WHAT ARE WORKERS’ RIGHTS IN TURKEY?

WHAT ARE WOMEN WORKERS’ RIGHTS IN TURKEY?

Women workers are a group of employees subject to special regulations due to biological differences. Regulations regarding women’s labor rights in Turkey generally concern pregnancy and childbirth processes and aim to protect the health and safety of women workers. For example, specific restrictions may be imposed to protect pregnant workers employed in mines.

However, apart from such exceptional regulations, gender-based discrimination between male and female workers is generally prohibited. The rights granted to women workers are usually determined by considering their specific needs and living conditions.

The rights of women workers can be expressed as follows:

• Breastfeeding Leave and Maternity Leave: Women workers must be granted certain leaves, such as breastfeeding leave, after giving birth. Maternity leave covers the necessary period to protect the health of the woman worker and to care for the baby.
• Right to Terminate Employment Contract: Women employees have the right to terminate their employment contract without providing any justification within one year from the date of marriage, provided they prove their marriage, and thereby become entitled to severance pay. This aims to provide flexibility for changes experienced after marriage.

Regulations on women’s labor rights in Turkey are designed to help women workers balance their work and family lives.

EMPLOYEE RIGHTS IN CASES OF UNFAIR DISMISSAL IN TURKEY

The rights of a dismissed worker are based on the Turkish legal system, particularly the Labor Law No. 4857 and other relevant labor law legislation. A dismissed worker has various rights subject to certain conditions:

1. Severance Pay: The most significant right of a dismissed worker is severance pay. The worker may claim severance pay proportional to their tenure at the workplace as of the date of dismissal. Severance pay is determined based on the worker’s length of service and the reason for dismissal.
2. Notice Compensation: A worker who is dismissed without notice and without a justified reason for immediate termination in cases of unfair dismissal in Turkey is entitled to claim notice compensation. The employer is obligated to provide written notification of the dismissal reason and pay notice compensation if the required notice period is not observed.
3. Dismissal Notification: In cases of unfair dismissal in Turkey, the employer must provide a written dismissal notice to the worker and clearly state the reason for the dismissal.
4. Unused Leave and Holidays: The unused annual leave, national holidays, general public holidays, and weekly rest days of the worker must be determined, and payments related to these days must be made.
5. Overtime Pay: The overtime pay for the worker’s additional hours must be paid to the worker.
6. Claim and Compensation Lawsuit: The worker may file a lawsuit in labor court for any unpaid labor claims or compensation owed to them.

RIGHTS OF A WORKER SUBJECTED TO WRONGFUL TERMINATION OF EMPLOYMENT CONTRACT IN TURKEY

The rights of a worker subjected to wrongful termination of employment contract in Turkey include various elements, and the worker may pursue legal avenues to exercise these rights:

1. Reinstatement Lawsuit: One of the rights of a worker subjected to wrongful termination is the ability to file a reinstatement lawsuit if certain conditions are met. The employer must prove that the termination was lawful, or the worker must demonstrate that the termination was based on another reason.
2. Severance Pay: If the employer terminates the worker based on a valid reason, the worker may claim severance pay. However, in cases of termination without notice, severance pay is not provided, and the worker may need to pursue legal remedies for this right.
3. Notice Compensation: If the employer cannot prove the legality of the termination or if the worker can prove that the termination was based on another reason, the worker may claim notice compensation.
4. Claims for Unpaid Amounts: After termination, the worker may claim unpaid or underpaid entitlements such as annual leave pay, public holiday pay, weekend pay, overtime pay, national holiday pay, and regular wages.
5. Bad Faith Compensation: If the employer terminates the employment contract in bad faith, the worker may claim bad faith compensation if the conditions are met.

The rights of a worker subjected to wrongful termination in Turkey can be protected by initiating legal proceedings against the employer. Workers’ rights in Turkey allow a worker dismissed without compensation to seek their entitlements before the Turkish Labor Court.

POINTS TO CONSIDER TO PROTECT THE EMPLOYEE RIGHTS IN TURKEY SUBJECTED TO WRONGFUL TERMINATION

1. Signing of a Release Document: If the employer asks the worker to sign a release document, the worker must carefully review and understand its content. A release document may restrict the worker’s ability to claim rights later. Signing an incorrect release document could result in losing their rights.
2. Exit Code: The exit code reported by the employer is significant for unemployment insurance and other rights. The worker must ensure that the correct exit code is used to protect their legal rights.
3. Payroll Fraud and Accounting Records: Payroll and accounting records maintained by the employer affect labor entitlements. It is important to check for any missing or incorrect payments.
4. Signing a Resignation Document: If the employer attempts to have the worker sign a document indicating resignation, the worker should object to protect their actual reasons and rights.
5. Mediation Process: If the employer misuses the mediation process, the worker must follow this process carefully and take necessary steps to protect their rights.

To protect their rights effectively under workers’ rights in Turkey, a worker subjected to wrongful termination must pay attention to these points and, if necessary, consult a professional legal advisor. Obtaining support during legal proceedings can help the worker defend their rights comprehensively.

RIGHTS OF A WORKER DISMISSED BEFORE COMPLETING ONE YEAR IN TURKEY

Legal actions for unfair dismissal in Turkey determine that the rights of a worker dismissed before completing one year are governed under the labor laws. During this period, the worker does not qualify for severance pay. For example, if the termination occurs within the first year of employment, the worker is not entitled to severance pay. However, if the worker has been employed by the same employer for one year or more, the right to severance pay arises.

Aside from severance pay, the rights of a worker dismissed before completing one year are protected by law. The worker can claim unpaid wages, public holiday and weekend holiday payments, and other labor-related receivables. If the employer neglects to fulfill these obligations, the worker can pursue legal remedies to claim their rights.

One of the rights of a worker dismissed before completing one year, under legal actions for unfair dismissal in Turkey, is the right to claim notice compensation. If the employer fails to provide the required notice period upon dismissal, the worker may be entitled to notice compensation. Notice compensation is paid when an employer dismisses a worker without valid grounds and without adhering to the notice period.

Therefore, it is crucial for a worker dismissed without severance pay to focus on other legal rights beyond severance pay. The worker can use legal avenues to claim these rights when necessary.

RIGHTS OF A WORKER DISMISSED WITH CODE 25 IN TURKEY

The Social Security Institution (SGK) exit code 25 is used in dismissals where the employment contract is terminated due to the worker’s behavior violating moral and goodwill principles. A worker dismissed with Code 25 is not entitled to severance pay or unemployment benefits. However, the worker cannot claim notice compensation under this code.

According to Article 24, paragraph 2 of the Turkish Labor Law No. 4857, certain employer actions may justify immediate termination by the worker. These actions include:

a) The employer providing misleading information during the employment contract process, thereby deceiving the worker.
b) The employer insulting the honor or dignity of the worker or their family members or engaging in sexual harassment.
c) The employer assaulting, intimidating, encouraging unlawful behavior, inciting crimes, or committing an act leading to imprisonment against the worker or their family members.
d) The worker being subjected to sexual harassment, with the employer failing to take necessary measures despite being aware of the situation.
e) The employer failing to calculate or pay the worker’s wages in accordance with legal or contractual provisions.
f) The employer agreeing to pay wages based on piecework or output but not providing sufficient work or compensating for the difference between agreed and actual wages.

In these cases, the worker has the right to terminate the employment contract immediately for valid reasons. If the termination occurs under these circumstances, SGK records it with exit code “25.”

RIGHTS OF A WORKER DISMISSED WITH CODE 29 IN TURKEY

The rights of a worker dismissed with Code 29 are limited if the employer terminates the employment contract for just cause under the following circumstances:

a) The worker falsely claiming to possess qualifications or requirements essential for the job or providing misleading or incorrect information during the employment process.
b) The worker damaging the honor or dignity of the employer or their family members, engaging in immoral behavior, or making false complaints and accusations against the employer.
c) The worker committing sexual harassment against another employee of the employer.
d) The worker assaulting the employer or their family members, reporting to work under the influence of alcohol or drugs, or using such substances in the workplace.
e) The worker engaging in dishonest behavior, such as breaching the employer’s trust, stealing, or disclosing trade secrets.
f) The worker committing a crime punishable by more than seven days of imprisonment without suspension.
g) The worker being absent without permission or valid reason for two consecutive workdays, two workdays following holidays within a month, or three workdays within a month.
h) The worker failing to perform their duties despite reminders.
i) The worker endangering workplace safety due to negligence or causing damage to workplace equipment, machinery, or property equivalent to at least 30 days of their wage.

In such cases, the employer may terminate the employment contract immediately for just cause and record the dismissal under Code 29.

Workers dismissed with Code 29 are not entitled to severance pay, notice compensation, or unemployment benefits.

However, workers dismissed with Code 29 still retain rights regarding labor receivables. If the worker has unpaid wages, overtime pay, or other entitlements, they can claim these from the employer. These rights are considered valid even in cases of dismissal with just cause.

In disputes regarding dismissal under Code 29, the worker can pursue legal action to challenge the termination’s validity or to secure unpaid entitlements.

WHAT A DISMISSED WORKER SHOULD DO FOR LEGAL ACTIONS FOR UNFAIR DISMISSAL IN TURKEY?

If a worker believes they have been unfairly dismissed, they can take the following steps for unfair dismissal in Turkey:

1. Filing a Reinstatement Lawsuit: A worker dismissed without compensation may file a reinstatement lawsuit if they meet the conditions outlined in Turkish labor law, with specific criteria that must be satisfied for such cases to proceed under compensation for wrongful termination in Turkey.
2. Claiming Severance and Notice Compensation: Workers dismissed without just cause are entitled to severance and notice compensation.

1. • Severance Compensation: Calculated based on the worker’s length of service.
   • Notice Compensation: Reflects the period the employer must provide as notice before termination.
2. Claiming Other Labor Receivables: Workers may claim additional entitlements such as:

1. • Annual leave pay
   • Bad faith compensation
   • Unpaid wages
   • Overtime pay
   • Public holiday pay (UBGT)
   • Weekly rest pay
2. Seeking Legal Assistance: Consulting a labor lawyer helps workers understand their rights and ensures accurate handling of legal processes.
3. Mediation Application: In Turkey, the Mediation Law encourages dispute resolution between parties without court involvement. Mediation is a viable option for resolving disagreements with employers.
4. Filing a Lawsuit in Labor Court: If mediation fails, workers can file a lawsuit in labor court to protect their rights and compensation for wrongful termination in Turkey.

Taking these steps can help dismissed workers safeguard their workers’ rights in Turkey. Legal advice is crucial to evaluate each case individually and ensure appropriate action.

HOW MUCH COMPENSATION FOR WRONGFUL TERMINATION IN TURKEY CAN A DISMISSED WORKER CLAIM?

1. Severance Compensation: Workers employed for at least one year at the same workplace are entitled to severance pay equivalent to one month’s gross salary for each year of service.
2. Notice Compensation: If the employer fails to provide notice before termination, the worker may claim notice compensation. The amount depends on the worker’s length of service and gross salary.
3. Other Labor Receivables: Additional claims may include:

• • Annual leave pay
  • Bad faith compensation
  • Unpaid wages
  • Overtime pay
  • Public holiday pay (UBGT)
  • Weekly rest pay

Compensation for wrongful termination in Turkey amounts are calculated in accordance with labor laws and related regulations. Workers can file claims through mediation or labor courts. Seeking legal advice ensures accurate calculations and proper handling of claims based on the worker’s specific circumstances.

THINGS TO PAY ATTENTION TO FOR A WORKER DISMISSED WITHOUT COMPENSATION IN TURKEY

The following points may be important for a worker dismissed without worker compensation in cases of unfair dismissal in Turkey:

1. The Dismissal Must Be Based on a Valid Reason: The employer must provide a valid reason when terminating the worker’s indefinite-term employment contract. According to the Labor Law, in workplaces with 30 or more employees, if a worker with at least six months of seniority is dismissed, the employer must base the dismissal on valid reasons such as competence, behavior, or business requirements.
2. Written Termination Notice and Reason: The employer must provide written termination notice and clearly state the reason for dismissal. The worker should pay attention to the reason stated in the termination notice and seek legal advice if necessary.
3. Defense Against Performance Decline Allegations: White-collar employees may often face allegations of performance decline. However, the employer must grant the worker the right to defend themselves before termination for this reason. The worker has the right to defend against the allegations made.
4. Carefully Review and Sign Documents: The worker must carefully review the documents presented by the employer during the process of unfair dismissal in Turkey. It is important to understand the content of the termination notice and other documents before signing them. When signing the documents, adding the phrase “All my legal rights are reserved” ensures the protection of the worker’s rights.
5. Taking Action if No Written Document is Provided: If the employer does not provide a written document, the worker should apply to the Ministry of Labor and Social Security Regional Directorate with a petition stating that they have been dismissed. This ensures the worker has an official record of their dismissal.
6. Seek Legal Advice: It is important to seek legal advice in the event of unfair dismissal in Turkey. An employment law attorney can help the worker understand their rights, make necessary defenses, and protect their rights.

WHAT ARE THE RIGHTS OF A WORKER GOING TO MILITARY SERVICE?

In the case of separation from work due to military service in Turkey, the worker does not have to declare their intent to terminate the contract in writing or sign it. According to the Labor Law, in the event of separation from work due to military service, the worker’s contract will automatically be terminated. This does not impose an obligation on the employer to provide written notification.

However, the worker must notify the employer of this situation and present their military service dispatch document. The military service dispatch document is the document that verifies the worker is leaving work to fulfill military service duties. By submitting this document, the worker officially provides proof of the reason for leaving the job.

In this case, the employer does not need to dismiss the worker, as the worker’s contract ends automatically. However, it is important for the employer to be aware of this and, instead of formally dismissing the worker, maintain a position where the worker can return to work after the military service. The Labor Law provides for the right to return to work after military service.

A worker who leaves due to military service has the right to return to a similar job after completing their military service, provided that they do so within a certain period. If the employer refuses to rehire the worker, they can demand compensation equal to three months’ salary. These provisions aim to facilitate the reintegration of workers who complete their military service into the workforce and protect the rights of workers going to military service.

The rights of a worker going to military service include the following:

1. Right to Resign and Terminate the Contract: A worker who wants to go to military service has the right to resign. The employer may accept the worker’s resignation due to their desire to fulfill military duties. Additionally, the employer may terminate the worker due to military service.
2. Right to Severance Pay: The worker has the right to receive severance pay when leaving work due to military service. A worker who leaves to go to military service can request severance pay. In this case, the military service dispatch document must be submitted along with the termination notice.
3. Notice and Notification via Notary: When a worker wishes to leave due to military service, they may send a notice via notary. In this notice, the worker should state the reason for leaving and include the military service dispatch document. This notice is important for protecting the legal position of the worker’s rights.
4. Right to Return to Work: A worker who goes to military service has the right to return to work after completing their service. According to the Labor Law, a worker who leaves due to military or legal duties must be rehired by the employer in a similar job after completing their military service if they request it.

To benefit from the employee rights in Turkey going to military service, the worker must fulfill certain conditions. Additionally, to protect these rights, the worker can seek legal advice and initiate legal processes if necessary.

WHAT ARE THE RIGHTS OF WORKERS IN THE PRIVATE SECTOR?

Workers in the private sector in Turkey are subject to the Labor Law No. 4857 and related regulations, and employee rights in Turkey in the private sector are regulated by this law. The Labor Law is the basic legal framework that regulates the working conditions of workers and provides various rights and protections for workers in the private sector. Workers can apply to labor courts based on these rights.

Workers in the private sector have the right to claim their rights arising from the Labor Law No. 4857. The following are typically included among the labor claims:

1. Wages and Salary Claims: Wages and salary claims determined based on the worker’s working time and job nature.
2. Severance Pay: Severance pay that a worker earns based on the duration of employment with the employer.
3. Leave and Annual Leave Pay: The right of the worker to take annual leave and the related annual leave pay.
4. Overtime and Other Additional Payments: Overtime work outside the normal working hours and related additional payments.
5. Notice Severance Pay: If the worker fails to notify the employer in accordance with the notice period when leaving, they may claim notice severance pay.
6. Compliance with Working Hours and Other Rights: Other rights mentioned in the Labor Law, such as additional severance payments that can be claimed for non-compliance with working hours and union rights.

In the private sector, workers should first attempt to resolve disputes with their employers. If this is not possible, they should apply to labor courts. Labor courts are authorized to protect the workers’ rights in Turkey for the private sector and resolve disputes. Workers may seek legal support to protect and claim their rights in the private sector.

WHAT ARE THE RIGHTS OF A WORKER WHO RESIGNS IN TURKEY?

The rights of a worker who resigns are subject to specific conditions regarding the resignation process, and it is important for the worker to pay attention to certain principles to protect their workers’ rights in Turkey. Here are some important points regarding the rights of a worker who resigns:

1. Validity of the Resignation Letter: Resignation is a right that terminates the employment contract, but a valid resignation must meet certain criteria. A resignation letter becomes valid when it is submitted in writing to the employer. If the reason for resignation is stated, the worker may be bound by this reason, and it cannot be changed later.
2. Conditional Resignations: Conditional resignations are not valid. For example, resignations such as “I will resign if my severance pay and overtime claims are paid” are not considered valid. If the employer accepts such a condition, it should be considered as an offer to terminate the contract, not a resignation.
3. Signed Blank Paper or Resignation Letter: It is not valid for employers to request signed blank papers or resignation letters at the start of employment or during the course of employment. If the employer requests or has the worker sign such documents, it may be considered as the employer terminating the contract. To protect their rights, a resigning worker should carefully examine any document they sign.
4. Resignation and Worker’s Rights: The inconsistency between the actual reason for resignation and the reason stated in the resignation letter will be evaluated by the court. For example, if a worker who has gained certain rights based on their duration of employment resigns, the court may not consider it a valid reason for resignation. The labor court will assess whether the resignation is justified.

The rights of a worker who resigns, such as notification compensation and other entitlements, are as follows:

1. Notice Compensation: The party terminating the employment contract is not entitled to notice compensation. Notice compensation is typically paid when the employer dismisses the worker with written notice in advance. A resigning worker is not entitled to this compensation. In fact, if the employer fails to observe the notice periods, they may be required to pay notice compensation.
2. Notice Periods: A resigning worker is generally required to observe a specific notice period. The length of the notice period depends on the worker’s length of service and requires prior notification to the employer. The notice periods are as follows:
   • 0-6 months: 2 weeks
   • 6 months – 1.5 years: 4 weeks
   • 1.5 years – 3 years: 6 weeks
   • 3 years and above: 8 weeks
3. Other Rights in Resignation:
   • New Job Search Leave: One of the rights of a worker who resigns is job search leave. If the resignation is notified, the employer must grant the worker job search leave to find new employment. Job search leave must be given during working hours, without salary reduction, and for no less than 2 hours per day.
   • Unemployment Benefits in Case of Justified Resignation: If the worker resigns for a justified reason and this reason is accepted by the court, they may be entitled to unemployment benefits.
   • Resignation during Short-Time Work: Workers who are included in short-time work and resign are eligible for unemployment benefits.
4. Settlement of Claims and Other Employment Rights: A worker who resigns has the right to any unused annual paid leave, weekly rest days, overtime pay, etc., and the employer must pay these amounts. Employment claims are part of the rights of a resigning worker.

Settlement Agreement (ibraname) is a document given by the employer regarding the worker’s claims in Turkey. However, this document should be issued at least one month after the worker’s resignation.

To fully understand and protect their rights, a resigning worker should consult with a lawyer, considering the details of labor laws and the employment contract, and file a lawsuit if necessary.

WHAT SHOULD A WORKER DO IF THEY ARE DISMISSED ORALLY?

If a worker is dismissed orally, they should take the following steps:

1. Request Written Notification: The worker should first ask the employer for written notification of their dismissal. This document should include the date of termination, the reason for dismissal, and other important details.
2. Communicate in Writing: The worker can communicate with the employer via written means such as email or fax. The communication should clearly state the termination date, reason, and the worker’s rights.
3. Send a Notice via Notary: The worker can send a formal notice (ihbarname) through a notary. The notice should clearly express the termination date, the reason for dismissal, and the worker’s rights. A notary notice is a legal document and can be an effective way to protect the worker’s rights.
4. Collect Evidence: The worker should gather evidence related to the termination process. This may include witness statements, written or verbal documents, email correspondence, and other evidence that can help prove the worker’s case.
5. File a Lawsuit at the Labor Court: If communication with the employer does not lead to a resolution, the worker can apply to the labor court. The labor court can resolve disputes between the parties and evaluate the worker’s rights.
6. Mediation Process: Before filing a lawsuit in the labor court, a mediation process is mandatory. The mediator will attempt to help the parties reach a settlement. If no agreement is reached, the worker can then file a lawsuit in the labor court.
7. Seek Legal Assistance: A worker dismissed orally should consult with a labor law expert or legal advisor. Professional help can assist in better protecting the worker’s rights and ensuring effective legal action.

RIGHTS OF A WORKER WHO IS EMPLOYED WITHOUT SOCIAL INSURANCE IN TURKEY

A worker who is employed without social insurance has the following legal rights and measures they can take:

1. File a Service Determination Lawsuit: The worker can file a service determination lawsuit to prove that they were employed without social insurance and to protect their labor rights. In this case, the worker must document the details and duration of their employment relationship.
2. Correcting Insurance Premiums: If the worker wins the service determination case, they can apply to the Social Security Institution (SGK) to request that their insurance premium records be updated to reflect the actual situation.
3. File a Claim for Unpaid Wages: A worker who was employed without social insurance can file a lawsuit against the employer to claim unpaid wages, overtime pay, annual leave payments, and other entitlements.
4. Request an Administrative Fine: The worker can report the employer to the Social Security Institution for employing them without insurance and request an administrative fine to be imposed on the employer.
5. Right to Terminate for Just Cause: If the worker’s situation of being employed without social insurance constitutes a just cause for termination, the worker may have the right to resign from their position.

Although proving the situation of being employed without insurance can be challenging, the worker can strengthen their case by gathering evidence such as workplace communications, email exchanges, and witness statements. This evidence can be valuable in legal proceedings and may positively influence the outcome of the case.