Erdal Nuhbasa – Law and Consulting Firm – Legal Services

ERDAL NUHBASA 

LAW AND CONSULTING FIRM

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        Labor law or in some countries Employment Law is one of the law that almost everybody needs in their life time. It regulates relationship not only between workers and employers but also government.

There are two types of labor law:

    1. Collective Labor Law
    2. Individual Labor
 

         Collective Labor Law is type of law which regulates relations between employee, employer and union. Individual Labor Law is type of law which regulates employees’ rights for work.

    In Turkey The Labor Act of 2003 is very important for the labors and employers. Basically:

  • A worker can have a 45-hour workweek.
  • Work hours can be divided unequally among working days but there must be a written contract.
  • In any condition daily work hour must not exceed 11 hours.

   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 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. 

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. 

   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.