Labor Law, is a branch of law that regulates the relationships between employers and employees, defining the rights of employees and the obligations of employers. This field encompasses issues such as working conditions, job security, termination of employment contracts, employee claims, and reinstatement. Labor Law is shaped by various legal regulations, primarily the Labor Law No. 4857, and aims to establish a fair and balanced working relationship between the parties.
Key Areas of Labor Law
- Reinstatement Lawsuits:
Reinstatement lawsuits are filed to ensure that employees who have been unfairly or unjustly dismissed from their jobs can return to work. The ability to file a reinstatement lawsuit depends on conditions such as having at least 30 employees in the workplace and the employee having at least six months of tenure. The court may decide that the employee should be reinstated and order the employer to re-employ the worker within a specified period. If the employer does not comply with the court's decision, they are required to pay compensation to the employee.
- Employee Claims:
Employee claims include compensation and payments that employees are entitled to in cases of resignation or termination of the employment contract. These claims include severance pay, notice pay, overtime pay, annual leave pay, and weekend holiday pay. Employees can claim these entitlements after leaving the job, and legal action can be initiated if the employer fails to pay.
- Severance Pay: This is compensation that an employee is entitled to receive if they have worked for at least one year and are dismissed or leave the job for just cause.
- Notice Pay: This compensation is payable if either party fails to give notice within a specified period when terminating the employment contract.
- Overtime Pay: This is the pay that must be provided to employees for work performed beyond regular working hours.
- Protection of Wages and Other Rights:
Labor Law addresses the timely and full payment of wages, ensuring that wages are not reduced and social rights are protected. If wage claims are not paid, there are legal avenues available for employees to seek their rights.
Benefits of Labor Law Consultancy
- Unfair Dismissal and Reinstatement Processes: Helps employees who have been unfairly dismissed to file reinstatement lawsuits and reclaim their rights.
- Collection of Employee Claims: Ensures the legal collection of severance pay, notice pay, and other employee claims.
- Employment Contracts and Job Security: Provides support in drafting employment contracts that protect employee rights and ensuring the protection of employee rights in contract terminations.
Labor Law plays a crucial role in maintaining the balance between employees and employers and protecting the rights of both parties. Professional labor law consultancy enables employees to manage processes without losing their rights and helps employers fulfill their legal obligations.