Labor and Social Security Law
Labor and social security law is the branch of law that governs the employment relationships between employees and employers, the mutual rights and obligations of the parties, and the rights of employees arising from the social security system.
Nacar Law provides legal support to employees and employers regarding legal needs that may arise from the establishment to the termination of employment relationships, as well as in labor and social security disputes, taking into account the specific circumstances of each case.
The Scope of Labor and Social Security Law
The Labor Code No. 4857 is one of the primary pieces of legislation governing labor relations in Turkey. In addition, the Labor Courts Law No. 7036, the Social Insurance and General Health Insurance Law No. 5510, the Turkish Code of Obligations, and other relevant statutory provisions, depending on the nature of the employment relationship, may also apply.
The formation and termination of employment contracts, as well as issues such as working conditions, wages, overtime, annual leave, seniority, and severance pay, are among the key elements of labor law. Social security law, on the other hand, covers insurance coverage, premiums, workplace accidents, and other legal relationships arising from the social security system.
In Which Areas Do We Provide Legal Support?
The requirements under labor and social security law may vary depending on the nature of the employment relationship and the dispute.
In this context;
- Drafting and reviewing employment contracts,
- Procedures related to the termination and expiration of employment contracts,
- Disputes regarding severance pay and notice pay,
- Claims regarding wages and overtime pay,
- Annual paid leave and other employee entitlements,
- Reinstatement processes,
- Monitoring disputes between employees and employers,
- Legal proceedings arising from workplace accidents,
- Disputes regarding the determination of employment and insurance coverage,
- Disputes arising from social security legislation,
- Mediation and Litigation Processes in Labor Disputes
Legal support is provided in these areas.
Establishment and Termination of an Employment Contract
An employment contract forms the basis of the working relationship between an employee and an employer. It is important that the contract specify, in accordance with the law, the terms of employment, compensation, the obligations of the parties, and any other matters necessary based on the nature of the relationship.
The termination of an employment relationship, however, may have various legal consequences for the parties involved. The legal nature and grounds for termination may be significant in terms of severance pay, notice pay, reinstatement, and other employee entitlements.
For this reason, the process leading to the termination of an employment contract must be evaluated in light of the specific circumstances of the case and the relevant legal provisions.
Wage Claims and Labor Disputes
Disputes may arise regarding various claims such as wages, overtime pay, annual leave, seniority pay, and notice pay either during the course of the employment relationship or after its termination.
In assessing claims for wages, the employment contract, wage records, hours worked, workplace records, and other evidence related to the dispute may be significant.
In labor disputes specified by law, seeking mediation before filing a lawsuit may be a prerequisite for filing a lawsuit. If an agreement cannot be reached through mediation, it is possible to pursue legal action in accordance with the relevant terms.
Procedures Related to Social Security and Workplace Accidents
Employees’ insurance status, length of service, social security contributions, and workplace accidents are among the key issues in social security law.
Failure to report services to the Social Security Institution, or reporting them incompletely; disputes regarding insured status; and legal proceedings arising from workplace accidents may give rise to different legal remedies depending on the specific circumstances of the case.
Nacar Law provides legal support aimed at protecting its clients’ rights and interests in matters related to labor and social security law, taking into account the specific characteristics of the employment relationship and the relevant legislation.
Legal Notice: The information on this page is provided for general informational purposes only and does not constitute legal advice.