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Labour Law
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Employer's Representative 2 August 2016
In the Turkish Labour Code numbered 4857, in addition to the terms employer and employee which are the parties of employment relationship, the term of “employer’s representative” is mentioned. In Article 2 of Labour Code, titled “Definitions”, employer’s representative is defined as “the person acting on behalf of the employer and charged with the direction of work, the establishment and enterprise. “
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What is Collective Redundancy? 10 November 2015
I. What is Collective Redundancy?
Article 29 of the Turkish Labour Law numbered 4857 ("TLL") sets forth the legal provisions regarding collective redundancy. Hereunder,
a) at least 10 workers in establishments normally employing more than 20 and less than 101 workers,
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Penalty Clause and Refund of Trainings Costs in Turkish Labor Law 22 July 2015
In some employment affairs, employer undergoes a serious amount of expense to train an employee and as a return of this expense, would fairly expect the employee to work for a certain amount of time. In order to guarantee this purpose, in practice, we see that employers add a clause to the respective employment contract of the employee under the title of “Training Commitment” or likewise, or otherwise sign a separate contract, letter of undertaking or an agreement under which it is prescribed that, in case employee quits the employment before the contractually specified time after training or causes employer to terminate the contract based on a justified reason attributable to the employee; employer will have the right to claim refund of training expenses and salaries paid during the train...
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The Severance Pay on the Termination of Fixed Term Employment Agreements 29 June 2015
There are no clear provisions or regulations under Labor Law and relevant legislation as to whether to pay a severance pay to the employee with the termination of the Fixed-Term Employment Agreement. Therefore, the solution to this problem is based on the decisions of the Supreme Court (Yargıtay).
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Types and Elements of Labor Turnover and Differences Among Them 4 June 2015
It is of the essence for any employer that the labor turnover, which is one of the most important issues in the business life, must be made in accordance with the respective legal regulations in order to remove any risk that may arise as a result of such transfers. In that respect, the legal means that provide labor turnover in the Turkish Law, the elements of transfer, their differences and the legal regulations applicable to such transfer must be understood by the employers very well and all legislations regarding this issue while determining the possible risks must be taken into account.
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