Best Hiring & Firing Lawyers in İskenderun

About Hiring & Firing Law in İskenderun, Turkey

Located in Hatay Province, İskenderun is an important industrial and commercial center in southern Turkey. Like the rest of the country, employment relationships here are primarily governed by the Turkish Labor Law (number 4857), together with various regulations and collective bargaining agreements where applicable. The laws cover all aspects of hiring and firing, from recruitment, contracts, and work conditions to disciplinary actions and termination procedures. In İskenderun, both local businesses and multinational companies must comply with these national labor laws, and any disputes are typically handled by local labor courts.

Why You May Need a Lawyer

Hiring and firing issues can be complex, sensitive, and sometimes contentious. You may need legal advice in İskenderun in several situations, including:

• Disputes over wrongful termination or unfair dismissal
• Negotiating employment contracts or severance agreements
• Questions about employee rights or employer obligations
• Claims of workplace discrimination or harassment
• Ensuring compliance with notification and procedural requirements
• Dealing with mass layoffs, restructuring, or business downsizing
• Handling disagreements arising from temporary or fixed-term contracts
• Addressing wage or benefits disputes connected to termination

Local Laws Overview

Key aspects of hiring and firing law relevant to İskenderun include:

• Employment Contracts: All employees should have a written contract outlining job duties, wages, and conditions.
• Termination Procedures: Turkish law strictly regulates the process for ending employment. Employers must have valid reasons for termination and usually provide written notice unless there's a justified immediate termination (e.g., gross misconduct).
• Notice Periods: Notice durations are determined by the length of employment, typically ranging from 2 to 8 weeks. Payment in lieu of notice is permitted.
• Severance Pay: Employees with at least one year of service are entitled to severance pay if terminated without cause or retiring, calculated based on years of service and salary.
• Collective Dismissals: Mass layoffs require notification of both affected employees and the local Employment Agency. There are additional procedural requirements for large-scale layoffs.
• Prohibition of Discrimination: Law prohibits discrimination based on language, race, sex, political opinion, religion, or similar grounds during hiring or firing.
• Legal Recourse: Employees have the right to challenge terminations before local labor courts, and mediation is often required before litigation.
• Probation Periods: The maximum legal probation period is two months (can be extended to four months by collective agreement).

Frequently Asked Questions

What constitutes unfair or wrongful dismissal in İskenderun?

Wrongful dismissal occurs when an employee is terminated without a valid reason as required by law, especially for indefinite contracts. Lack of cause, discrimination, or procedural errors may make a dismissal unlawful.

Do employers always need a reason to fire an employee?

Yes, in most cases involving indefinite-term contracts with more than six months of service, employers need a valid reason related to performance or business needs. Fixed-term contracts may have different considerations.

Is severance pay mandatory?

Yes. Severance pay is mandatory for employees with at least one year of continuous employment if they are terminated without just cause, retire, or in certain other defined situations.

How much notice must an employer provide before firing an employee?

Notice periods depend on the employee’s length of service, ranging from 2 weeks (less than 6 months) to 8 weeks (more than 3 years). Payment instead of notice is permitted.

Can an employee resign and still claim severance pay?

Usually, severance is not paid on resignation. However, exceptions exist, such as resignation for military service, retirement, marriage (for female employees within one year), or health reasons.

What should an employment contract include?

Contracts should specify essential terms: job description, salary, working hours, location, duration (fixed or indefinite), and notice/severance terms. Written contracts protect both parties in case of disputes.

What is the process if I think I have been wrongfully dismissed?

You should apply for mediation within one month of dismissal. If mediation fails, you can file a claim with the local labor court in İskenderun for reinstatement or compensation.

Are there specific rules for probationary periods?

Yes. Probationary periods can be up to two months (or four with collective bargaining agreements). During probation, either party can terminate employment without reason or compensation but must pay outstanding wages.

Is there protection against discrimination in hiring and firing?

Absolutely. Turkish labor law explicitly prohibits discrimination on several grounds, including race, gender, religion, and political views, in all aspects of employment.

What rights do employees have during mass layoffs in İskenderun?

Employers must follow special procedures, including notifying employees and local authorities, and comply with additional timelines and compensation rules set by law.

Additional Resources

These institutions and resources may be helpful:

• İskenderun İşkur (Turkish Employment Agency): Offers job-matching, legal information, and support services for employment issues.
• İskenderun Labor Court: Handles individual and collective labor disputes, including wrongful termination claims.
• Çalışma ve Sosyal Güvenlik Bakanlığı (Ministry of Labor and Social Security): Responsible for labor regulations, complaints, and workplace inspections.
• Bar Associations (Hatay Barosu): Provides referrals to qualified employment lawyers in İskenderun and surrounding areas.
• Local trade unions and employees’ organizations: Offer advice, representation, and negotiation in collective disputes.

Next Steps

If you are facing an issue related to hiring or firing in İskenderun:

1. Document all relevant details, including contracts, correspondence, notices, and pay slips.
2. Attempt to resolve the issue internally or via company HR processes if possible.
3. Consult a local lawyer or seek help from the local bar association for an initial assessment of your situation.
4. If a dispute arises, initiate the mandatory mediation process before filing a labor court claim.
5. Regularly check for updates in labor laws and procedures, as employment regulations can change.