Labor Law

What Are Workers’ Legal Rights to Sue?

With the development of industry, employer–employee relations have come to the forefront, and over time workers have been oppressed by employers and deprived of their rights. The Labor Law was enacted precisely to protect workers, define the scope of employer–employee relations, and establish a legal framework. In our country, the Labor Law has a worker-protective structure. Indeed, the vast majority of cases heard in labor courts today are concluded in favor of employees. This is largely due to the principle of “interpretation in favor of the worker.”

Who Is Subject to the Labor Law?

The Labor Law specifies who is covered by the law and who is not. According to Article 1 of Law No. 4857, it applies to all workplaces except those listed in Article 4, regardless of their field of activity. In other words, Article 4 of the Labor Law lists the jobs and employment relationships that are exempt from its application. The Labor Law applies to all other types of work. The exempt categories include:

• Maritime and air transport work,
• Agricultural and forestry enterprises employing fewer than 50 workers,
• All kinds of construction work related to agriculture within the limits of family economy,
• Work done in households and handicrafts carried out by members of a family up to the third degree (inclusive) without outside participation,
• Domestic services,
• Apprentices, with the provisions on occupational health and safety preserved,
• Athletes,
• Those undergoing rehabilitation,
• Workplaces employing three persons in accordance with the definition in Article 2 of the Tradesmen and Craftsmen Law No. 507.

What Is an Employment Contract?

According to Law No. 4857, an employment contract is an agreement in which one party undertakes to perform work under the dependency of the other party, and the other party undertakes to pay wages. In Turkish law, the employment relationship between employer and employee begins with the conclusion of an employment contract. However, the Labor Law stipulates that certain time periods start with actual work.

What Are Its Elements?

An employment contract consists of three essential elements:

• Performance of work,
• Payment of wages for the work performed,
• A relationship of dependency between the parties.

An employment contract must contain all three elements. If one is missing, the agreement is not considered an employment contract. “Performance of work” means the employee provides labor to accomplish a task. The employee must be compensated for this labor; unpaid work is not considered within the scope of an employment contract. In addition, the work must be carried out under the supervision and control of the employer, meaning there must be a relationship of dependency.

When Does an Employment Contract Terminate?

Employment contracts can end through termination or for reasons other than termination. In cases of termination, whether it is justified and which party terminated the contract are important, as these determine whether the employee is entitled to severance pay, notice pay, and other rights.

An employment contract may also end for reasons other than termination, such as:

• Death,
• Mutual agreement of the parties (mutual rescission),
• Expiration of the contract period.

Consequences of Termination of an Employment Contract

When an employment contract ends, the obligations between the parties cease. However, some legal consequences stipulated in Law No. 4857 also arise, such as:

• Severance pay,
• Issuance of a work certificate,
• Issuance of a release document (settlement statement).

What Are the Workers’ Rights to Sue?

Reinstatement Lawsuit

Law No. 4857 grants employees the right to file a reinstatement lawsuit if their employment contracts are terminated for unfair or invalid reasons. Article 18 of the Labor Law regulates job security, preventing arbitrary dismissals. There are certain conditions for benefiting from job security.

Contact us for more information on this subject.

Compensation Claims (Severance, Notice Pay, etc.)

Employers often unfairly dismiss workers and fail to pay severance or notice compensation, depriving them of other entitlements. Workers can claim these receivables through lawsuits filed in Labor Courts. In addition to severance and notice pay, unpaid overtime wages, unused annual leave pay, and other basic rights can also be claimed. Labor cases generally conclude within 1–1.5 years.

Compensation Lawsuits for Work Accidents and Occupational Diseases

According to Article 13 of Law No. 5510, a work accident is defined as:

• While the insured is present at the workplace,
• Due to work being carried out by the employer or, if the insured works independently, due to the work or the nature of the work performed outside the workplace,
• While the insured is sent by the employer to another location for work and is not performing their main job during this time,
• During breaks allowed for nursing mothers to breastfeed,
• During transportation provided by the employer to and from the place of work,

Article 14 of Law No. 5510 defines occupational disease as: “An occupational disease is any temporary or permanent illness, physical or mental disability caused by the nature of the work performed or due to the working conditions.”

Conditions for Employer Liability

For an employer to be held liable for damages in a work accident compensation lawsuit, the following must be present:

• An accident has occurred,
• The accident qualifies as a work accident,
• The employer is at fault,
• The accident resulted in physical or mental harm or death,
• There is a causal link between the accident and the damage.

An employee may claim compensation (material damages) for bodily harm suffered as a result of the employer’s breach of the duty of care in a work accident or occupational disease. If conditions are met, the employee may also claim moral damages. In the event of the employee’s death, the dependents deprived of their support can claim “compensation for loss of support.”

What Can Be Claimed in a Work Accident Compensation Lawsuit?

A work accident compensation lawsuit filed by the injured worker or, in the event of death, by the beneficiaries is intended to recover damages beyond the rights and benefits provided by the Social Security Institution (SGK).

These include material and moral damages such as:

• Medical expenses,
• Loss of earnings due to inability to work,
• Future loss in case of permanent incapacity,
• In case of death, compensation for loss of support to beneficiaries,
• Moral damages to alleviate emotional suffering.

Labor Law Attorney | Kartal – Istanbul

Labor disputes require extensive legal and technical knowledge. Even if you are right, the smallest mistake can cause you to lose your case and waste your efforts. Therefore, labor law cases should always be followed by an attorney. A Labor Law Attorney has handled hundreds of cases and gained valuable experience, increasing your chances of winning and reducing the risk of errors. In this regard, “Celep Hukuk ve Danışmanlık,” located in Kartal, Istanbul, provides legal services in labor courts to protect the rights of workers.