Best Hiring & Firing Lawyers in Kayseri

About Hiring & Firing Law in Kayseri, Turkey

Hiring and firing, or employment and termination of employees, are governed by national labor laws in Turkey, and these laws are enforced uniformly, including in the province of Kayseri. However, local economic conditions and business practices may influence how these laws are applied in practice. Employment relationships are mainly regulated by the Turkish Labor Law No. 4857 and additional codes. Both employers and employees have specific rights and responsibilities regarding contracts, working conditions, and termination processes.

Why You May Need a Lawyer

Seeking legal advice is important when dealing with hiring and firing issues, especially in cases involving disputes, misunderstandings, or complexities such as:

• Drafting and reviewing employment contracts to ensure compliance with Turkish law.
• Navigating wrongful termination claims or disputes over severance pay.
• Managing collective dismissals, layoffs, or large-scale restructuring.
• Addressing discrimination, harassment, or allegations of unfair treatment.
• Ensuring proper procedure when terminating contracts for just cause or other legal reasons.
• Understanding statutory rights regarding notice periods, job security, and unemployment benefits.
• Handling disputes at the labor courts or through mediation.

Local Laws Overview

Key aspects of local and national laws relevant to hiring and firing in Kayseri include:

• Employment Contracts: Contracts can be verbal or written, but written agreements are highly recommended. Fixed-term and indefinite contracts are both recognized.
• Probation Period: The probation period is generally up to two months, but may be extended to four months via collective agreements.
• Working Hours and Overtime: Standard working hours are 45 hours per week. Overtime pay is mandatory for extra hours.
• Employee Rights: Employees are entitled to benefits such as social security, minimum wage, paid leave, and severance payments under certain conditions.
• Dismissal Procedures: Dismissal must generally be based on valid reasons, and the process must follow specific legal steps, including providing written notice and severance where applicable.
• Notice Periods: Notice periods depend on length of service, ranging from 2 to 8 weeks. Immediate termination is possible for serious misconduct.
• Severance Pay: Employees with at least one year of service may qualify for severance pay if the termination is not for just cause.
• Collective Dismissals: If a large number of employees are being terminated, additional notification requirements to government authorities and employee representatives apply.
• Unfair Dismissal Claims: Employees can challenge terminations in labor courts if they believe their rights have been violated.
• Mediation Requirement: Labor disputes related to dismissals are required to undergo mediation before proceeding to court.

Frequently Asked Questions

What is required for a legal employment contract in Kayseri, Turkey?

Employment contracts can be verbal or written, but written contracts are recommended to avoid misunderstandings. They should specify job role, compensation, work hours, leave rights, and other key terms.

Can an employer dismiss an employee without reason?

Employers with 30 or more employees and employees with at least 6 months of service can only be dismissed for valid reasons. Otherwise, the termination may be considered unfair.

What is the standard notice period for termination?

Notice periods depend on how long the employee has worked for the company, ranging from 2 to 8 weeks. Terminations for just cause do not require notice.

Is severance pay mandatory in all dismissals?

Severance pay is mandatory if the employee has worked at least one year and the termination is not for misconduct or similar just causes outlined in the law.

What rights do employees have if they are unfairly dismissed?

Employees can file a lawsuit at the labor court for reinstatement and compensation. Before going to court, mediation is mandatory.

Are there any specific regulations for probationary periods?

Probationary periods must not exceed two months unless otherwise provided by collective agreements, where it can be extended up to four months.

Is overtime pay regulated?

Yes, employees must be paid 150% of their regular hourly wage for overtime. There are limits on the amount of overtime allowed per year.

How are layoffs or collective dismissals handled?

Layoffs involving a significant number of employees require prior notification to governmental authorities and employee representatives, and additional procedures must be followed.

Can an employee resign without notice?

Employees are expected to provide notice as per their contract or statutory period. Immediate resignation without notice is allowed only for valid legal reasons, such as employer misconduct.

What steps should be taken if I disagree with my termination?

Disputes must first go through a mediation process. If a solution isn't reached, the case can be brought to the labor courts, where both sides present their claims.

Additional Resources

If you need more information or support regarding hiring and firing in Kayseri, consider reaching out to the following organizations:

• Kayseri Bar Association (Kayseri Barosu): Offers lawyer referrals and legal advice services.
• Ministry of Labour and Social Security: Provides information on employment laws and dispute resolution mechanisms.
• Social Security Institution (SGK): Handles employee registrations, benefits, and inquiries related to social security rights.
• Provincial Directorate of Labour and Employment Agency (İŞKUR): Assists with employment issues, job placements, and supports both employees and employers.
• Local Unions and Worker Associations: Provide guidance, representation, and support for employees in dispute situations.

Next Steps

If you need legal assistance with a hiring or firing matter in Kayseri:

1. Document all relevant facts and correspondence regarding your employment situation.
2. Contact a lawyer who specializes in Turkish labor law, preferably with experience in the Kayseri region.
3. If you are an employee, explore support from your trade union or worker association.
4. If a dispute has arisen, prepare for the mandatory mediation process before pursuing a court case.
5. Ensure you meet any applicable deadlines for lodging disputes or making claims, as these can be strict in Turkey.
6. Keep yourself informed of updates in labor laws, as regulations change and may affect your rights or obligations.