Akkas & Associates Turkish employment lawyers represent employers in connection with virtually every aspect of the employment relationship. What is Mobbing Under Turkish Law? Our employment attorneys regularly represent both public and private-sector employers, both unionized and union-free, in administrative proceedings, arbitration, and in litigation before Turkish Employment Courts.
Akkas & Associates Law Firm’s Turkish employment lawyers have experience in all aspects of Turkish labour laws including obtaining work permits. We represent employers in dealing with unions in collective bargaining and arbitration, and in defense of unfair labor practice charges. Akkas & Associates Law Firm solicitors also have experience representing employers in union organizing campaigns, elections, and representation proceedings. Our immigration lawyers also assist our corporate clients to obtain work permits and resident permits for their expats from other countries.
Recently the Supreme Court of Appeals handed down some new rulings relating to employment law, particularly in regards to mobbing in the workplace.
What is Mobbing under Turkish Law?
Since it can occur in many forms there is no clear definition under the law for mobbing. Mobbing can take place in many forms and each incident should be analyzed in its own merits to find out if an action can truly be classified as mobbing or not.
While there is no clear definition under the law, the court’s decisions made several definitions of mobbing defining its different faces different characters. The main characteristics of mobbing is that it is done by others in the same work place — usually by superiors or by the command of superiors by other employees — as a persistent pattern of mistreatment. This mistreatment should also cause some sort of harm to the employee. On other words, mistreatment which does not cause harm — in other words, if the harm cannot be proven — may not be classified as mobbing.
If an employee is subject to mobbing, there is just cause to terminate the employment contract for this employee and the employee shall be awarded compensation if the other requirements by the law, such as seniority, are also fulfilled.
Once the mobbing takes place, the employee should file with the employment court after the termination of the contract. In this case, the court will seek evidence from the employee to determine if there is a case of mobbing or not.
Turkish employment law court proceedings are mostly dependent upon witness statements as the nature of the law is not based on the written form.
The court will evaluate the evidence when making its decision. The decision-making process is under the sole discretion of the judge and once the judge is convinced of the facts of the case, the decision can be made. As a general rule, a court case should be proven but one bit of evidence might not be enough to explain the case fully. At this point the judge’s discretion comes into the matter and the judge makes his or her decision on whatever evidence exists. To sum up, it is not a must that a case is proven 100 percent. However this matter has not been very clearly stated in Supreme Court decisions up until the recent mobbing decision.
Mobbing Details Under Turkish Law
Akkas & Associates’ Turkish labor employment law attorneys are prepared to represent employers in connection with virtually every aspect of the employment relationship. Our Turkish labor employment lawyers also represent our clients in both unionized and union-free, in administrative proceedings, in arbitration, and in litigation.
Akkas & Associates represents clients across the spectrum of labor and employment matters, including allegations of wrongful termination, employment discrimination and non competition violations. We also have extensive experience in matters arising in representation proceedings, collective bargaining negotiations, arbitrations, litigation in labor courts.
For over the past two decades, Akkas & Associates has regularly been engaged in various employment law disputes. We have represented various companies in defending employment related matters. Akkas & Associates lawyers have experience in all aspects of Turkish labour laws. We represent employers in dealing with unions in collective bargaining and arbitration, and in defense of unfair labor practice charges. Akkas & Associates lawyers also have experience representing employers in union organizing campaigns, elections, and representation proceedings.
Turkish Labor Employment Law
Akkas & Associates Law Firm solicitors are also experienced in all aspects of Turkish Labour & Employment law. We draft policies and employee handbooks and conduct training for management and for entire work forces in the areas of discrimination and sexual harassment. Akkas & Associates Law Firm attorneys have successfully represented employers in proceedings before agencies having jurisdiction over discrimination cases in Turkey.
Most importantly, Akkas & Associates Law Firm solicitors provide their clients with day-to-day counseling. In so doing, we assist employers in maintaining compliance with applicable laws and avoiding litigation by dealing with employees effectively and fairly within the bounds of the law.
We Draft Employment Contracts
Akkas & Associates Turkish employment lawyers have assisted clients with voluntary separation packages. Akkas & Associates Law Firm also has experience in negotiating and drafting individual employment agreements, separation agreements, and non-compete agreements.
We Lecture HR Professionals
Akkas & Associates Law Firm attorneys frequently provide lectures to human resource professionals and attorneys on a wide range of subjects related to the employment relationship.
Termination of Employment Contracts
Termination With Valid Reasons: We always recommend our clients to specify valid reasons while terminating employment contracts, because an employee whose employment contract was terminated can file;
- a reinstatement claim or
- a compensation claim for bad faith damages.
According to Article 18 of Turkish Labor Act, the employer, who terminates the contract of an employee engaged for an indefinite period, who is employed in an establishment with thirty or more workers and who meets a minimum seniority of six months, must depend on a valid reason for such termination connected with the capacity or conduct of the employee or based on the operational requirements of the establishment or service.
- Reinstatement claims can only be filed against a Company that employ 30 or more than 30 employees and by employees that has at least 6 months of length of service.
- In cases where employment contracts of employees -who fall outside the scope of Article 18, (e.g. if there are less than 30 person employed in the Company)- are terminated by the employer, the employee will be able to file a lawsuit demanding compensation which amounts to three times the worker’s salary of the notice period claiming that the employer has terminated the contract with bad faith. To prevent such a lawsuit, an employer should specify a valid reason for terminating an employment contract.
Market stagnation, market share loss, raw material shortage, decrease on sales possibilities, decline in sale resources, implementation of new technologies, close down of several departments, etc. can be deemed as valid reasons for termination based on the operational requirements of the management, establishment or service.
Notice Period and Notice Pay
Before terminating a continual employment contract made for an indefinite period, a notice to the other party must be served by the terminating party. The contract shall then terminate:
- in the case of an employee whose employment has lasted less than six months, at the end of the second week following the serving of notice to the other party;
- in the case of an employee whose employment has lasted for six months or more but for less than one-and-a-half years, at the end of the fourth week following the serving of notice to the other party;
- in the case of an employee whose employment has lasted for one-and-a-half years or more but for less than three years, at the end of the sixth week following the serving of notice to the other party;
- in the case of an employee whose employment has lasted for more than three years, at the end of the eighth week following the serving of notice to the other party.
These are minimum periods and may be increased by contracts between the parties. You can choose to ignore the notice period. The party who does not abide by the rule to serve notice shall pay compensation covering the wages which correspond to the term of notice. Please note that, while calculating the notice pay, gross salary with material benefits that are provided to the employee regularly shall be taken into account.
Upon termination of the employment contract on the grounds other than stated in Article 25 (termination of the contract by the employer with rightful reasons) of the 4857 numbered Labor Act, the employee becomes entitled to severance pay. In case any labor contract is terminated for a reason that qualifies for severance pay, severance pay amounting to gross wages of 30 days for every full year of employment will be granted. For periods of more than one year, this will be proportioned and included in the calculation.
Along with wages paid to the employee, severance pay calculations take into account the gross amounts of all money and material benefits that are provided regularly (travel allowance, food allowance, condition of regularity, bonus payments, etc.). The amount of severance pay paid for each full year of employment is limited by a severance pay upper limit in effect on the date of termination. (For 2020, 6.730.15 TL.)
While terminating an employment contract annual leave and overtime work of an employee (first 270 hours of overtime work are included to the salary) shall also be paid by the employer.
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Akkas & Associates is a solution-oriented law firm that empowers clients to meet the diverse and changing demands of today’s global market. Since 1992, our lawyers have been helping clients’ complex legal challenges and maximize opportunities for success. Our law firm is now one of the leading Labor Employment law firms in Istanbul, Turkey. You may reach us for What is Mobbing Under Turkish Law? through our Contact page.