Ankara Employment Lawyer: Severance, Notice Pay and Reinstatement

What is employment law?

Employment law covers individual and collective work relationships. The Labour Act, the provisions of the Turkish Code of Obligations on the contract of service, and the related regulations are the basic sources.

In most employment disputes, mediation is required first. If no agreement is reached, the way to court opens. If the head of claim, the time limit and the proof are not read separately, the wrong door is chosen.

Which heads of an employment dispute sit on this page?

• Termination of the employment contract, and a claim that it is invalid
• Claims for reinstatement
• Severance and notice pay
• Overtime, and pay for national holidays and public holidays
• Pay in lieu of annual leave, and wage claims
• Allegations of workplace bullying
• Social-security notifications, the true wage, and the overlap with an occupational accident

Whose calendar does the termination paper start?

The date of service opens the door of the time limits for both the employee and the employer. On the employee’s side, reinstatement and the money claims come to the front. On the employer’s side, procedure, written notice and the burden of proof come to the front.

• Employees who have been dismissed, or who are in the course of resigning
• People who want to recover compensation and unpaid wages
• Employees who want the conditions for reinstatement assessed
• Employers who want to conduct a termination in accordance with the law
• Businesses that want to reduce the risk in the employment contract and in staff policy

Which door does a dismissal open?

A written termination, an oral dismissal and a practical refusal to let the person work are not the same door. The date of the document, its stated reason and its service are read first. The urgent first step is in I have been dismissed.

After a termination, reinstatement and severance are not joined in the same petition in every file. An employee’s departure for just cause is in termination for just cause.

Who is paid severance?

Severance can be paid to an employee who has worked for the required period, when the conditions set out in the statute are met. At least one year of work, and a valid termination or other ending, are required. The frame of the conditions is in the article on severance. For an approximate figure, the severance calculator shows the statutory ceiling and the number of days. It is not a binding result.

• Termination by the employer without just cause
• Termination by the employee for just cause
• Statutory cases such as military service, retirement, and termination by a woman employee within the specified period on marriage
• A lawful end to a fixed-term contract does not give a right to severance in every case

In the calculation, the wage with the regular benefits included, and the length of service, matter. The payslip, extra payments and the record of work actually done are examined. A figure is not written from memory.

Why is notice pay separate from severance?

Notice pay is what corresponds to a termination made without respecting the notice period. Severance is a separate head of claim, tied to the statutory ways in which the employment ends. The two can arise at the same time, or one of them can fall away. They should not be mixed. The definition is in notice pay. For an approximate gross figure, the notice-pay calculator applies the bands in Article 17. It is not a binding result.

The notice periods step up with length of service. Where the termination ignores the notice rules, notice pay can arise for the other side. The day the period runs from is read off the document of service.

What is a reinstatement claim?

Reinstatement is a particular kind of case. It concerns the employee’s return to the job, and the consequences of that return, where the termination is invalid. It arises for employees who are within statutory job security. How to file it is in a reinstatement claim.

How is overtime proved?

An overtime claim rests on work that goes beyond the weekly working time. Proof can be supported by time sheets, records of arrival and departure, witness evidence, correspondence and the way the workplace actually operates. The detail is in proving overtime.

Unpaid overtime is treated as the urgent step in overtime is not being paid. The employer’s duty to keep records and the employee’s burden of proof are balanced according to the facts.

• Card-access records and electronic attendance records
• Correspondence and email approving the overtime
• What witnesses say
• The facts of the work actually done, matching the nature of the job

Is a wage claim read from the payslip?

The payslip does not by itself fix the true wage. If the bank record, what was actually paid, a witness and the practice of the workplace conflict, proof is in dispute. Non-payment of wages is in they are not paying my wages.

Notifying a lower wage to the social-security institution, and paying the difference in cash, is a separate question with both a claim and an administrative side. A net figure is not produced from memory.

When does unused annual leave become a debt?

Annual leave that was not taken can, as a rule, turn into pay when the employment contract ends. The type of termination and the records of leave that was granted are read. The leave book, the correspondence and witnesses matter in the particular file.

Asking for leave while the employment continues, and claiming pay in lieu of leave after termination, are not the same door. The period is also looked at under the limitation rules for the claim.

How is workplace bullying kept apart from a single argument?

Workplace bullying is an allegation of systematic and continuing psychological pressure. A single argument, a raised voice, or one warning is not treated as bullying in every file. The definition and the proof are in what workplace bullying is.

A chain of correspondence, medical reports and workplace records is needed. One warning, or one argument, is not bullying if it does not continue.

How is a head of claim written on the mediation form?

In most disputes about employment claims, mediation is a precondition to bringing a case. The application form, the correct description of each head of claim, and the time limits have to be watched closely. The obligation is in the article on mediation.

What the closing minute means is in the closing minute of mediation. The strategy for reinstatement and the strategy for a money claim are not the same.

Does a social-security notification fix the true wage?

The service record shows how long the person worked and which premium was notified. If the notified wage and the wage actually paid diverge, both the employment claim and the administrative or insurance side can be discussed. The record does not by itself fix the amount of severance.

Missing days, periods of medical rest, and the notifications of starting and leaving work make the termination date clearer. A clash between documents is read together with witnesses and the bank record.

Why does an occupational accident stand apart from an employment claim?

An occupational accident carries the notification, the social-security process, incapacity and the heads of damages. Putting it in the same petition as severance or overtime is not right in every file. The frame of the damages is in damages for an occupational accident.

If a criminal investigation is open, the criminal law page is the place to look. Fault, the report and the time limits are read separately. There is no promise of an outcome.

Why are limitation and a period that extinguishes the right confused?

An application for reinstatement depends on a short period, and that period extinguishes the right. For money claims such as severance, notice pay, wages and overtime, what is discussed, as a rule, is limitation. The periods can differ with the head of claim. If the date of service is uncertain, the calendar is uncertain as well.

Time spent in mediation is read separately, because mediation is a precondition to the case. An assumption that there is still time is not made without the papers. A missed period carries a risk of rejection before the merits are reached.

• Service of the termination, and the calendar for applying for reinstatement
• The mediation application being a precondition to a case
• Limitation running separately on each money claim
• A wrong reading of the sentences in a deed of release or in the closing minute

How does a termination proceed?

1. 1.Identifying the legal character of the reason (a valid reason, just cause, or a failure of procedure)
2. 2.Checking the notice periods and whether the written form was followed
3. 3.Applying for mediation, where it is mandatory
4. 4.Bringing a case if no agreement is reached
5. 5.After the decision, following the return to work or the consequences in compensation

Do the employee and the employer read the same calendar?

For the employee, the risk is the time limit, the proof and the choice of head of claim. For the employer, the risk is the written termination, equal treatment, the state of the records, and the cost of a notification that does not follow the rules. The same events look different in the papers of the two sides.

Staff rules, the disciplinary minute and the procedure for taking the employee’s account come to the front on the employer’s side. The payslip, messages and witnesses come to the front on the employee’s side. One text is not the defence of both.

What does the labour court put in order at the inquiry?

The petition, the reply, the gathering of evidence, the witnesses and the expert follow one after another. The competent labour court is identified by looking at the workplace, where the defendant lives, and the fact of the termination.

An appeal to the regional court of appeal lies against the decision. On a reinstatement order there can be further steps, such as the employee applying, within the period, to start work again.

Why is a waiver in the closing minute read on its own?

In mediation, whether the money is paid at once or by instalments, what the deed of release says, and the tax and social-security consequences should be put together with care. The minute of agreement should be written so that it does not create a fresh dispute later.

Signing a deed of release may not end the right unless the conditions of form and of content are met. The detail is in the article on a deed of release.

Jurisdiction of the labour court does not come from the office address

The Konar Hukuk office is in Çankaya. The competent labour court is identified by looking at the workplace, at service and at the procedural rules. The name of a neighbourhood does not by itself give jurisdiction.

At a first look, the termination letter, the payslip, the social-security service record and any deed of release are enough. Figures and periods are not discussed without the documents.

Which head of claim does the retainer carry?

The work is the application to mediation, the separation of the heads of claim, and the scope of the petition. The retainer is not stacked under a vague label of every employment right. A promise stated as a percentage, or a promise of a period, is contrary to the professional rules. A measured frame leaves an uncertain head of claim visible.

On reinstatement there are further procedural steps, such as the employee applying within the period to start work. A claim for severance and a claim for reinstatement are not joined in the same petition in every file.

Why do the time limit and the claim stand apart in an employment case?

The file takes its shape from the handling of time limits, from proof, and from choosing the right kind of case. An inflated promise of success is not made. The risk is discussed by looking at the papers.

The legal course can change with the facts, with the payslips and with the current practice of the courts.