Erdal Nuhbasa – Law and Consulting Firm – Legal Services

ERDAL NUHBASA 

LAW AND CONSULTING FIRM

What Is The Contract Of Employment And Why It Is Important?

     You become a party to an employment contract when you start working for any person or company, with or without signing a piece of paper, with or without knowing your rights. Likewise, when you take someone into your workplace for the purpose of employing them, you, as the employer, become a party to an employment contract. Employee Contracts are important for both sides: Employers and Employees.

      When everything goes well for both sides there will never be problem but when the relation between employer and employee goes wrong; at this moment you will understand why you must have a good contract to defend your rights best. 

    In addition to the minimum requirements set out in the state’s labor law, some conditions regarding the employment contract can be determined by the employee and the employer. Therefore, the importance of the employment contract is valuable for both parties.

    Erdal Nuhbasa Law and Consulting Firm prepares employee contracts to make all process easier for both sides by having previous experience with lots of contracts that we prepared and signed with our clients. 


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Details are Important!

     When there is a conflict on some issues between the employee and employer, it is best to check the contract for the options for both sides. 

    Even if you do not have any contract, every state has some minimum conditions and requirements to protect workers and also employers. But you must keep in mind that every job has different aspects so it is impossible to cover any detail with the frame of Labor Law.    

     Details in your contracts related to your work will save your time and money, whether you are employee or employer. Everybody wants to protect their rights and do the best for themselves. We are here for you to do this on behalf of you. Contact us through here. 

What are the obligations of the parties arising from the employment contract?

      Employers and employees have mutual obligations in the field of individual labor law in accordance with the employment contract between them. If the parties act in violation of these obligations, the employer or employee may be entitled to termination for just cause and/or compensation. The termination of the employment contract by the employer may take different forms.

     If the employee;

  • has not violated the employment contract,
  • did not terminate his employment contract himself
  • and has completed at least 1 year at the workplace, he/she will have many rights.
 

     

     It is important to note that the path to be followed by the employee depends on whether he/she has received his/her rights on the date of termination of the contract. If the employee has received all his/her rights upon the termination of the employment contract, the parties’ agreement is finalized with a “Rescission Agreement” between the employee and the employer.

   The termination of the employment contract through a contract signed by the parties prevents possible future compensation debts, but if this document does not reflect the reality, the employee may claim his/her unpaid rights through litigation.

Employer's obligations under labor law

Employee's obligations under labor law:

How to make a good employee contract?

Which articles employee contracts must contain?

Employee Contract must contain these articles:

  1. Job Title
  2. Workplace
  3. Employer’s power of appointment
  4. Working Hours
  5. Overtime Work
  6. Penal Clause
  7. Duration of Contract
  8. Competent Court 
While creating a contract what you should consider?
  •   While creating a contract you can not make any kind of discrimination based on race, gender, political thought, religion etc.
  •   The employment contract should be made in writing which will be easier to prove things during trials.
  •   All provisions should be clear and precise.
  •   You should write the starting date (dies a quo) of the employment contract. 
How are employment contracts terminated?

Employment contracts can be terminated in two ways, with or without notice.

   In the termination made with a notice period, the employment contract should be terminated by taking into account the period of time that the employee worked and the notice periods specified in the labor law. 

   In the case of termination of the employment contract without giving a notice period, it has been clarified in Articles 24 and 25 of the Labor Law that the employment contract can be terminated by the employee or the employer with just cause and without notice. 

Don't Forget!

   At most within two months, the employer has to give to employee a written document (or it can be written in your agreement) which contains:

    • The terms and conditions of work
    • Working time
    • Wage and its annexes,
    • Wage payment period,
    • Contract period (if specified),
    • The provisions that the parties have to comply with in case of termination.

  Also: The employee’s personnel file must be prepared by the employer before the employee is started to work. All the documents must be completed within 2 months at the latest.

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