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About Employment & Labor Law in İskenderun, Turkey

İskenderun, a vibrant city in Hatay Province, is an industrial and commercial hub in southern Turkey. The local economy is shaped by shipping, manufacturing, logistics, and public services, with a large and diverse workforce. Employment & Labor Law in İskenderun is governed by Turkish labor legislation, notably the Labor Law No. 4857 and relevant international agreements to which Turkey is a party. These regulations set the standards for employee rights, employer obligations, work conditions, wages, health and safety, and the resolution of workplace disputes. Local factors such as the presence of factories, ports, and a dynamic service sector can sometimes lead to unique employment situations, making legal guidance important.

Why You May Need a Lawyer

Many individuals and businesses find themselves in need of legal support for Employment & Labor matters. Common situations include:

  • Unfair or wrongful termination from employment
  • Disputes related to unpaid wages, bonuses, or severance pay
  • Negotiating or challenging employment contracts
  • Workplace accidents and occupational health and safety issues
  • Harassment or discrimination claims
  • Issues concerning social security rights or pension entitlements
  • Collective bargaining or union-related disputes
Whether you are an employee facing unfair treatment or an employer wishing to ensure compliance with labor laws, consulting a lawyer can help protect your rights and prevent costly mistakes.

Local Laws Overview

Turkish Employment & Labor Law provides a comprehensive legal framework. In İskenderun, the most relevant aspects include:

  • Employment Contracts: All employment relationships should be formalized in a written contract specifying duties, wages, working hours, and conditions.
  • Working Hours and Overtime: The standard workweek is 45 hours. Overtime is paid at an increased rate and is regulated by law.
  • Termination and Severance: Termination procedures must adhere to legal standards, with severance pay required in many cases, especially for dismissals not based on just cause.
  • Social Security: Registration with the Social Security Institution (SGK) is mandatory, covering health, retirement, and workplace accident insurance.
  • Occupational Health and Safety: Employers must provide a safe working environment and are liable for workplace accidents under certain conditions.
  • Unions and Collective Bargaining: Employees have the constitutional right to unionize and engage in collective bargaining. Union activities are protected by law.
  • Special Rights: Maternity leave, annual leave, and other social rights are protected by the labor code.
Local courts in İskenderun, such as the Labor Courts (İş Mahkemesi), play a pivotal role in resolving workplace disputes.

Frequently Asked Questions

What documents are necessary for a legal employment contract in İskenderun?

A valid Turkish identity card or work permit (for foreigners), tax number, social security registration, and a signed written contract stating job role, wage, and employment terms.

How is severance pay calculated if I am terminated?

Severance pay is based on your years of service and your latest gross salary. For each full year worked, you are entitled to one month's gross salary as severance, provided you meet eligibility requirements.

Am I entitled to overtime pay and how is it determined?

Yes, if you work beyond 45 hours per week, overtime must be paid at 1.5 times the normal hourly wage unless otherwise specified in your contract.

What should I do if I have an accident at work?

Report the accident immediately to your employer and ensure the incident is recorded with the relevant authorities. Seek medical attention and obtain an official report to support any compensation claims.

Can my employer terminate my contract without notice?

Only in cases of just cause, such as severe misconduct. Otherwise, notice periods must be provided, or the employer must pay compensation in lieu of notice.

How can I file a complaint about unpaid wages?

You may first approach your employer, but if unresolved, file a complaint with the İskenderun Labor Court or apply to the Provincial Directorate of Labor and Social Security.

What rights do I have as a pregnant or new mother?

You are entitled to a minimum of 16 weeks paid maternity leave, job security during pregnancy, and protection against dismissal due to pregnancy or maternity leave.

How can foreign workers ensure their employment rights in İskenderun?

Foreign workers must have a valid work permit and are protected by the same labor laws as Turkish citizens, including safety, pay, and working conditions.

Are verbal employment agreements valid?

While verbal agreements are legally acceptable for short-term employment (less than 1 month), written contracts are highly recommended and generally required for longer-term employment to protect both parties.

Can I join a union, and how does this affect my employment?

Yes, you have the right to join a union of your choice. Union membership cannot be used as a reason for dismissal or unfair treatment by your employer.

Additional Resources

For guidance or to pursue your rights, the following resources can help:

  • İskenderun Labor Court (İş Mahkemesi): Handles employment disputes and claims.
  • İskenderun Provincial Directorate of Labor and Social Security: Offers information and support on labor rights, social security, and workplace safety.
  • Social Security Institution (SGK): Provides information on insurance, retirement, health benefits, and workplace accidents.
  • Bar Association of Hatay: Can help you find a specialized employment lawyer in İskenderun.
  • Trade Unions: Offer support for collective bargaining and individual workplace issues.

Next Steps

If you require legal assistance in Employment & Labor matters in İskenderun:

  • Gather all relevant documents, including employment contracts, pay slips, correspondence, and any evidence relating to your issue.
  • Note down key dates and details of your employment and any disputes or incidents that have occurred.
  • Contact a lawyer specializing in employment law. The Hatay Bar Association can provide referrals if needed.
  • Consider seeking advice from the local Directorate of Labor and Social Security or from a relevant trade union if you are a member.
  • Act promptly, as some labor claims are subject to strict deadlines.
Taking these steps can help you assert your rights effectively and achieve a fair resolution to your employment issue in İskenderun.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.