
Labor Law and Social Security Law
Labor Law is the whole of the rules that regulate and examine the business relations between the worker, employer and the state in the society. The most important factor of the business relations regulated by the Labor Law; The employment relationship between the employee and the employer must be based on an employment contract (service contract). The parties to this employment contract are the employee and the employer.
Definition and Elements of the Employment Contract
According to the Labor Law, an employment contract is a contract in which one party (employee) undertakes to perform dependent work and the other party (employer) undertakes to pay wages. As can be understood from this definition, the employment contract has three elements:
- Work Element: In the Employment Contract, it is not important that the worker does the job mentally or physically. The job may or may not require professional experience.
- Wage Element: A wage is paid for the work done.
- Dependency Element: The worker must comply with the employer’s orders and instructions. The worker has to work with the tools and materials provided by the employer.
It is possible to divide labor law into two as individual and collective labor law. While individual labor law regulates the relations between workers and employers, collective labor law regulates the relations between workers or employers as a result of unions formed among themselves. In collective labor law, at least one of the parties must have established a union.
As national and international sources of business law; In our domestic law, the Labor Law No. 4857, Press Labor Law, Maritime Labor Law, Trade Unions and Collective Bargaining Agreement Law, Public Servants Unions and Collective Bargaining Agreement Law are among the main sources. In the formation of international resources, the International Labor Organization (ILO), the Council of Europe and the European Union have important contributions. In particular, international agreements created by the International Labor Organization (ILO) are among the important sources of labor law.
In our country, as of January 1, 2018, “mediation” has been included in the scope of litigation in all disputes in business life, including employee and employer receivables and reemployment requests. In other words, with the Labor Courts Law No. 7036, it is obligatory for the parties to apply to a mediator before going to court in some cases. If the dispute cannot be resolved through Mediation, the parties may go to court. In all disputes such as severance and notice pay, overtime, week vacation, annual leave, holiday pay, bad faith compensation, union compensation, reemployment lawsuits, it will no longer be possible to take action without resorting to mediation.
Services Provided in the Field of Labor Law
⦁ Litigation related to Severance and Notice Pay
⦁ Litigation proceedings regarding termination of employment contract
⦁ Follow-up of reemployment cases
⦁ Follow-up of claims litigation
Follow-up of work accidents and compensation cases arising from work accidents
Business Law Attorney
Employment law attorneys represent both employers and employees in disputes and negotiations. They always look to the possibility of negotiation and alternative dispute resolution methods to resolve issues as economically and efficiently as possible.
Employment law attorneys should regularly follow the developments in the field of labor law. On 1 January 2018, the institution of “Mediation as a condition of action” entered into force. The labor court lawyer should represent his client in the best way possible at the mediation meetings before the lawsuit. He must act in the best interests of his client and ensure that he receives what he deserves.
You can make all kinds of information and support requests regarding Labor Law via the form below, or you can contact us directly.