Labour Law

Kubat Law & Consultancy: Labour Law and Employment Relations

Kubat Law provides legal support in resolving all kinds of disputes arising from the relationship between employee and employer, in light of current legislation and the case law of the Court of Cassation. By adopting a solution-oriented approach to the problems that arise in the formation, performance and termination of employment contracts, we aim to protect the rights and interests of our clients.

Labour Law and Its Areas of Application

Labour law is the branch of law that regulates the relationship of dependency between employee and employer, defines the rights of the parties, and resolves disputes between them in accordance with the provisions of the Labour Code. These disputes are heard primarily before the Labour Courts and, where there is no labour court, before the Civil Courts of First Instance acting in that capacity.

At Kubat Law, balancing the protective principle of labour law toward the employee with the lawful rights of the employer, we provide services in the following areas:

1. Employee Receivables and Compensation Claims

We meticulously pursue the financial claims that arise upon termination of the employment contract:

Severance Pay: A lump-sum payment to which an employee with at least one year of service is entitled when leaving employment under the conditions set out in the law.

Notice Pay: Compensation payable where the termination is made without complying with the notice periods.

Overtime and Wage Receivables: Collection of work exceeding 45 hours per week, National Holiday and General Holiday pay, and unused annual leave pay.

2. Reinstatement Actions (Job Security)

For our clients within the scope of job security who are dismissed for an unfair or invalid reason, we manage the reinstatement process. In this process we observe the following preclusive time limits:

the one-month period to apply to a mediator from the notice of termination,

the two-week period to file suit after mediation,

the procedures for applying to return to work within ten business days after the decision becomes final.

3. Service Determination Actions

We represent our clients in actions filed to correctly establish the working periods of employees whose insurance premiums were underpaid, who were employed without insurance, or whose entries/exits were registered improperly. In service determination actions we provide expert support regarding the five-year preclusive period (subject to the exceptions set out in the legislation) running from the end of the year of departure, and regarding the means of proof.

Balanced Legal Support Between Employee and Employer

Although labour law is essentially based on protecting the inherently weaker party, the employer also has the right of termination and management within the legal conditions. So that neither party suffers a loss of rights, Kubat Law provides professional consultancy in the preparation of personnel files, notice procedures and mediation negotiations.

Our Istanbul-based office produces fast and effective solutions in line with the dynamics of working life, and operates all the legal mechanisms needed to resolve workplace disputes in favour of our clients.