Best Employment & Labor Lawyers in Serdivan

About Employment & Labor Law in Serdivan, Turkey

Employment & Labor Law in Serdivan, a district in Sakarya Province, Turkey, operates within the general framework of Turkish labor law, which sets out the legal rights and obligations of employees and employers. The local workforce comprises individuals engaged in private businesses, public services, and growing sectors like retail, industry, and education. While national law applies, local economic trends and business environments in Serdivan can affect how issues like contract disputes, overtime, and workplace safety are managed.

Why You May Need a Lawyer

In the field of Employment & Labor, there are various situations where seeking legal advice from an employment lawyer is crucial. Common scenarios include:

• Unfair dismissal or wrongful termination by an employer.
• Disputes concerning unpaid wages, overtime, or severance pay.
• Discrimination or harassment at the workplace.
• Breach of employment contract or changes to job roles without consent.
• Issues regarding occupational health and safety.
• Matters involving social security, pension rights, and benefits.
• Preparation, negotiation, or review of employment agreements.
• Collective bargaining or union-related activities.
• Work permit issues for foreign employees.
• Facing labor inspections or administrative sanctions as an employer.

Whether you are an employee or employer, a legal professional with knowledge of local practices in Serdivan can help protect your rights and ensure compliance with the law.

Local Laws Overview

Employment & Labor matters in Serdivan are governed by the Turkish Labor Act (Law No. 4857) and related regulations, which cover key areas such as employment contracts, working hours, wages, workplace safety, termination procedures, and collective labor relations. Key local considerations include:

• Employment relationships must usually be formalized through written contracts, especially for jobs longer than 30 days.
• Normal working hours are 45 hours per week as per national law, with rules for overtime compensation.
• Employees are entitled to annual paid leave, national holidays, and other time-off benefits based on tenure and contract terms.
• Termination of employment must follow lawful grounds and procedures, including notice requirements and severance pay where applicable.
• Both employers and employees must adhere to occupational health and safety rules, subject to regular inspections by local authorities.
• Employees have the right to join unions and engage in collective bargaining.
• Social security registration is mandatory, entitling workers to healthcare, retirement, and unemployment benefits.
• Anti-discrimination laws protect employees from unfair treatment based on gender, religion, ethnicity, or political views.

Law enforcement and labor dispute resolution services are available locally, often through the labor courts (İş Mahkemesi) and mediation offices (arabuluculuk).

Frequently Asked Questions

What is the standard probation period in employment contracts?

In Turkey, the probation period is generally up to two months, but it can be extended to four months through a collective bargaining agreement. During this period, both parties may terminate the contract without notice.

How is overtime calculated and paid?

Overtime work is any time over 45 hours per week and must be compensated at one-and-a-half times the normal hourly wage, unless the employee opts for compensatory time off.

What are my rights if I am dismissed from my job?

If you are dismissed, you may be entitled to notice pay, severance pay, and compensation depending on your length of service and the reason for termination. Unjust dismissal can be challenged in court.

Is written notice required when terminating employment?

Yes, notice periods are required based on length of service, unless termination is for just cause. The minimum notice period ranges from 2 to 8 weeks.

Am I entitled to severance pay?

Yes, employees with at least one year of service who are dismissed (except for certain disciplinary reasons) are entitled to severance pay based on years of service.

What should I do if I experience workplace harassment or discrimination?

You should report the issue to your employer or human resources first. If not resolved, you can file a complaint with the labor inspectorate or seek legal advice to start a formal process.

Can foreign nationals work in Serdivan?

Yes, but they must obtain a work permit prior to beginning employment. Employers are responsible for ensuring proper documentation and compliance.

Are part-time and full-time workers treated differently?

Part-time employees have the same basic rights as full-time employees, in proportion to their working hours, including social security and paid leave entitlements.

What is the process for resolving employment disputes?

Most employment disputes in Turkey must first attempt resolution through compulsory mediation. If no agreement is reached, the matter can be taken to the local labor court.

How can I verify if my social security contributions are being paid?

You can check your social security records online using the Social Security Institution (SGK) e-government portal or by visiting a local SGK office.

Additional Resources

If you need more information or assistance, consider the following resources in Serdivan and nationwide:

• Ministry of Labor and Social Security: Oversees labor laws, unions, and dispute resolution processes across Turkey.
• Social Security Institution (SGK): Administers social security, health insurance, and retirement benefits.
• Serdivan Chamber of Commerce and Industry: Provides business-related support and guidance for local employers.
• Local Bar Association (Sakarya Barosu): Helps individuals find accredited lawyers specializing in Employment & Labor law.
• Labor Courts (İş Mahkemesi) in Sakarya Province: Handle formal employment and labor-related legal cases.
• Mediation Offices (Arabuluculuk): Facilitate the settlement of employment disputes before court action.

Next Steps

If you believe you need legal advice or representation in an Employment & Labor matter in Serdivan, consider the following steps:

1. Gather all relevant documents, such as employment contracts, payslips, correspondence, or incident reports.
2. Identify the main issue: termination, unpaid wages, discrimination, or other concerns.
3. Contact the local Bar Association or a law office specializing in Employment & Labor law in Serdivan for an initial consultation.
4. Assess whether your issue requires involvement of governmental bodies, such as the Ministry of Labor or SGK.
5. If recommended, attempt to resolve the dispute through mediation.
6. Prepare for legal proceedings if mediation fails, ensuring you have qualified legal representation.

A professional familiar with local practices in Serdivan can guide you through every step, ensuring your rights are protected and that you achieve a fair outcome under Turkish law.