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Practice area

Employment Law

Employment law covers disputes arising from the employment contract, the termination of the employment relationship and social security records. Employees who have been dismissed, whose receivables remain unpaid or whose insurance records are incomplete, as well as employers who want to manage employment contracts, termination procedures and potential disputes, look for legal support in this area.

What we handle in this area

  • Reinstatement claims: Mediation applications and lawsuits against terminations made without a valid reason.
  • Severance and notice pay: Determining the type of termination and the wage used for calculation, and pursuing the claims.
  • Employee receivables: Overtime, weekly rest days, national and public holiday pay, annual leave pay and unpaid wages.
  • Service determination: Establishing uninsured or incompletely reported periods of work, including Bağ-Kur (4/1-b) service.
  • Workplace accidents and occupational diseases: Claims for pecuniary and non-pecuniary damages.
  • Release letters and termination documents: Reviewing the validity of a release letter signed by the employee.
  • Advice for employers: Employment contracts, disciplinary and termination procedures, and mediation sessions.

How does the process work?

1. Mediation. For reinstatement and for receivable and compensation claims based on the law or on an individual or collective employment contract, applying to a mediator before filing a lawsuit is mandatory (Law No. 7036, Art. 3). The application is made to the mediation bureau of the courthouse in the place where the workplace or the other party is located. The mediator concludes the process within three weeks from the date of appointment; in necessary cases this period can be extended by up to one week.

2. Lawsuit. If no agreement is reached in mediation, a lawsuit is filed with the labor court. A reinstatement claim must be filed within two weeks from the date of the final mediation report (Labor Law, Art. 20). Service determination lawsuits must be filed within five years from the end of the year in which the service was performed (Law No. 5510, Art. 86).

3. Appeals. Labor court decisions can be appealed before the regional court of appeal and, where the conditions are met, before the Court of Cassation.

Because time limits can be strict, it is important to note the date on which you received the termination notice or the relevant document.

Frequently asked questions

How long do I have to file a reinstatement claim?

You must apply to a mediator within one month from the date the notice of termination is served. If no agreement is reached in mediation, a lawsuit can be filed with the labor court within two weeks from the date of the final mediation report (Labor Law No. 4857, Art. 20).

How long must I have worked to be entitled to severance pay?

You must have worked for the same employer for at least one year, and the employment contract must have ended in one of the ways listed in the law (Labor Law No. 1475, Art. 14).

How far back can I claim unpaid overtime?

The limitation period for wage receivables is five years (Labor Law, Art. 32). The same five-year period applies to receivables such as severance pay, notice pay and annual leave pay (Labor Law, Additional Art. 3).

Can I file a lawsuit directly without going to a mediator?

For employee and employer receivables and compensation based on the law or on an individual or collective employment contract, and for reinstatement claims, applying to a mediator is a condition for filing a lawsuit; a case filed without it is dismissed on procedural grounds. Compensation claims arising from workplace accidents and occupational diseases are outside this requirement (Law No. 7036, Art. 3).

Sources
  1. Labor Law No. 4857, Arts. 18–21, Art. 32, Additional Art. 3
  2. Labor Law No. 1475, Art. 14
  3. Labor Courts Law No. 7036, Art. 3
  4. Social Insurance and General Health Insurance Law No. 5510, Art. 86
  5. Legislation (in Turkish): mevzuat.gov.tr

This page is for general information only and does not constitute legal advice or opinion. Last reviewed: .

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