Cosar & Akkaya Law Firm has a well-known practice in the area of Turkish Labour Law and is currently advising to a wide range of clients in different sectors particularly in compliance, strategy development, and litigation matters. We frequently advise our clients in their needs to comply with the obligations arising from Turkish labor law and actively take part in mediation and litigation.
Labour force is one of the most essential elements of the economic life and Turkish labour laws and regulations are highly developed and strictly enforced. Accordingly, Cosar & Akkaya offers tailored advice with a deep understanding of Turkish labour laws and regulations for both employees and also for employers. This enables Cosar & Akkaya to grasp both sides of the coin and develop strategies for the Clients.
Particularly our corporation clients appreciate our preventive approach in Turkish labour law as it saves time and money.
Terms of employment in Turkey are mainly governed by the Labor Law No 4857 (Labor Law). Within the Labor Law there are also mandatory minimum laws and minimum hardcore protective rules and working conditions.
Main Sources of Turkish Employment Law
- The Constitution numbered 2709
- Labour Law numbered 4857
- Maritime Labour Law (only applicable for shipman)
- Law on Trade Unions and Collective Bargaining Agreements numbered 6356 (the “Union Law”).
- Law on Civil Service Trade Unions and Collective Bargaining Agreements numbered 4688.
- Press and Media Labour Law numbered 5953.
- Turkish Code of Obligations numbered 6098
- Occupational Health and Safety Law numbered 6331.
- Labour Courts Act numbered 7036.
- All communiqués and circulars published by the Ministry of Labour and Social Security with regards to the application and recommendation of the Labour legislation.
- Court of Appeal’s decisions on the unification of conflicting judgements
- Employment contracts, collective bargaining agreements, internal regulations/personnel regulations if any.
Turkish Labour Law numbered 4857 covers many basic topic about labour law including employment contracts, types and termination of employment contracts, procedure in termination, justification of termination, notice of termination, both employee’s and employer’s rights to terminate the contract for just cause, terms about wage, wage slips, topics like minimum or overtime wage, organization of work, working times, short-time works, personnel file of the employee, obligations about occupational health and safety, supervision and inspection of working conditions etc.
Our expertise on Turkish Labour Law
Cosar & Akkaya offers legal services for the parties in connection with preparation of employment contracts, compromise agreements and termination agreements, issues of severance pays, employee benefits and pensions such as overtime pay, annual leave and vacation pay, collective bargaining and collective dismissal, issues relating to confidentiality, non-compete and no solicitation, due diligence of employment matters in M&A, transfer of employment rights and contracts in M&A and business transfers, advice on employment policies, issues of human resources, hiring and firing methods, workplace regulations and data protection, white collar compliance, settlement of personnel claims, remediable settlement of the disputes among the parties.
In addition, Cosar & Akkaya help companies for obtaining work permit and residence permit for foreign employees to be hired by the companies established in Turkey. Cosar & Akkaya’s legal services also include resolving various types of litigation cases and managing negotiations over employee contracts and terminations.
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