Understanding Employment Law and Layoff Processes

In Turkey, dismissal is an important process that ends the relationship between employer and employee. The Labor Law and related legislation regulate the dismissal processes and protect the rights of both parties. In this article, we will examine the dismissal processes and the role of the employment law lawyer in Turkey.

Dismissal Processes in Turkey

Termination processes involve the employer firing the worker and terminating the employment contract. The main points to be considered in the dismissal processes in Turkey are as follows:

1. Notice of termination: The employer must give written notice before dismissing the worker and, if the worker has job security, state the reason for termination clearly and precisely (Labor Law No. 4857, art. 19).
2. Severance pay: The employer must pay severance pay (kıdem tazminatı) on dismissal if the employee has worked for at least one year and the dismissal is not for conduct contrary to morality and good faith (Labor Law art. 25/II); it is 30 days' wages for each full year of service, capped by a ceiling revised every six months (Law No. 1475, art. 14).
3. Notice pay: The employer must give notice in accordance with the statutory notice period (two, four, six or eight weeks depending on length of service; Labor Law art. 17) before dismissing the worker, or pay the wages for that period in advance. Otherwise, notice compensation (ihbar tazminatı) equal to the wages for the notice period must be paid to the worker.

Judicial process: If the worker thinks that she has been unfairly dismissed during the dismissal process, she must first apply to a mediator (mandatory employment mediation, Labor Courts Law No. 7036, art. 3); if no agreement is reached, she can file a lawsuit in the labor court, including through a labor law attorney.

The Role of the Employment Lawyer

Employment law attorneys play important roles in the layoff processes:

1. Legal advice: Employment law lawyers provide employers and workers with information on dismissal processes and relevant legislation and help protect their rights.
2. Support in the dismissal process: Employment law attorneys guide employers in complying with legal requirements in their dismissal process and assist workers in defending their rights.
3. Employment law disputes: Employment law attorneys represent parties and defend their rights in dismissal disputes and litigation.

Points to be Considered in the Dismissal Processes

There are some important points that both employers and workers should consider in the layoff processes:

1. Reasons for termination: An employer can terminate the contract immediately, without notice, only for the just causes listed in art. 25 of the Labor Law. To dismiss a worker with job security with notice, a valid reason related to the worker's capacity or conduct or to the requirements of the business is also needed (Labor Law art. 18). Dismissing such a worker without a valid reason is considered unjustified termination.
2. Job security: Workers in Turkey are entitled to job security under certain conditions (in particular an indefinite-term contract, at least 30 employees at the workplace and at least six months of service; Labor Law art. 18). Workers with the right to job security can request reinstatement when they are dismissed without a valid reason: they must apply to a mediator within one month of the notice of dismissal and, if no agreement is reached, file a lawsuit within two weeks of the final mediation report (Labor Law art. 20).
3. Judicial process: It is important for the employee to work with a labor law attorney during the dismissal process. Lawyers guide workers in defending their rights and assist in the litigation process.

Conclusion

Dismissal processes in Turkey are regulated within the framework of labor law and aim to protect the rights of employers and workers. Employment law attorneys provide guidance and support to employers and workers in the firing process. Employers and workers should have knowledge of labor law issues and work with an experienced employment law attorney in dismissal processes.