Employment Law and Labor Attorney in Cerkezkoy

How Do Employment Claims Proceed?

In disputes between employees and employers over receivables, compensation and reinstatement, applying to a mediator before filing suit is a precondition (Labour Courts Law No. 7036, art. 3). The process therefore usually starts with an application to the mediation office at the courthouse.

1. Calculation and documents: Payslips, the social security service record, bank records and the termination notice are reviewed to calculate the claims.
2. Mediation: The mediator concludes the process within 3 weeks, extendable by up to 1 week where necessary.
3. Agreement or lawsuit: An agreement has the force of a court judgment. If there is no agreement, the case is filed at the labour court.
4. Expert review: The court has claims such as overtime and severance pay calculated by an expert.
5. Judgment and collection: Enforcement proceedings can be started against the employer for final awards.

Deadlines You Must Not Miss

• Reinstatement: Apply to a mediator within 1 month of service of the termination notice; if there is no agreement, file suit within 2 weeks of the final report (Labour Law art. 20).
• Reinstatement requires at least 30 employees at the workplace, at least 6 months of seniority and an indefinite-term contract.
• The limitation period for severance, notice pay, annual leave and wage claims is 5 years.
• Severance pay requires at least 1 year of service and termination on one of the grounds listed in the law; it equals 30 days' gross wage per full year, subject to a statutory ceiling.
• Work accidents: The employer must report the accident to the Social Security Institution within 3 working days. See our work accident compensation guide and our severance pay article.

Frequently Asked Questions