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Mardin, Turkey

Cihan Hukuk Bürosu is led by attorney Cihan Tatlı and provides legal representation and legal consultancy to individuals and entities. Its work takes the circumstances of each matter into account.
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When a dismissal in Mardin may be unlawful - and what to do first

A dismissal may be unlawful if the employer did not follow required procedures, failed to provide a legally valid reason where one is required, or acted for a prohibited reason. The rules apply to employees working in Mardin, including Artuklu and the province’s other districts. The right claim and forum depend on the contract, the employer’s workforce, the reason given, and where the work was performed.

For some employees, the main remedy is reinstatement; others may have claims for notice pay, severance pay, unpaid wages, or compensation. A lawyer can assess which claims fit the facts and help protect short filing deadlines. Keep the dismissal notice, contract, payslips, messages, and Social Security records, and seek advice promptly.

Situations where a Mardin employment lawyer may help

  • You work at a Mardin workplace and receive a dismissal notice with no clear reason, or no written notice at all.
  • Your employer says your performance or conduct was inadequate, but did not explain the allegation or give you a fair opportunity to respond where the law requires it.
  • You are dismissed after raising concerns about unpaid wages, workplace safety, or your employment rights.
  • You suspect the decision was connected to discrimination, pregnancy, union activity, or another prohibited reason.
  • You work in one Mardin district while the employer’s registered address or another work site is elsewhere, and need to identify the proper mediation and court venue.
  • Your employer offers a settlement or asks you to sign a resignation or release, and you need to understand the effect before signing.

Turkish laws that govern dismissal claims

Labour Act No. 4857, published on June 10, 2003, regulates employment contracts, notice periods, job security, and remedies for invalid termination. Reinstatement protections generally require an indefinite-term contract, at least six months’ service, and an employer with at least 30 employees; statutory exceptions apply.

Labour Courts Act No. 7036, published on October 25, 2017, requires mediation before most employment lawsuits, including reinstatement claims. A worker seeking reinstatement generally must apply to a mediator within one month of receiving the termination notice; if mediation fails, the lawsuit must generally be filed within two weeks after the final record.

Turkish Code of Obligations No. 6098, effective July 1, 2012, contains rules on service contracts and may apply alongside employment legislation where relevant. Which provisions matter depends on the employment relationship and the claim.

Frequently asked questions

What counts as an unlawful dismissal in Turkey?

A dismissal may be unlawful if the employer breaches a statutory requirement or relies on a prohibited reason. For employees covered by job security rules, the employer generally must establish a valid reason and follow required procedures. The facts and contract determine whether reinstatement or another remedy is available.

Does every employee qualify to seek reinstatement?

No. Job security rules generally cover employees with an indefinite-term contract, at least six months of service, and an employer with at least 30 employees. Certain employer representatives and other statutory exceptions may fall outside those rules.

How soon must I act after receiving a dismissal notice?

For a reinstatement claim, the worker generally must apply for mandatory mediation within one month after receiving the termination notice. If no settlement is reached, the lawsuit generally must be filed within two weeks after the mediator issues the final record. Other claims can have different limitation periods, so obtain advice without delay.

Is mediation required before going to court?

Yes, mediation is generally a required first step for reinstatement and employment-related payment claims. If the parties do not settle, the mediator records the outcome and the claim can proceed to court within the applicable deadline.

Which court handles a dismissal dispute involving a Mardin workplace?

Employment disputes are heard by the competent labour court, or the court exercising that role where there is no separate labour court. Venue is generally tied to the defendant’s domicile or the place where the work was performed, so the relevant Mardin district and employer address matter.

Can I claim severance pay or notice pay instead of reinstatement?

Possibly, but eligibility depends on the reason for dismissal, length of service, contract, and whether notice was given or paid. Severance pay generally requires at least one year of service and a qualifying reason for termination. A lawyer can assess whether these payments can be claimed alongside other remedies.

What if I was dismissed for discrimination or union activity?

Discrimination and union-related dismissals may give rise to distinct compensation claims, and the applicable rules differ. Preserve messages, witness details, and records that may show the reason for the decision. A lawyer can identify the proper claim and its deadline.

What evidence should I keep?

Keep your employment contract, dismissal notice, payslips, bank records, work schedules, and correspondence with the employer. Social Security service records and witness information may also help establish your employment and the circumstances of dismissal.

How much does a lawyer cost in Mardin?

Fees depend on the work required and the agreement with the lawyer, subject to the applicable minimum attorney-fee tariff. Court expenses and other case costs may be separate. Ask for a written explanation of fees, expenses, and what services are included before hiring.

How long does the process take?

The mediator generally has three weeks to complete the process and may extend it by up to one week. If the dispute continues to court, the time required varies with the claim, evidence, and court schedule; no fixed completion date can be guaranteed.

What happens if the court orders reinstatement?

The worker generally must apply to the employer for reinstatement within 10 working days after the decision becomes final. The employer then has one month to reinstate the worker. If the employer does not do so, statutory compensation and pay for the period of non-employment may be available.

Official resources in Mardin

  • Mardin Bar Association: Provides information about the local legal profession and may explain how to apply for legal aid, subject to eligibility and its procedures.
  • Mardin Provincial Directorate of the Turkish Employment Agency (İŞKUR): Handles employment services and can direct workers to relevant official employment support channels.
  • Ministry of Labour and Social Security: Provides information on labour rules and employee services through its official channels, including the ALO 170 Labour and Social Security Communication Centre.

Steps to find and hire a lawyer

  1. Secure your documents now. Save the dismissal notice, contract, payroll records, messages, and Social Security service history within the next few days.
  2. Write a short timeline. Record your start date, job duties, dismissal date, stated reason, and any discussions with the employer before your first consultation.
  3. Check the deadline immediately. If you may seek reinstatement, confirm the one-month mediation deadline from receipt of the notice; do not wait for a full document review before asking about it.
  4. Contact several employment lawyers serving Mardin. Ask about their experience with Turkish employment disputes, mandatory mediation, and the relevant court venue for your workplace.
  5. Compare advice and costs. Ask each lawyer to explain possible claims, risks, likely stages, fees, expenses, and the scope of the proposed engagement in writing.
  6. Confirm representation and preserve evidence. Review and sign a written fee agreement and power of attorney as required, then follow the lawyer’s instructions for mediation and any court filing.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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