LABOR LAW
Labor Law is a branch of law that regulates the relationship between employees and employers. It determines the rights and obligations of the parties at every stage of working life, ranging from the formation of employment contracts to defending employee rights. Labor law cases may arise for various reasons for both employees and employers and can lead to serious legal consequences. In this article, we will discuss important topics related to labor law, such as employment contracts, compensations, occupational safety, employee rights, and employer obligations.
Employment Contracts and Initiating the Process in Labor Law
An employment relationship generally begins with an employment contract. An employment contract is a written or verbal agreement that defines the working conditions between the employee and employer. In Turkey, employment contracts are governed by legal regulations that determine the rights of both parties under labor law. Signing the employment contract is crucial to safeguarding employees' rights.
Employment contracts can be fixed-term or indefinite. In fixed-term contracts, the employment relationship ends when the contract period expires. In indefinite-term contracts, the relationship continues without a set end date. Both the employee and the employer can terminate the contract under specific conditions.
Employee and Employer Rights: Notice and Severance Pay
The relationship between the employee and employer can end with the termination of the employment contract. In such cases, notice pay and severance pay are significant considerations.
Notice Pay
Before either the employee or employer terminates the employment contract, they must notify the other party a certain period in advance. The notice period depends on the employee's tenure at the workplace, and if the contract is terminated without adhering to the notice period, the terminating party must pay notice compensation to the other party.
Severance Pay
If an employee leaves their job after working for a certain period, they are entitled to severance pay. To be eligible for severance pay, the employee must have worked at the company for at least one year. Employees who leave voluntarily (except in certain circumstances) are entitled to severance pay.
Notice and severance pay are important regulations frequently encountered in labor law cases, ensuring the protection of employee rights.
Occupational Safety and Health
Occupational safety is an issue under the employer's responsibility to ensure that employees work in a safe and healthy environment. Occupational safety laws ensure that employees are protected from potential hazards they may face at work. Employers are obligated to provide safety training, supply appropriate safety equipment, and take necessary precautions.
Work accidents and occupational diseases are significant issues that can lead to harm for employees. If such incidents occur, the employee may file a compensation lawsuit against the employer. These rights can be defended through a labor law attorney, and the employee’s losses can be compensated.
Working Hours and Overtime
Labor law also includes regulations on working hours and overtime. In Turkey, the standard weekly working time is generally 45 hours. If this limit is exceeded, the employee is entitled to overtime pay. Employees who work overtime can claim additional compensation on top of their regular wages.
If overtime pay is not provided, employees can file a lawsuit to assert their legal rights and demand payment for overtime work.
Employee Rights and Trade Unions
There are several legal regulations to protect employees’ rights. Trade unions allow employees to organize and defend their rights. Employees have the right to join a trade union, and employers are prohibited from interfering with this right. Employees’ participation in union activities to improve working conditions and defend their rights is a legal right.
Additionally, employees may seek legal recourse in labor courts against unlawful actions by the employer. Cases such as wrongful termination of the employment contract, workplace harassment (mobbing), and similar issues can be resolved through lawsuits filed in favor of the employee.
Conclusion
Labor law is an essential field that ensures balance by protecting the rights of both employees and employers. Topics such as employment contracts, compensations, occupational safety, overtime pay, and trade union rights are the foundational elements of labor law. Understanding their rights and obligations in these areas helps employees and employers avoid legal issues and maintain orderly and healthy work relationships.
Given the complex and technical nature of labor law, it is critical for employees or employers to choose the right legal advisor to ensure the protection of their rights and the proper management of legal processes.