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Çelik Hukuk ve Avukatlık
Sanliurfa, Turkey

Founded in 2011
English
Çelik Hukuk ve Avukatlık is a law firm based in Şanlıurfa, Turkey, providing legal representation and advisory services to individuals and businesses. The firm handles matters in family law, criminal defense, enforcement and bankruptcy, consumer law, information technology law, employment law,...
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When an unfair dismissal claim may be available in Şanlıurfa

Employment termination disputes in Şanlıurfa are handled under Turkish labour law, not a separate provincial system. The key questions are whether the employment contract was terminated lawfully, whether the employer gave a valid reason, and whether the required procedure was followed.

These disputes commonly arise in Şanlıurfa's textile, food-processing, construction, agriculture, logistics, retail, and private healthcare sectors. Evidence may include the written termination notice, payroll records, SGK service records, workplace messages, shift schedules, disciplinary documents, and witness statements.

Employees covered by job-security provisions may seek reinstatement after an unjustified termination. Other employees may instead pursue unpaid wages, notice pay, severance pay, discrimination compensation, bad-faith compensation, or damages for other unlawful conduct.

Why you may need a lawyer

  • The employer gives no clear reason for dismissal. A lawyer can examine whether the termination notice satisfies the written-reason requirement and whether the stated reason is supported by workplace records.
  • You are dismissed after raising a workplace complaint. Complaints about unpaid wages, excessive working hours, occupational safety, SGK registration, or harassment may support an argument that the dismissal was retaliatory or in bad faith.
  • You work in a large Şanlıurfa workplace. If the employer has at least 30 employees and the other statutory conditions are met, job-security rules may provide a reinstatement remedy. A lawyer can assess the employer's headcount and corporate structure.
  • You are classified as a seasonal, temporary, or subcontracted worker. Agriculture, construction, logistics, and factory work can involve disputed contract classifications. The actual working relationship may matter more than the title used by the employer.
  • Your termination follows alleged misconduct or poor performance. A lawyer can check whether the employer investigated the allegation, allowed an appropriate response where required, applied consistent discipline, and relied on credible evidence.
  • You face a strict mediation deadline. For a reinstatement claim, missing the statutory time limit can prevent the claim from proceeding. A local lawyer can prepare the application to the compulsory mediation process and preserve related claims.

Local laws governing termination disputes

Labour Law No. 4857, effective from 10 June 2003, governs employment contracts, termination notices, job security, severance-related rules, working conditions, and many employee claims in Şanlıurfa. Articles 18 to 21 are particularly important for employees seeking protection against unjustified termination and possible reinstatement.

Under this law, job-security protection generally requires an indefinite-term contract, at least six months of service, and an employer with at least 30 employees. Certain senior employer representatives are excluded, and the precise facts of the workplace and contract must be checked.

Labour Courts Act No. 7036, effective on 25 October 2017, introduced compulsory mediation before most employment lawsuits. For a reinstatement dispute, the employee generally applies to the mediator within one month after receiving the termination notice, then has two weeks from the final mediation report to file suit if no settlement is reached.

Turkish Code of Obligations No. 6098, effective from 1 July 2012, also applies to employment relationships where Labour Law provisions do not resolve the issue. It can be relevant to service-contract rules, notice issues, compensation, and employment relationships outside the full scope of Labour Law No. 4857.

Frequently asked questions about unfair dismissal in Şanlıurfa

What is an unfair dismissal under Turkish law?

An unfair dismissal generally means termination without a legally acceptable reason or without compliance with mandatory termination procedures. Depending on eligibility, the employee may seek reinstatement or financial compensation and unpaid employment entitlements.

Do I have to use mediation before filing an employment lawsuit?

Yes, compulsory mediation generally applies before filing most employment lawsuits in Turkey, including reinstatement claims. The application is made through the competent mediation bureau, usually connected with the courthouse serving the relevant workplace or defendant.

How long do I have to challenge a dismissal?

A reinstatement applicant generally has one month from service of the termination notice to apply for mediation. If mediation fails, the lawsuit must generally be filed within two weeks after the final mediation report.

Can I claim reinstatement if my employer has fewer than 30 employees?

Ordinary job-security reinstatement protection generally requires an employer with at least 30 employees, along with other conditions. Even when reinstatement is unavailable, claims for notice pay, severance pay, unpaid wages, discrimination, or bad-faith termination may still be possible.

What if I worked for a subcontractor at a Şanlıurfa factory or construction site?

The employment relationship and the responsibilities of the main employer and subcontractor must be examined separately. A lawyer will usually review the subcontracting arrangement, SGK records, instructions received, payroll documents, and the actual day-to-day supervision.

Can an employer dismiss me for poor performance?

Poor performance may support termination if the employer can establish an objective and genuine performance problem. The employer may need to show reliable assessments, appropriate notice of the shortcomings, and a fair opportunity to improve, depending on the circumstances.

What compensation may be available after an unlawful termination?

Potential claims include severance pay, notice pay, unpaid salary, unused annual leave, overtime, and other employment benefits. A qualifying employee may also pursue reinstatement and statutory compensation connected with failure to re-employ after a reinstatement decision.

How much does an employment lawyer cost in Şanlıurfa?

Fees depend on the dispute, the number of claims, evidence, mediation work, and whether litigation or enforcement follows. The written fee agreement should explain the lawyer's fee, expenses, VAT where applicable, and any separate court, expert, notification, or enforcement costs.

Is compulsory mediation free for the employee?

Submitting the initial employment mediation application does not usually require the employee to pay a filing fee. Mediator fees and the treatment of costs depend on whether the parties settle and how long the mediation takes, so the applicable tariff and arrangement should be confirmed at the start.

Can I bring a claim if I resigned instead of being dismissed?

A resignation does not automatically create a dismissal claim. However, evidence that the resignation was forced, obtained through pressure, or followed serious employer breaches may support a different legal analysis, including claims for termination with just cause or unpaid entitlements.

What evidence should I preserve?

Keep the termination notice, employment contract, SGK records, payslips, bank transfers, attendance records, schedules, messages, emails, disciplinary correspondence, and names of witnesses. Do not alter or delete workplace records, and avoid disclosing confidential business information unnecessarily.

Can I settle the dispute during mediation?

Yes, the parties may agree on compensation, payment dates, reference wording, document delivery, or other lawful terms. A settlement should be recorded clearly because it may limit later court proceedings concerning the resolved claims.

Official resources in Şanlıurfa

  • Şanlıurfa Adliyesi and its Mediation Bureau: The courthouse system provides access to employment mediation procedures and the competent labour court process. The bureau can identify the assigned mediator after an application is submitted.
  • Şanlıurfa Provincial Directorate of İŞKUR: The Turkish Employment Agency provides employment-related guidance, records job-seeker and employer information, and administers labour-market services. It does not replace legal advice or decide a private compensation claim.
  • Şanlıurfa Provincial Directorate of the Social Security Institution, SGK: SGK handles social-security registration, insured-service records, workplace reporting, and related administrative matters. Its records can help verify employment periods, reported earnings, and whether work was registered correctly.

Steps to find and hire the right lawyer

  1. Record the termination date immediately. Save the notice and calculate the one-month mediation deadline for a possible reinstatement claim. Do this on the day of dismissal or within the next 24 hours.
  2. Collect the employment file. Gather the contract, SGK service statement, payroll records, bank payments, leave records, messages, disciplinary documents, and witness details within the first few days.
  3. Contact several Şanlıurfa labour-law lawyers or the Şanlıurfa Bar Association. Ask whether the lawyer regularly handles termination, mediation, reinstatement, wage, and SGK disputes. Initial consultations should focus on eligibility and deadlines.
  4. Check the lawyer's assessment of the remedy. Ask whether the facts support reinstatement, severance, notice pay, unpaid wages, discrimination compensation, bad-faith compensation, or another claim. The lawyer should distinguish strong claims from claims requiring additional evidence.
  5. Complete compulsory mediation before the deadline. Submit the application through the competent mediation bureau and attend promptly. Mediation commonly takes weeks, but the statutory deadlines should not be treated as flexible.
  6. Review the written fee agreement. Confirm the scope of work, mediation attendance, lawsuit representation, enforcement work, expenses, taxes, and what happens if the dispute settles early.
  7. Decide on litigation after the final mediation report. If there is no settlement, instruct the lawyer to file within the applicable two-week period for a reinstatement claim and to preserve any separate limitation periods for financial claims.

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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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