Best Employment Rights Lawyers in Basaksehir

About Employment Rights Law in Basaksehir, Turkey

Employment Rights Law in Basaksehir, Turkey, ensures that both employers and employees are protected according to national legislation, mainly governed by the Turkish Labour Law (İş Kanunu). This area of law covers topics such as employment contracts, working hours, wages, workplace safety, discrimination, termination, and severance pay. While Basaksehir is a district of Istanbul, Turkish Labour Law applies uniformly across the country, including Basaksehir, with some implementation handled by local authorities and courts. Protecting the rights of both parties in the employment relationship is crucial, and understanding these rights helps create a fair and lawful working environment.

Why You May Need a Lawyer

Many situations can arise in the workplace that may require professional legal assistance. People commonly seek help from employment lawyers in Basaksehir when they:

• Face unfair or wrongful dismissal.
• Experience discrimination at work based on gender, age, disability, ethnicity, or other protected characteristics.
• Are denied their rightful wages or overtime pay.
• Encounter issues related to severance pay or end-of-service benefits.
• Have concerns about unsafe or unhealthy working conditions.
• See violations of their employment contract terms.
• Disagree with the terms of a new or existing employment contract.
• Are involved in workplace harassment or bullying cases.

Engaging with a qualified lawyer ensures your rights are protected, deadlines are met, and the correct procedures are followed.

Local Laws Overview

Basaksehir follows the Turkish Labour Law No. 4857 and related regulations, which provide the framework for employment relationships. Key aspects relevant to employment rights include:

• Employment Contracts: Must be in compliance with Turkish Labour Law and outline essential terms such as job description, salary, working hours, and notice periods.
• Working Hours and Overtime: The standard weekly working time is 45 hours, and overtime work should be compensated with additional pay.
• Minimum Wage: Updated annually by the Turkish government and applicable uniformly throughout Turkey.
• Termination and Severance: Employees are entitled to notice periods and, in certain circumstances, to severance pay.
• Health and Safety: Employers must ensure safe working conditions in line with occupational safety and health regulations.
• Non-discrimination: The law prohibits discrimination based on language, race, sex, political opinion, philosophical belief, religion, and similar reasons.
• Social Security: Registration with the Social Security Institution (SGK) is mandatory, providing access to health insurance and pension rights.

Disputes are generally handled first by mediation and, if unresolved, by specialized labour courts located throughout Istanbul, including those serving Basaksehir.

Frequently Asked Questions

What is the legal working age in Basaksehir, Turkey?

The minimum legal working age in Turkey is 15. However, there are restrictions for workers under 18 in terms of the type of work and hours they can perform.

How is overtime compensated?

Overtime is compensated at 1.5 times the regular hourly wage. Employees cannot be forced to work more than 270 hours of overtime annually, except in urgent situations.

Can my employer terminate my contract without notice?

No, Turkish Labour Law requires employers to provide notice before termination unless there is just cause, such as gross misconduct. Employees who are terminated without proper reason or notice may be entitled to compensation.

Am I entitled to severance pay?

Employees who have worked for at least one year and whose contract is terminated for certain reasons (excluding employee resignation without cause) are entitled to severance pay equal to one month's wage for each year of service.

What rights do I have during pregnancy and maternity?

Female employees are entitled to 16 weeks of maternity leave (8 weeks before and 8 weeks after birth), with job protection during this period. Additional rights are provided for breastfeeding breaks and unpaid leave if requested.

How do I report workplace discrimination?

Reports can be made to the employer, the regional Labour Office, the Turkish Human Rights and Equality Institution (TIHEK), or through legal action at Labour Courts. Evidence is crucial for supporting your claim.

Are work permits required for foreign employees?

Yes. Foreigners must have a work permit and residence permit to be employed in Turkey. Both employers and employees share responsibilities in obtaining these permits.

Is probation period compulsory, and how long can it last?

Probation periods are optional but common in employment contracts. They cannot exceed two months but can be increased to four months through collective bargaining agreements.

What should be included in an employment contract?

An employment contract should include job description, salary, working hours, probation period (if any), notice period, and any other rights or obligations relevant to the role.

What should I do if I am not paid on time?

You should first notify your employer in writing. If the issue is not resolved, complaints can be lodged with the Ministry of Labour and Social Security, or you may pursue legal action at Labour Courts with or without the aid of a lawyer.

Additional Resources

Here are some organizations and resources that assist with Employment Rights in Basaksehir and Turkey-wide:

• Ministry of Labour and Social Security (Çalışma ve Sosyal Güvenlik Bakanlığı): Provides information, accepts complaints, and supervises employment standards.
• Social Security Institution (SGK): Manages social security benefits, including pensions and health insurance.
• Labour Unions: Various unions provide legal support and represent employee interests.
• Basaksehir Municipality Legal Advice Services: Some municipalities offer free or subsidized legal advice on employment matters.
• Turkish Bar Association (Türkiye Barolar Birliği): Can assist in finding qualified employment lawyers.
• Turkish Human Rights and Equality Institution (TIHEK): Addresses issues of workplace discrimination and equality.

Next Steps

If you believe your employment rights have been violated or you need clarification on any aspect of employment law in Basaksehir, consider the following steps:

• Document all relevant details related to your case, including contracts, correspondence, and evidence.
• Approach your employer or human resources department to resolve the matter amicably.
• If informal resolution is not possible, reach out to local legal aid offices or the Basaksehir Municipality for guidance.
• Consult with a specialized employment lawyer to understand your options and the best course of action.
• If necessary, file a claim with the appropriate governmental body or labour court. In most cases, mediation is attempted before court proceedings begin.

Seeking legal advice early helps protect your rights, increases your chances of a satisfactory resolution, and ensures you comply with any relevant deadlines or procedures.