Employment Law

Labor law is the branch of law that regulates all stages of the employment relationship, from the establishment of the employment relationship between the employee and the employer to its termination, from the determination of working conditions to the protection of wages and social rights.

As Ertan Law & Consultancy, in Bursa we provide legal consultancy and litigation follow-up services to our employee and employer clients in various fields of labor law, from the drafting and review of employment contracts to labor receivables, from termination processes to reinstatement disputes, and from workplace accidents to social security disputes.

In our work, the relevant legislation — primarily Law No. 4857 (Labor Law), Law No. 6098 (Turkish Code of Obligations), Law No. 7036 (Labor Courts Law), and Law No. 5510 (Social Insurance and General Health Insurance Law) — together with current court decisions and application principles, are taken into account.

Our Areas of Practice in Labor Law

Employment Contracts and Working Conditions

The contracts prepared at the beginning of the employment relationship are important for determining the rights and obligations of the parties. We provide consultancy on the drafting and review of employment contracts and the legal assessment of existing contracts.

In this context;

• Fixed-term and indefinite-term employment contracts
• Employment contracts with a probationary period
• Part-time and full-time work
• Remote work and hybrid working arrangements
• Wages and fringe benefits
• Premiums, bonuses, and performance-based payments
• Overtime work and working hours
• Non-competition covenants
• Confidentiality and secrecy obligations
• The employer's right of management
• Changes in duties and positions
• Substantive changes in working conditions

for matters such as these, we provide legal review and consultancy services.

Labor Receivables and Compensation

Correctly determining the wage and compensation receivables that may arise for employees during the continuation of the employment contract or after its termination is important.

With respect to labor receivables;

• Severance pay
• Notice pay
• Wage receivables
• Overtime pay
• Weekly rest day pay
• Pay for national holidays and general holidays
• Annual leave pay
• Premium and bonus receivables
• Fringe benefits such as transportation, meal, and similar
• Other labor receivables arising from the employment contract or legislation

for such items, legal assessment, calculation of receivables, mediation, and litigation processes are carried out.

In the calculation of receivables, not only the bare salary but also regular additional payments of a wage nature and other monetary rights may need to be assessed, depending on the characteristics of the concrete case.

Termination of the Employment Contract

The termination of the employment contract is an act that gives rise to significant legal consequences in labor law. Which party carries out the termination, the reason for the termination, the termination procedure, the notice periods, and the employee's tenure are important in determining the rights and obligations that may arise.

For employers, before termination;

• The legal nature of the termination reason
• Whether a just or valid reason exists
• Whether a defense statement (savunma) must be obtained
• The content of the termination notice
• The employer's burden of proof
• Compliance of the termination procedure with the legislation
• Severance and notice pay risks
• Reinstatement and other dispute risks

are evaluated.

For employees, the legal nature of the termination carried out, the compensation and receivables that may arise from the termination, and the legal remedies to be pursued are examined.

Termination for Just Cause

It is possible for the employee or the employer to terminate the employment contract immediately where the conditions stipulated in the law are met.

Non-payment of the employee's wages, serious violations of working conditions, conduct of the employer or the employee contrary to good faith and loyalty, health reasons, and other cases regulated by law are assessed according to the characteristics of the concrete case.

In asserting a claim of termination for just cause, it is important that the events are correctly established, that the termination notice is prepared lawfully, and that the statutory periods are observed.

Termination for Valid Reason and Reinstatement

For employees covered by employment security, terminations carried out by the employer must comply with the conditions stipulated in the law.

In reinstatement disputes, whether the employee is covered by employment security, the number of employees at the workplace, tenure, the nature of the contract, the content of the termination notice, the validity of the alleged termination reason, and the procedure in the termination process are evaluated.

In addition to determining whether there is a right to reinstatement following the termination, legal assessment is also made with respect to compensation for time not worked, compensation for failure to re-employ, and other labor receivables.

Mobbing, Discrimination, and Equal Treatment

Claims of systematic psychological harassment (mobbing) at the workplace, practices contrary to the employer's duty of equal treatment, and discrimination claims are among the important dispute areas of labor law.

In such disputes, we provide legal support in establishing the events chronologically, evaluating correspondence and other evidence, determining the legal nature of the employer's practices, and examining any compensation or other labor rights.

Overtime Work and Working Hours

Determining working hours in accordance with the legislation and correctly calculating overtime is important for both the employee and the employer.

Receivables relating to overtime work, work for longer hours, weekly rest day, and national and general holiday work are examined by jointly evaluating the working arrangements, payrolls, attendance records, bank payments, workplace records, witness statements, and other evidence.

For employers, consultancy is provided on regulating working hours in accordance with the legislation, keeping records of overtime practices, and conducting payroll processes lawfully.

Annual Paid Leave

The right to annual paid leave is one of the fundamental elements of the employee's right to rest. In terms of the granting of leave, the keeping of leave records, and the determination of pay for unused leave upon termination of the employment contract, workplace records and the working period must be evaluated together.

While calculating receivables for employees' unused annual leave pay, we provide legal consultancy to employers on conducting annual leave processes in accordance with the legislation.

Workplace Accidents and Occupational Diseases

Workplace accidents and occupational diseases are important dispute areas where labor law and social security law intersect.

Legal processes are followed within the scope of the determination of the workplace accident, SGK processes, the employer's liability, fault assessment, and material and non-pecuniary compensation claims arising from the accident.

In addition, for employers, the legal dimension of occupational health and safety obligations, the liabilities that may arise after a workplace accident, and recourse risks are evaluated.

Social Security and Service Determination

Disputes arising from social security legislation may occur in cases such as the non-reporting of insurance, the under-reporting of working days, or the reporting of the premium-based earnings contrary to the truth.

In this context;

• Determination of service
• Determination of insurance status
• Disputes concerning missing days and premium-based earnings
• Disputes relating to SGK procedures
• SGK processes relating to workplace accidents and occupational diseases
• Employers' social security obligations

for such matters, legal assessment and process follow-up are carried out.

Labor Law Consultancy for Employers

For employers, determining legal risks before a dispute arises is as important as acting after a dispute has arisen in labor law.

As Ertan Law & Consultancy, for employers we provide consultancy in the following areas;

• Drafting and updating employment contracts
• Creating personnel procedures
• Preparing workplace regulations and internal rules
• Conducting disciplinary processes
• Assessing defense and termination processes
• Legal risk analysis before termination
• Reviewing release and settlement processes
• Evaluating changes in working conditions
• Reviewing overtime and leave practices
• Legal assessment with respect to occupational health and safety
• Follow-up of labor receivable and reinstatement disputes

in these areas, we offer consultancy.

Labor Law Services for Employees

For employees, knowing the rights they have from the beginning to the end of the employment relationship is important, especially to avoid loss of rights after termination.

In this context;

• Review of the employment contract
• Legal assessment of the termination act
• Calculation of severance and notice pay
• Calculation of overtime and other labor receivables
• Evaluation of annual leave and wage receivables
• Examination of the right to reinstatement
• Legal consultancy on termination for just cause
• Evaluation of mobbing and discrimination claims
• Service and insurance status disputes
• Workplace accident and occupational disease processes
• Mediation meetings
• Litigation and enforcement processes

in these matters, we provide legal support.

Mandatory Mediation and Deadlines

In many disputes arising from labor law, applying to mediation before filing a case is a condition for filing suit. It is important that the mediation process is conducted properly with respect to labor receivables, compensation, and reinstatement claims of the employee or employer.

In particular, in reinstatement disputes, the periods that begin with the service of the termination notice must not be missed. Since the period for applying to a mediator for a reinstatement claim and the period for filing a case after mediation are peremptory, it is important to carry out a legal assessment without delay after receiving the termination notice.

In labor receivables, the statute of limitations is evaluated according to the type of the claimed receivable and the characteristics of the concrete case. The applicable periods for severance and notice pay, wages, annual leave, and other labor receivables must be examined separately.

Therefore, in labor law, it is important that not only whether a receivable exists, but also the periods for application and limitation, are determined at the first stage of the file.

Litigation and Dispute Processes

In disputes arising from labor law, the process is not limited to filing a case. The dispute must first be correctly identified, evidence protected, receivables calculated, the mandatory mediation process conducted, and the litigation strategy determined.

As Ertan Law & Consultancy;

legal assessment → examination of evidence → calculation of receivables and compensation → mandatory mediation → litigation process → collection and enforcement procedures after the decision

we provide legal support at all of these stages.

Since the outcome of every dispute in labor law may vary according to the content of the employment contract, the working period, the form of termination, workplace practices, the wage structure, SGK records, payrolls, correspondence, and other evidence, the concrete case must be assessed separately.

As Ertan Law & Consultancy, in Bursa we provide consultancy, mediation, and litigation follow-up services for the legal needs of employees and employers arising from labor law.