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Labour Law
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What are the Conditions to Benefit from the Incentive in Social Security Contribution for the Employers? 23 January 2018
As is known; some amendments have been made in the Law on Social Security and General Health Insurance Law numbered 5510 (“the Law no. 5510”) by the Law on the Restructuring of Certain Receivables and Amendment to the Law of Social Security and General Health Insurance and Certain Other Laws and Decree Laws numbered 6111 (“the Law no. 6111”) published in the Duplicated Issue of the Official Gazette numbered 27857 and dated 25.02.2011.
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The Law on Labor Courts and Mediation as a Precondition to File a Law Suit 15 November 2017
The Law on Labor Courts numbered 7036 (“the Law”) has entered into force by its promulgation in the Official Gazette dated 25.10.2017 and numbered 30221. Pursuant to the Law, former Law on Labor Courts numbered 5521 which was published in the Official Gazette dated 04.02.1950 and numbered 7424 has been abolished.
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The New Regulations Regarding Employee Inventions within the Scope of Industrial Property Law 28 September 2017
With the new Industrial Property Law numbered 6769 which is enacted on 22.12.2016 and published in the Official Gazette numbered 29944 and dated 10.01.2017 (“IPL”), regulations regarding patents, trademarks, geographical indications and designs are codified into one document instead of former separate statutory decrees. With this regard, IPL has adopted some revised provisions on patents, trademarks, geographical indications and designs.
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Immediate Termination of The Employment Contract by the Employer with the Valid Reason Due To Employee’s Immoral, Dishonourable or Malicious Behaviours 31 May 2017
As it is known, the right of immediate termination of the employment contract with the valid reason is a formative right which could be exercised by the party that cannot continue to the employment relationship due to the behaviors of the other party which constitute the reason of the termination. According to the legislation, it is accepted that in such situation where the employment relationship becomes intolerable for one of the parties, the employment contract could be terminated immediately with the valid reason. With this regard, the situations which gives employee to terminate the contract immediately with a valid reason are regulated in Article 24 of the Labor Law numbered 4857 (“Labor Law”), and the situations which gives employer to terminate the contract immediately with a valid...
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Prohibition Of Competition Between Employer And Employee 19 September 2016
According to Turkish Law, prohibition of competition starts with signing an employment contract, however, it does continue even after the termination of the employment contract. Although prohibition of competition starts with concluding an employment contract, it does not have effect or bear consequences before the termination of the employment contract. The prohibition of competition clause which becomes effective after the termination of the employment contract, could be adopted by the parties either by adding a provision into the employment contract or by concluding a separate agreement (agreement of prohibition of competition). The conditions of validity of such a provision in the employment agreement or agreement of noncompetition are regulated under Turkish Code of Obligations. Besid...
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What Are the Inspection, Sancations and Consequences of the Collusion in Relation Between Primary Employer and Subcontractor? 7 September 2016
I. THE INSPECTION OF THE COLLUSION BY ADMINISTRATION
In accordance with the Labor Code Article 3/2, subcontractor is supposed to notice with written subcontractor agreement taken from main employer and required documents to Regional Directorate. Documents belonging to that work place which is recorded by Regional Directorate in case of need shall be examined by labor inspector. In the inspection of the collusion matters shall be considered have been settled under the Article 12 of the Regulation and so the matters which should be considered are as follows:
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In Which Conditions the Collusion will be Applied to Relation Between Employer and Sub-Contractor? 5 September 2016
I. INTRODUCTION
Because of the increasing numbers of disputes arising from the collusion in subcontracting relations, it is regulated under Labor Code numbered 4857 (‘Code’) by also considering the Supreme Court decisions.
II.COLLUSION IN SUB-CONTRACTING RELATIONS
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The Joint Responsibility of Primary Employer and Subcontractor 1 September 2016
According to Article 2/7 of Labor Code “In this relationship primary employer is responsible to employees together with subcontractor for the all obligations related to workplace which is generating from this Law, Labor Contract or Collective Labor Contract that subcontractor is a side of.” Law maker handles the subcontracting relationship considering the employee’s benefit and aims to protect the employees by holding primary employer liable as well, in case the employees do not get wage or other rights from the subcontractor which is fiscally smaller scaled.
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What is the Relationship Between Subcontractor and Primary Employer? 29 August 2016
Article 2, Paragraph 7 of the Labor Law No: 4857 regulates the conditions required to establish the subcontractor relation by defining the same. According to the Article 2: “The connection between the subcontractor who undertakes to carry out work in auxiliary tasks related to the production of goods and services or in a certain section of the main activity due to operational requirements or for reasons of technological expertise in the establishment of the main employer (the principal employer) and who engages employees recruited for this purpose exclusively in the establishment of the main employer is called the principal employer-subcontractor relationship. The principal employer shall be jointly liable with the subcontractor for the obligations ensuing from this Labor Act, from employm...
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Mutual Termination Of Employment Contracts Under Labor Law 2 August 2016
One of the most important topics of the labour law is the job safety. The provisions of Article 18 and cntd. of the Labour Code numbered 4857 set forth the termination of the employment contract and the conditions of the termination, in a detailed manner, however, in practice,it can often be seen that the employee and the employer terminate their contractual relationship by mutual expressions of will. An agreement which terminates the employment contract in this way is classified as “mutual termination of contract”. In its decision numbered E. 2007/30801, K. 2008/9236, the 9th Civil Chamber of the Supreme Court explains the mutual termination contract as follows:
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