Labor and Social Security Law

Labor and Social Security Law

The legal relationship between employees and employers Labor Law No. 4857 regulating relations, Maritime Labor Law No. 854, Maritime Labor Law No. 5953 On the Regulation of the Relations between Employees and Employers in the Press Profession Law, Law No. 5510 on Social Security and General Health Insurance The resolution of all kinds of legal disputes is within this scope. Cases that can be filed within this scope are labor lawsuits arising from receivables, reinstatement lawsuits, lawsuits arising from work accidents, cases arising from occupational diseases, cases for determination of insurance and trade union It is possible to group them as lawsuits arising from rights.

Labor Receivables

• The employment contract is terminated by the employer or the employee for just cause arising from severance pay and notice pay receivable due to termination of employment lawsuits

• Lawsuits arising from overtime wages,

• Lawsuits arising from Week Holiday Work

• In return for working on Official and Religious holidays, which are defined as General Holiday work lawsuits arising from unpaid wage claims

Lawsuits arising from annual vacation pay receivables and all kinds of labor receivables lawsuits arising from

Return to Work Cases

Article 18 of the Labor Law No. 4857 states that thirty or more In workplaces employing workers, an employee with at least six months of seniority can be employed for an indefinite period of time. termination of the employment contract must be based on a valid reason. Employment contract The employee whose termination is not based on a valid reason Articles 20 and 21 of the Labor Law No. 4857 in accordance with the law, he/she will be able to file a reinstatement case.

Duration and procedure for filing a reemployment lawsuit Labor Law No. 4857 It is regulated in Article 20 of the Law. According to this article; "The employee whose employment contract is terminated, no reason is given in the termination notice or the reason given is not a valid reason is within one month from the date of notification of termination by claiming that it is not. court in a court of law. If the parties agree, the dispute may be referred to a special arbitrator within the same period. is taken away.

The burden of proof that the termination is based on a valid reason lies with the employer. The worker must prove that the termination If it claims that it is based on another reason, it is obliged to prove this claim.

The case shall be concluded within two months according to the expedited procedure. The decision of the court In case of appeal, the Court of Cassation shall render a final decision within one month."

Again, the issues that the employee may request as a result of the reinstatement lawsuit are regulated by the Labor Law No. 4857 Article 21 regulates. Accordingly; "Unless a valid reason is shown by the employer or the court or the special arbitrator determines that the reason given is not valid If the termination is deemed invalid, the employer is obliged to reinstate the employee within one month. must. If the employer fails to reinstate the worker within one month upon his/her application, he/she shall be paid at least shall be liable to pay compensation in the amount of four months' and at most eight months' wages.

Failure to reinstate the employee when the court or special arbitrator decides that the termination is invalid also determines the amount of compensation to be paid in the event of an accident.

Until the finalization of the decision, the worker is entitled to a maximum of four months for the period he was not employed. wages and other rights are paid.

If the worker is restarted, the wage for the notice period paid in advance and severance pay, deducted from the payment to be made according to the provisions of the above paragraph. To the worker who is not reemployed notice period has not been given or the wage for the notice period has not been paid in advance. of the fee amount is paid separately.

Within ten working days from the notification of the finalized court or special arbitral award must apply to the employer to start work. The worker must apply within this period is not found, the termination by the employer shall be deemed a valid termination and the employer shall only will be liable for the legal consequences.

The provisions of the first, second and third paragraphs of this article shall not be applicable to contracts cannot be changed; contractual provisions to the contrary are invalid."

Arising from Work Accidents Material and Moral Damages

Definitions of Law No. 6331 on Occupational Health and Safety In subparagraph (g) of Article 3 titled; work accident occurs at the workplace or due to the execution of the work that occurs, causes death or renders the body integrity mentally or physically disabled is defined as an event that renders a person incapacitated. However, in Article 13 of the Law No. 5510, labor A broader definition of accident has been introduced. According to this definition, work accident is

a) When the insured is present at the workplace,

b) The insured on his own behalf and on his own account due to the work carried out by the employer if he/she is self-employed, because of the work he/she is carrying out,

c) An insured person who works for an employer may be assigned to work in a place other than the workplace. time spent without doing his/her main job due to being sent to a place,

d) Breastfeeding women within the scope of subparagraph (a) of the first paragraph of Article 4 of this Law during the time allocated for the insured to give milk to his/her child in accordance with the labor legislation,

e) Transportation of the insured to and from the place of work by a vehicle provided by the employer during the course of the insured's employment and which renders the insured physically or mentally disabled immediately or subsequently is the event that brings. It is defined as.

As a result of the work accident that occurred within the framework of the above-mentioned legal regulations the relatives of the deceased worker may be entitled to compensation and damages against the employer for depriving them of the support of the deceased may file a lawsuit for non-pecuniary damages. Again, the worker who is injured in a work accident to claim pecuniary and non-pecuniary damages against the employer if he/she has suffered a loss (disability) will be able to file a lawsuit.

Address

Doğu Mahallesi Çakır Sokak No:12 Alibey Villaları
Pendik/İstanbul

Contact

Email: info@tunchukuk.com
Phone: +90 (216) 491 90 35
Fax: +90 (216) 491 90 36