap. For calculation rules, consult our guide on Severance & Notice Pay Calculation Rules in Turkey.
• Notice Pay (Labor Law Art. 17): Statutory compensation paid by whichever party terminates employment without adhering to statutory notice periods (2 to 8 weeks).
• Overtime & Public Holiday Wages: Hours worked exceeding 45 weekly hours are compensated at a 50% premium rate. Work performed on national holidays (UBGT) requires double daily pay. Limitation period is 5 years from termination.

2. Reinstatement Lawsuits & Job Security (Labor Law Art. 18 - 21)

In workplaces employing 30 or more workers, employees with at least 6 months seniority holding indefinite employment contracts are protected by job security regulations:

• Mandatory application for statutory labor mediation must be filed within 1 month from receiving formal termination notice.
• If mediation fails to yield agreement, a Reinstatement Lawsuit must be filed before the Labor Court within 2 weeks.
• Winning employees receive 4 to 8 months salary as non-reinstatement compensation plus up to 4 months back-pay if the employer refuses reinstatement.

3. Termination for Just Cause & Workplace Mobbing (Art. 24 & 25)

Non-payment of wages, under-reporting Social Security (SGK) earnings, or psychological harassment (mobbing) entitles employees to immediately terminate employment for just cause under Article 24/II and claim full severance pay.

4. Workplace Accident & Injury Compensation (TCO Art. 49, 53 - 55)

Where employers fail to satisfy occupational safety obligations under Law No. 6331, injured workers or surviving dependents in fatal accidents can file lawsuits for Material and Moral Compensation covering medical costs, lost earning capacity, and loss of financial support.

5. Unregistered Employment Lawsuits (SGK Service Determination)

Under Law No. 5510 Article 86/9, lawsuits for Recognition of Unregistered SGK Service are filed to register undeclared work periods with Social Security. The statutory forfeiture period is 5 years from the end of the year employment ceased.

6. Mandatory Pre-Trial Labor Mediation (Law No. 7036 Art. 3)

Applying for official labor mediation prior to filing litigation for severance, overtime, or reinstatement is a mandatory prerequisite. Signed mediation settlement agreements carry full court decree enforceability.

7. Territorial Jurisdiction (Kuşadası Labor Courts)

Under Law No. 7036 Article 6, venue jurisdiction over labor litigation lies with the court located at the defendant employer's domicile or where the work was performed. Kuşadası Labor Courts hold primary venue jurisdiction for local employment disputes.

Hocaoğlu Law Firm provides comprehensive labor and employment law services for corporate employers and employees across Kuşadası, Söke, Didim, Aydın, and İzmir.