Labour law governs the employer-employee relationship, working conditions and the rights and duties arising on termination. We handle reinstatement claims, severance and notice pay, overtime and unpaid wages.
Labour law governs the relationship between employee and employer and is built on the principle of protecting the employee. The Labour Act No. 4857 is the principal statute. The most critical point in this field is time limits: in particular, the period running from a notice of dismissal in a reinstatement claim is very short, and once missed the right to bring the claim is lost entirely.
Dismissal and Termination
Reinstatement Claims
The remedy available to an employee within the scope of job security (one who meets the requirements as to headcount and length of service) against a dismissal made without a valid reason. The process begins with compulsory mediation; if no agreement is reached, proceedings are issued. If the claim succeeds, job security compensation and pay for the period out of work are awarded to the employee.
Termination for Just Cause
Where wages are not paid, social security premiums are underdeclared, the employee is subjected to bullying, or working conditions are substantially altered, the employee may terminate the contract for just cause and become entitled to severance pay. It is very important that the reason for termination is given in writing and in good time.
Employment Claims
- Severance pay: calculated on the enhanced gross wage for each full year of service, in the termination situations listed in the law.
- Notice pay: arises where a dismissal is made without observing the notice periods.
- Overtime pay: work exceeding the statutory weekly hours must be paid at an increased rate.
- Annual leave pay: untaken leave converts into a payment only when the contract ends.
- Public holiday and weekly rest claims: claimed where the employee worked on those days.
For these claims, payslips, timekeeping records, bank movements and witness evidence are decisive on proof.
Workplace Bullying (Mobbing)
Systematic, continuing conduct aimed at wearing the employee down is treated as bullying. The employee may both exercise the right to terminate for just cause and claim non-pecuniary damages. Correspondence, witnesses and any medical reports are important evidence.
Advice for Employers
We provide preventive advice on drafting employment contracts and workplace policies, conducting dismissal procedures correctly, taking written statements and keeping records, and monitoring occupational safety obligations. A properly structured dismissal prevents a large proportion of the claims that would otherwise be brought.