Best Employment Rights Lawyers in İskenderun

About Employment Rights Law in İskenderun, Turkey

Employment rights law in İskenderun, as in the rest of Turkey, is governed mainly by the Turkish Labor Law No. 4857, supplemented by regulations and collective agreements. These laws provide protections and set out obligations for both employees and employers. Topics covered include working conditions, wages, work hours, discrimination, severance pay, and occupational health and safety. İskenderun, with a vibrant industrial and port sector, has a diverse workforce where understanding these rights is crucial for protecting both employee and employer interests.

Why You May Need a Lawyer

Legal issues at work can be complex and emotionally charged. Common reasons you may need a lawyer specializing in employment rights include:

• Wrongful termination or unfair dismissal claims
• Unpaid wages, overtime, or social security contributions
• Harassment, discrimination, or workplace bullying
• Workplace injuries or occupational diseases
• Negotiating or disputing employment contracts
• Disputes over severance pay or notice periods
• Social security and insurance rights
• Whistleblower protection and retaliation
• Issues with collective bargaining or union representation

Lawyers can help you understand your rights, represent you in negotiations or court proceedings, and guide you through the required procedures and documentation.

Local Laws Overview

Key aspects of local laws in İskenderun affecting employment rights include:

• Employment Contracts: Either fixed-term or indefinite-term contracts are permitted, with required documentation and clarity on job roles and wages.
• Working Hours and Overtime: The usual working week is 45 hours. Overtime is subject to additional pay, and there are strict regulations governing shift work and rest periods.
• Wages and Benefits: Minimum wage is set by the government; all employees are entitled to at least this amount, paid promptly and in Turkish Lira.
• Termination and Severance: Employees have a right to severance pay under specific conditions, and notice periods must be observed for lawful termination.
• Social Security and Insurance: Employers must register workers with the Social Security Institution (SGK) and make required contributions.
• Occupational Health and Safety: Strict rules protect employees from hazards, with strong enforcement in larger workplaces or hazardous sectors.
• Anti-Discrimination: Discrimination based on gender, religion, ethnicity, or political views is illegal under both national and international agreements to which Turkey is a party.
• Unionization: Employees have the right to join unions and engage in collective bargaining, with specific procedures for strikes and lockouts.

Frequently Asked Questions

What is the standard workweek in İskenderun, Turkey?

The standard workweek in Turkey is 45 hours, typically spread over 5 or 6 days. Any work beyond 45 hours usually qualifies as overtime, requiring additional compensation.

Am I entitled to severance pay if I am dismissed?

Employees with at least one year of continuous service are generally entitled to severance pay if dismissed without cause or in certain other circumstances. The amount depends on length of service and salary.

How can I claim unpaid wages or overtime?

If your employer fails to pay wages or overtime, you can file a complaint with the local labor court or the İskenderun office of the Social Security Institution (SGK). It is advisable to keep records of hours worked and payments received.

Is my employer required to provide health and safety measures?

Yes. Employers must comply with occupational health and safety laws, including providing necessary equipment, conducting training, and preventing workplace accidents and occupational diseases.

What can I do if I face workplace discrimination?

You have the right to file a complaint with local labor authorities, your employer, or seek guidance from a lawyer or relevant NGOs. Discrimination based on gender, race, religion, or other protected grounds is illegal.

Can I join a union in İskenderun?

Yes, employees are free to join unions of their choice, engage in collective bargaining, and, under certain conditions, participate in strikes or other collective actions.

What is the process for wrongful termination claims?

Employees who believe they have been unfairly dismissed can file a claim with the local labor court. Pre-court mediation is often required. It is important to act quickly, usually within one month of dismissal.

Are employment contracts mandatory?

While oral contracts are permitted, written contracts are highly recommended, especially for fixed-term or part-time work, to avoid disputes over terms and conditions.

Who do I contact for workplace injury claims?

Workplace injuries should be reported immediately to your employer and the SGK. You may also consult a lawyer experienced in labor and social security law for support in seeking compensation or benefits.

What rights do foreign workers have?

Foreign workers with proper permits enjoy the same employment rights as Turkish citizens, including minimum wage, social security, and protection from discrimination.

Additional Resources

Several organizations and governmental bodies assist with employment rights in İskenderun and throughout Turkey:

• İskenderun Labor and Employment Office (İŞKUR): Assists with employment disputes, job placement, and vocational training.
• Social Security Institution (SGK - İskenderun Office): Handles social security registration, workplace injury claims, and related matters.
• Local Bar Association: Can direct you to qualified employment lawyers in the İskenderun area.
• Trade Unions and Workers' Confederations: Offer support for members on labor disputes and workplace rights.
• Ministry of Labor and Social Security: Oversees labor inspections and enforces regulatory compliance.

Next Steps

If you believe your employment rights have been violated or need legal advice, consider the following steps:

• Document all relevant information, including employment contracts, payslips, correspondence, and any evidence of unfair treatment.
• Discuss your case internally with your employer’s human resources or personnel department, if appropriate and safe to do so.
• If unresolved, contact a local employment lawyer or the İskenderun Bar Association for legal advice and representation.
• Consider reaching out to relevant governmental bodies such as İŞKUR or SGK for administrative assistance or to file a formal complaint.
• Be aware of time limits; certain claims, such as unfair dismissal, must be filed within strict deadlines.

Legal procedures can be challenging, but timely action and the right advice can help you protect your rights and navigate employment disputes in İskenderun, Turkey.