Employment Law

Employment law is a comprehensive branch of law governing employer-employee relations, encompassing rights and obligations specific to various sectors, and prioritizing the protection of rights through expert legal counsel in dispute resolution.

Employment law is regarded as a branch of law that aims to establish a balance of interests between employers and employees, in accordance with various forms of work, employment relationships, and sectoral structures. This field is primarily divided into two main parts: individual employment law and collective labor law, striving to establish a balance between the employer's managerial prerogative and the fundamental rights and freedoms of employees. Conceptually, the boundaries of employment law are shaped not only by the Labor Law but also by various other legislative enactments. Consequently, it is necessary to consider not only practices applicable in a specific workplace but also sectoral regulations. Employment law is not limited to the Labor Law but also encompasses independent regulations such as the Social Insurance and General Health Insurance Law, the Law of Obligations, the Press Labor Law, the Maritime Labor Law, and the related judicial precedents.

The broad scope of employment law necessitates legal counsel for resolving disputes in various sectors, as each sector presents its own unique normative structure. For instance, the application of weekly rest days in the healthcare sector and collective bargaining agreement practices in the banking sector cannot be evaluated on the same legal grounds. Therefore, employment law requires detailed examination from the perspectives of both substantive law and procedural law. Indeed, numerous precedent decisions in cases heard before Regional Courts of Appeal, where first-instance court decisions are overturned or modified for various reasons, highlight the importance of an attorney's legal assessment in practice. For example, even the technical content of expert reports during the calculation of employee entitlements can influence the outcome of a decision.

Employment law is the field that defines the rules of employment for salaried employees and personnel. Should employees have entitlements such as severance pay, notice pay, overtime wages, annual leave pay, and weekly rest day pay, and these rights are not amicably settled by the employer, recourse is sought through an action for employee receivables. An action for reinstatement is possible if the employee has worked for at least six months and the workplace employs more than thirty employees as of the termination date. Within the framework of general employment law, the most frequently encountered actions for the recovery of employee entitlements relate to severance pay, notice pay, and overtime wages. A statement of claim prepared by an attorney is crucial not only for the rights asserted but also for influencing the outcome of the case, as the claims put forth in the statement of claim cannot be altered in subsequent stages. Regarding actions for reinstatement, the job security provisions introduced by Article 18 of Labor Law No. 4857 are applicable in workplaces employing more than thirty employees. However, some employers evade this obligation by fraudulently misrepresenting the number of employees. In cases where such situations require proof, an expert examination will be necessary. Another important aspect is the principle of interpretation in favor of the employee, which mandates that contractual provisions and factual circumstances be construed in favor of the employee. This concept is consistently emphasized in Supreme Court precedents; indeed, the employee's statement can be taken as a basis for calculating insufficient working hours. At this juncture, the question arises: What if the information presented by the employer on the payroll does not reflect the truth? In such a scenario, the employee can establish the truth through other evidence, such as witness testimony, operational records, and bank statements. In this context, an attorney's guidance in evidence evaluation is a valuable asset.

Aviation Employment Law

Airline employees are excluded from the scope of the Labor Law, and this legislative gap provides limited protection for aviation workers in practice. In such cases, employees' rights are protected within the framework of service contract provisions defined in the Law of Obligations and the terms agreed upon by the parties in the concluded service contract. Aviation employment law, not typically subject to specific regulations, is therefore resolved by reference to the Law of Obligations. This implies that rights falling under the Labor Law do not automatically accrue for aviation employees. Consequently, contracts between aviation employees and employers must be meticulously examined. Provisions within these contracts regulate numerous matters, from employees' overtime wages to annual leave periods. Conversely, provisions drafted against the employee and conflicting with mandatory rules are deemed invalid. In decisions by Regional Courts of Appeal, often the true intent of the parties, rather than the literal wording of the contract, is taken as the basis, demonstrating the dynamic nature of contract law. In such disputes, another legal resource to be utilized is the Supreme Court's precedents concerning service contracts. Indeed, the lack of specific legislation in the aviation sector leads to judicial precedents compensating for this through interpretation. The correct application of these precedents with legal counsel is essential for the realization of the asserted right.

Healthcare Employment Law

Healthcare sector employees provide services in many different institutions, ranging from hospitals to health centers. Some of these are public institutions, while others are private. While healthcare sector employees are generally subject to the Labor Law, they are also bound by numerous specific laws, statutes, and regulations. The most significant factor distinguishing the healthcare sector from others is that the exercise of certain rights granted to employers under the Labor Law is restricted within the healthcare sector. One of the most crucial aspects for healthcare sector employees is the unusual flexibility of working hours and the existence of on-call duties. Therefore, special interpretations are applied concerning entitlements such as overtime, weekly rest days, and night work. Consequently, courts consider the nature of the profession when examining practices. Furthermore, the ambiguity of job descriptions for personnel working in the healthcare field leads to legal issues regarding whether additional remuneration can be claimed for tasks performed outside the defined job scope. Such disputes should be limited by clear contractual provisions between the employer and the employee. Moreover, differences in practices between public institutions and private hospitals in the healthcare sector directly affect employees' labor rights. If the employer is a public institution, different procedures will apply; if it is a private legal entity, private law provisions will be applicable. In this context, employees can correctly assert their legal rights, taking into account sectoral differences, with the support of an attorney specializing in employment law.

Banking Employment Law

Banking sector employees are, as a rule, personnel subject to Labor Law No. 4857. However, given the existence of trade union organization in the banking sector, it is imperative to consider whether a Collective Bargaining Agreement has been concluded with the bank where the personnel are employed in any potential disputes. This is because Collective Bargaining Agreements provide additional social safeguards for employees. Collective Bargaining Agreements generally contain provisions favorable to employees, while also limiting the employer's managerial prerogative. Therefore, a detailed evaluation of these agreements is crucial for both employees and employers. Common issues encountered in practice for bank employees include bonus payments, working under target pressure, and performance-based dismissals. The Supreme Court, in its precedents in this area, generally does not deem terminations made by employers on subjective grounds, such as failure to meet targets, as valid. In such cases, if the employee is not reinstated as per the court order following an action for reinstatement, compensation is awarded. Furthermore, the job descriptions of bank employees are multi-layered. In such circumstances, unauthorized assignments or changes in duties made without consent enable the employee to terminate the contract for just cause. In this event, a claim for severance pay is not devoid of legal basis.

Press Employment Law

Press Employment Law is a field regulated by its own specific statute. Law No. 5953 on the Regulation of Relations Between Employees and Employers in the Press Profession, also abbreviated as the Press Labor Law, covers individuals working in all intellectual and artistic capacities in newspapers, periodicals, news agencies, and photo agencies published in our country. Although not explicitly stated due to the law's 1952 enactment date, employees in Radio and Television also fall within this scope. The Press Labor Law holds an exceptional position regarding the recognition and protection of the rights of press members. In this regard, termination processes, severance pay calculations, and leave entitlements are subject to different provisions. While the 1952 date of the law has caused some of its provisions to become outdated, judicial precedents and corresponding practices partially compensate for this deficiency. Extraordinary working hours inherent in the journalism profession, risks encountered during news gathering, and freedom of expression, evaluated within the framework of press freedom, place employment disputes in this field in a unique position. Specifically, vague phrases such as 'breach of ethical rules' found in the contracts of press employees do not constitute legally valid grounds for termination. In such situations, the specific reason for the termination of the employee's contract must be clearly established; in cases of ambiguity, interpretation should be made in favor of the employee in light of Supreme Court decisions. Therefore, managing the process with the support of an attorney specializing in this field can prevent damages that are difficult to remedy.