Employment Lawyer

An employment lawyer is a specialist who provides legal advice and representation in resolving disputes arising from the working relationship between employees and employers, drafting contracts and protecting the rights of both parties.

Working life is a highly dynamic area involving complex issues such as severance pay, overtime, workplace accidents and unfair dismissal.

Although the Labour Law generally tends to protect the employee as the weaker party, a procedural error or a missed deadline when pursuing your rights can cause harm that cannot be undone.

The most critical points in employment disputes are "preclusive deadlines" and the burden of proof.

For example, an employee who has been unfairly dismissed must observe very short and strict statutory deadlines in order to file a reinstatement claim or claim unpaid overtime.

For this reason, rather than acting on hearsay at the start of the process, a professional legal roadmap should be drawn up from the very beginning of the dispute.

The right steps — whether in drafting employment contracts in line with the law or during mediation and court proceedings — ensure that justice is done quickly and in full.

To prevent the loss of rights in employee–employer disputes and to conduct the legal process securely and transparently, Bursa Mudanya Law Office provides professional legal support with its team of specialists.

What Is Employment Law?

Employment law is the branch of law that governs the working conditions, union rights, wages, leave and termination of employees working for an employer under a contract of service.

Its main purpose is to protect the employee's fundamental rights against the economically stronger employer and to place workplace peace on a fair legal footing.

Areas of Work of an Employment Lawyer

The role of an employment lawyer is not limited to filing lawsuits. They provide preventive and protective legal services to both employees and companies.

Their core areas of work are:

• Drafting employment contracts and internal company regulations in line with the legislation.
• Representing parties in mandatory mediation meetings.
• Conducting severance pay, notice pay and employee receivables cases.
• Handling reinstatement, mobbing (psychological harassment) and service determination (unregistered employment) cases.
• Managing material and moral damages claims arising from workplace accidents and occupational diseases.

Termination of the Employment Contract and Just Causes

Termination of the employment contract is the most frequent source of legal disputes in working life. When a contract is terminated unilaterally, whether the termination is based on a "just cause" directly determines entitlement to compensation.

Termination for Just Cause by the Employee

Under Article 24 of the Labour Law, the employee may terminate the contract immediately for just cause and becomes entitled to severance pay.

These situations typically include:

• Non-payment, underpayment or late payment of wages, overtime or bonuses.
• Degrading conduct by the employer towards the employee or their family, such as insults, threats or sexual harassment.
• Imposing working conditions that seriously endanger the employee's health.

Termination for Just Cause by the Employer

Under Article 25 of the Labour Law, the employer may dismiss the employee without compensation when certain conditions are met:

• The employee commits theft, abuses the employer's trust or discloses trade secrets (breach of the rules of morality and good faith).
• The employee is absent without excuse or permission for two consecutive working days.
• The employee's absence from work due to their own intentional conduct or the use of alcohol or drugs.

The Most Common Employment Court Cases and Claims

After the working relationship breaks down, the parties usually take legal action for core employee receivables.

Severance and Notice Pay Claims

An employee who has worked for the same employer for at least one year receives severance pay when leaving under the conditions set out in the law.

Notice pay is compensation paid when either party ends the employment suddenly, without observing the statutory notice periods (2 to 8 weeks depending on length of service) before terminating the contract.

Reinstatement: Conditions and Procedure

An employee who has been unfairly dismissed may wish to return to work. A reinstatement claim requires that at least 30 employees work at the workplace, that the employee has at least 6 months' seniority, and that the employment contract is of indefinite duration.

This claim must be initiated by applying to a mediator within 1 month of the notice of termination.

Overtime, Annual Leave and Wage Claims

Work exceeding 45 hours per week is overtime and must be paid at the hourly rate plus 50%.

Annual leave pay cannot be claimed while the employment continues; however, on leaving, pay for all unused annual leave must be paid to the employee in cash based on the last salary.

Mobbing and Bad-Faith Compensation

Psychological violence applied systematically in the workplace to force or intimidate an employee into resigning is called mobbing. Where mobbing is proven, the employee both receives severance pay through termination for just cause and may claim moral damages.

Bad-faith compensation is paid where an employee not covered by job security (for example, at workplaces with fewer than 30 employees) is dismissed for bad-faith reasons, such as having complained about the employer or joined a union.

Mandatory Mediation in Employment Cases

Since 2018 in Türkiye, applying to a mediator is a precondition for lawsuits concerning employee or employer receivables and compensation based on the law or an individual or collective agreement, and for reinstatement claims.

A lawsuit cannot be filed directly in court before the mediation process has been exhausted.

Where Is the Mediation Application Made?

Applications are made to the Mediation Offices at the courthouse in the place where the other party (usually the employer) is domiciled or where the work was performed.

Where there is no office, the application is made to the designated Civil Court of Peace registry.

How Is the Mediation Application Made?

The application can be made in person by filling in the standard forms at the courthouse, or online by a lawyer via the UYAP system with an e-signature. No fee is payable at the application stage.

If no agreement is reached, the mediator draws up a "final report", and the lawsuit is filed in the employment court together with this report.

Competent Courts in Employment Cases

Employment disputes are heard by the Labour Courts. In districts without a Labour Court, cases are heard by the Civil Courts of First Instance.

The court with territorial jurisdiction is the court of the defendant's domicile (individual or company) on the date the case is filed, or the court of the place where the work was performed.

Conclusion

An employment lawyer is the most important professional support for securing redress for the injustices you face at work and ensuring you receive full payment for your labour.

By its nature, employment law is subject to highly detailed procedures, strict application deadlines and rigid rules of evidence.

Even when you are in the right, years of work can be lost simply because of procedural errors, incomplete evidence or poor guidance during mediation.

For this reason, whether you are an employee or an employer, proceeding with a specialist from the start of any dispute is the only way to secure your rights and your future.

Frequently Asked Questions