Best Hiring & Firing Lawyers in Serdivan

About Hiring & Firing Law in Serdivan, Turkey

Hiring and firing—two integral aspects of the employment relationship—are governed by Turkish labor law, which aims to balance employer needs with employee protections. In Serdivan, a growing and dynamic district in the Sakarya province, these processes are subject to both national regulations and specific local practices. Whether you are an employer looking to expand your workforce or an employee facing termination, understanding the legal landscape in Serdivan is critical.

Why You May Need a Lawyer

Navigating hiring and firing regulations can be complex. Common situations in which you may need legal advice include:

• Drafting employment contracts that comply with Turkish law.
• Addressing wrongful termination claims or disputes over notice periods.
• Ensuring fair disciplinary practices and performance management procedures.
• Resolving disputes related to severance pay, redundancy, or termination compensation.
• Managing collective layoffs or negotiating with labor unions.
• Responding to claims of workplace discrimination or harassment.
• Adhering to requirements regarding temporary or fixed-term contracts.
• Handling disputes before labor courts or governmental employment bodies.

Legal advice helps both employers and employees understand their rights, avoid costly mistakes, and ensure fair and lawful outcomes.

Local Laws Overview

Hiring and firing in Serdivan, as in all parts of Turkey, is primarily governed by the Turkish Labor Law (Law No. 4857) and related regulations. Key aspects include:

• Written Employment Contracts: These are strongly recommended, especially for indefinite-term employment, and are mandatory for contracts over one year.
• Probation Periods: Generally up to two months (extendable to four with collective agreements).
• Termination Requirements: Employers need valid reasons for dismissal in most cases, especially if the worker has over six months’ tenure and the business has 30+ staff. Notification periods and severance payments may apply depending on length of service.
• Notice Periods: Ranging from two to eight weeks, depending on the employee’s length of service.
• Severance Pay: Employees with at least one year of continuous service are typically entitled to severance pay.
• Unlawful Termination: Employees may challenge their dismissal through mediation or labor courts if they believe it was unjustified or unfair.
• Equal Treatment: Discrimination based on gender, religion, or similar reasons in hiring or firing decisions is prohibited.
• Collective Dismissals: Stricter rules apply, including notifications to governmental bodies such as İŞKUR (Turkish Employment Agency).

Frequently Asked Questions

Is a written employment contract necessary in Serdivan?

While not always legally required, a written contract is strongly recommended to protect both parties. Employment contracts longer than one year must be in writing.

What reasons can an employer use to terminate employment?

Employers must generally have valid reasons related to the employee’s conduct, performance, or business needs for termination, especially where job security provisions apply.

How much notice is required before firing an employee?

Notice periods depend on the employee’s length of service, ranging from two weeks for less than six months of service to eight weeks for service longer than three years.

Who is entitled to severance pay upon dismissal?

Employees with at least one year of continuous service (excluding those dismissed for serious misconduct) are usually entitled to severance pay.

Can employees challenge unfair dismissal?

Yes. Employees can initially apply for mandatory mediation, and if unresolved, take their case to labor courts.

Are trial periods allowed in employment contracts?

Yes, a probationary period of up to two months is allowed by law (extendable to four with a collective agreement).

Is it legal to fire someone without justification?

For businesses with 30 or more employees and workers with at least six months of tenure, terminations must generally be justified. Otherwise, summary dismissals may risk legal challenge.

What are the main steps for hiring employees legally?

Register the employment with the Social Security Institution (SGK), draft the necessary contracts, and adhere to work permit requirements for foreign employees if applicable.

What protections exist against discrimination in hiring or firing?

Turkish law prohibits discrimination on grounds such as gender, ethnicity, religion, or language in both hiring and firing decisions.

What happens in the case of collective dismissals?

For collective layoffs, employers must notify the Turkish Employment Agency (İŞKUR) and the relevant union at least 30 days prior, following procedures set out by law.

Additional Resources

Individuals seeking more information or support on hiring & firing issues in Serdivan, Turkey, can contact:

• SGK (Social Security Institution): For employee registration and social insurance matters.
• İŞKUR (Turkish Employment Agency): For issues regarding employment support, collective dismissals, and employer obligations.
• Local Labor and Employment Offices: For guidance on local employment law compliance.
• Sakarya Bar Association: For finding local employment law specialists or legal assistance.
• Labor Courts: For resolution of employment disputes, including wrongful termination claims.

Next Steps

If you need legal assistance navigating hiring or firing laws in Serdivan, you should:

• Document the situation carefully—gather contracts, correspondence, and any evidence.
• Contact a local lawyer specializing in labor law, ideally through the Sakarya Bar Association or by personal referral.
• Consider reaching out to mediation services, as many employment disputes require mediation before court proceedings.
• If you are an employer, ensure you follow correct procedures for notice, documentation, and settlements to avoid legal liability.
• If you are an employee, understand your rights regarding notice, severance, and recourse for unfair dismissal.

Acting promptly and seeking expert advice can help ensure your rights are protected and you meet all legal requirements during the hiring or firing process in Serdivan, Turkey.