Business Litigation-Labor Law Attorney


In some cases, there may be disagreements or disagreements between the employer and the workers. The parties could not resolve the dispute between them, could not come to an agreement; at the same time, the worker has the right to file a lawsuit in the labor court in cases where the worker is not entitled to his/her rights or is exposed to ill-treatment. Such cases are considered as labor law cases and the worker; In order to be within the scope of occupational safety provisions, certain conditions must be met. At the same time, in order for a person to be considered a worker before the law, he must have an employment contract. According to this;


The workplace must employ 30 or more workers.

of the worker; must have worked at that workplace for at least 6 months.

In cases where these conditions occur, the worker; can file a reemployment lawsuit, and the lawsuit must be filed within 30 days, at the latest, of the filing of the lawsuit. In the case of business receivables; receivables such as severance and notice pay, work accident and occupational disease compensation, overtime pay, weekly holiday pay, national holiday and general holiday wages, annual leave wages, minimum living allowance, bad faith compensation.


What is Severance Pay Claim? How to Buy?

Severance pay; It is the legal right of the worker working in any workplace, in case of leaving the job, for the time he worked, in return for the effort he spent in the workplace. In addition to working for at least 1 year in that workplace, some conditions must also be established in order for the employee to receive severance pay. These conditions are;


Failure of the employer to act in good faith or morality

of the worker; acting contrary to health, intention or moral rules and stopping the work for these reasons

Employee's military service

If the working woman is married,

employee's death

Coming of retirement time

If the worker has worked for at least 1 year and at least one of these reasons is realized, he is entitled to receive severance pay. There is no severance pay in fixed-term employment contracts.


Labor Law Case; How Long Will the Severance Pay Case Be Completed?

The finalization of the severance pay lawsuit between the employee and the employer between the labor law lawsuit is targeted at an average of 540 days, ie 17 to 18 months. While labor cases in regional courthouses are concluded within 6 to 9 months, if the case reaches the Supreme Court, the case will be concluded within 12 to 18 months. In case of disputes and disagreements between the employee and the employer, it is important to contact the labor law lawyer who is an expert and experienced in labor law cases and to follow the process more healthily.


Labor Law Case; What is Notice Compensation?

Termination benefits; It is the legal right gained by the worker by dismissal of the worker according to the periods stipulated in the law, without prior notice and without waiting for the end of the notice period. If the worker leaves the job without notifying within the specified periods, he pays notice compensation to the employer. Actions to be taken from workers' severance pay are among labor law lawsuits. Calculation of severance pay and other transactions are carried out without any problems, by filing a lawsuit through the Trabzon worker's lawyer who has gained experience in this field and provides professional service.


Labor Law Case; How to File a Case for Reemployment?

reemployment lawsuit; In the event that the employment contract of the worker is terminated without any valid reason while working under job security, according to Article 20 of the Labor Law; In cases where the reason for termination is not shown or even if it is shown, it is not legally valid, a lawsuit is filed with the labor court within 1 month from the notification of termination notice. In the case of reemployment, which is frequently encountered among labor law cases; After the conclusion of the case, the employer is obliged to start the worker. If the worker does not return to work within this period, he must pay the compensation determined by the court.


How to Act Based on the Results of the Reemployment Case?

In reemployment cases, either the result of acceptance or the rejection of the case comes out. According to these decisions;


If the case is accepted; The worker starts his/her job within 1 month. If the employer does not take the worker again; In the period until the finalization of the decision, it is obliged to pay at least 4 months' wages, other rights and compensation. According to this situation, the employer has to cover all expenses between 4 months and 8 months.

If the case is rejected; The worker has to pay his own attorney's expenses and the attorney's fee of the other party.

Apart from this, separate lawsuits can be filed regarding the employee's severance pay, notice indemnity and other legal rights.

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