Labor Law Cases and Ensuring the Balance of Rights in Working Life
Severance and Notice Pay Rights within Labor Law Cases
The legal bond between an employee and an employer signifies not only an economic dependency but also a balance of rights and responsibilities subject to strict legal regulations. Disputes arising during the termination or continuation of the employment relationship result in serious financial and legal consequences for both parties. AV. Latif Cem Baran Law Consultancy offers professional guidance to parties, from the preparation of employment contracts to the conduct of litigation processes, with expertise available at https://www.latifcembaran.com/hizmetler/is-hukuku. As the statutes of limitations and procedural rules in labor law are extremely strict, the steps to be taken must be planned in a timely and factually justified manner.
Reinstatement and Compensation for Non-Reinstatement within Labor Law Cases
The most frequently encountered dispute during the termination of an employment contract concerns the calculation and payment of severance and notice pay. The right to severance pay arises if the employee has at least one year of service and the employment contract is terminated for reasons other than those legally specified as just or valid. In the calculation of severance pay, not only the base salary but also all continuous in-kind and cash benefits provided to the employee, such as travel, food, and bonuses, should be taken into account. For notice pay, it is imperative that the parties adhere to the statutory notice periods or pay the wage for this period in advance. In workplaces covered by job security provisions and employing at least 30 workers, employment contracts of employees with at least six months of service cannot be terminated without a valid reason. An employee who believes they have been dismissed for an invalid reason must resort to legal remedies within the statutory periods commencing from the notification of termination, requesting reinstatement. If the court orders reinstatement but the employer fails to re-employ the worker, compensation for non-reinstatement, amounting to at least four and at most eight months' wages, becomes applicable.
