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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

MANDATORY MEDIATION SYSTEM IN TURKISH EMPLOYMENT DISPUTES BETWEEN EMPLOYERS AND EMPLOYEES

October 2017 - Employment. Legal Developments by ADMD Law Office .

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Law No. 7036 Code of Labor Courts (‘Law’) published in the Official Gazette No. 30221 dated October 25, 2017; introduced fundamental changes in the settlement of labor disputes and abrogated the previous law on the subject Law No. 5521. The radical changes implemented with the Law No. 7036 are summarized below.

Rightful Termination of Employment Contracts by Employees in Turkish Labor Law

October 2017 - Employment. Legal Developments by ADMD Law Office .

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The employees are entitled to terminate their employment contracts, whether the contract is for a definite or indefinite period, before its expiry or without having to observe specified notice periods in case of serious and important reasons determined in the Article 24 of the Labor Law No. 4857 (the “Labor Law”).

Mandatory Mediation Under Turkish Labor Law

February 2017 - Employment. Legal Developments by ELIG, Attorneys-at-Law .

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I.        Introduction

An alternative dispute resolution method is expected to be introduced in Turkey shortly through the Draft Law on Labor Courts ("Draft Law"). The purpose of the Draft Law is to bring a functional and an effective judicial procedure for labor conflicts via mandatory mediation and to replace the current regulations.

MONITORING EMPLOYEES

November 2015 - Employment. Legal Developments by ELIG, Attorneys-at-Law .

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I.       Introduction

Employers are, within the scope of their managerial right, obliged to preserve the order in workplace and in consideration of that, employees are obliged to work diligently due to the duty of loyalty. In that respect, employers have the right to request from employees to abstain from spending non-work-related time in the workplace. Then again, employers' practices to that end cannot violate the right of privacy and freedom of communication. In order to avert such practices causing violations in that respect, certain stipulations are introduced, through the legislation and the precedents of Court of Appeals' to restrict employers' right to monitor employees. This article will examine such and its boundaries.

New Regime for Residence Permit Applications in Turkey

June 2015 - Employment. Legal Developments by ADMD Law Office .

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The entry of foreigners into Turkey, visa requirements, principles and procedures of the scope and application of international protection, regulations and novelties on establishment, duties and the mandate of General Directorate of Immigration Management (“General Directorate”) is regulated by the Law on Foreigners and International Protection No. 6458 that was published on April 11, 2013. The Law on Foreigners and International Protection No. 6458 (“the Law”) has entered into force on April 11, 2014 and has abrogated the formal Law on Residence and Travels of Foreigners in Turkey No. 5683 by entering into force.

How to Acquire Turkish Citizenship

The information provided in this article is intended to give a general overview on how to acquire Turkish citizenship. The principles and procedures relating to the acquisition and loss of Turkish citizenship are regulated under Law on Turkish Citizenship, numbered 5901.

How far can an employer go?: The Right to Monitor an Employee's Computer and Other Devices

October 2014 - Employment. Legal Developments by ELIG, Attorneys-at-Law .

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1. Introduction

 

Monitoring the employee's computer and other devices became a preventive measure for many employers in order to protect companies' interest, as a result of the increase in potential compliance issues in companies. Nevertheless, since such a monitoring right of the employers is not stipulated within the Turkish legislation, the subject is still controversial among doctrine and High Court of Appeals' precedents. Therefore this article aims to shed a light to the relevant subject by emphasizing (i) doctrine and High Court of Appeals' approach, (ii) the limits of the employer's such ability and (iii) the process to be followed on monitoring the employee's computer and other devices. 

Scope of Employers’ Freedom of Management and Essential Changes in Employment Agreements

October 2014 - Employment. Legal Developments by ELIG, Attorneys-at-Law .

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   Introduction

Due to the current conditions of the business world, employers often require to make certain modifications on their business structures which usually affect employment conditions of employees. Whilst employers are entitled to freely manage their businesses, Labor Law numbered 4857 (the "Labor Law") prohibits arbitrary changes in essential terms of employment agreements and regulates that essential changes in employment agreements are subject to employees' prior consents. Which changes would fall under the scope of employers' freedom of management and which changes would be subject to employees' prior consent are often misinterpreted.

This article discusses how far employers' freedom of management can extend in light of the precedents of High Court of Appeals. 

Re-employment Lawsuits

October 2014 - Employment. Legal Developments by Baspinar & Partners Law Firm.

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The Labor Law numbered 4857 regulates the relationship between the employee and the employer. In this article the re-employment lawsuits will be explained in the light of Turkish Law.

 

 

Employment Termination Based on Economic Reasons in Turkey

October 2013 - Employment. Legal Developments by ADMD Law Office .

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The Turkish Labor Law No. 4857 ('the Law') sets forth the procedures and the circumstances for termination of employment contracts of employees by employers. With the confines of the Law, two separate termination mechanisms, namely rightful (just) termination and termination based on justifiable cause are available.

 

According to the Law, the termination of the employment contract of an employee that is working with contract of undefined term for at least six (6) months at a workplace that employs more than thirty (30) employees, must be based on a justifiable cause.

 

In this context, pursuant to Article 18 subparagraph 1 of the Law, the employer has the right to terminate the employment contracts without a designated term based on the necessities of the business, work or the workplace.

 

Termination based on the necessities of the business, the work or the workplace is essentially the termination of employment contract that is not concerned with the employee as an individual, but rather the termination that is related to the excess work force arising from the job/work of a specific employee, employed in the relevant company, being abolished due to economic, competitiveness and efficiency needs of the employer and/or reasons based on technological advances.

 

It should be noted that, although Article 18 of the Law sets forth that an employment contract can be terminated based on the necessities of the business, the work or the workplace but it does not state which circumstances will constitute grounds for such justifiable termination. However, the justification of the Law adopted by the Parliament provides some non-exhaustive examples.

 

According to justification texts of the law, the necessities of the business, the work or the workplace can be grounded to two main categories: external causes and internal causes. Application of new methodologies and downsizing at the workplace, elimination  of departments and positions are stated as internal causes. External causes are listed as general decrease of sales opportunities, supply and demand, energy shortage, loss of foreign (external) markets, raw material shortage or general economic crises.

Polish and Turkish Legal Systems for Maternity Leave of Employees

August 2013 - Employment. Legal Developments by ADMD Law Office .

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Maternity leave (also referred as parental leave, paternity or adoption leave) is a form of an employee benefit that provides paid or unpaid time-off from work for the purposes childbirth or child welfare. Maternity leave is guaranteed mostly by the constitutions or by statutory regulations in all EU states including Poland, as well as in Turkey. This brief information note aims to summarize the systems in Turkey and in Poland.

LABOUR AND EMPLOYEE BENEFITS

January 2012 - Employment. Legal Developments by Dinova & Rusev.

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Bulgaria
Maria Karacholova and Vesela Kabatliyska
Dinova Rusev & Partners Law Office

SCOPE OF EMPLOYMENT REGULATION
1. Do the main laws that regulate the employment relationship
apply to:

  •  Foreign nationals working in your jurisdiction?
  •  Nationals of your jurisdiction working abroad?

LABOUR AND EMPLOYEE BENEFITS

October 2011 - Employment. Legal Developments by Paksoy.

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Scope of Employment Regulation

1. Do the main Laws that regulate the employment relationship apply to:

* Foreign Nationals working in your Jurisdiction?
* Nationals of your Jurisdiction working abroad?

Employment Contract Types & Terms and Conditions Permitted by Law

August 2011 - Employment. Legal Developments by ADMD Law Office .

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Employment Contract Types & Terms and Conditions Permitted by Law

By Lina Simonyte
ADMD Law Office, Istanbul TURKEY

TERMINATION OF AN EMPLOYMENT CONTRACTS AND EMPLOYEE REINSTATEMENT MECHANISM

September 2010 - Employment. Legal Developments by ADMD Law Office .

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Termination of employees, employee reinstatement claims and procedure under Turkish Labor Law will be summarized in this brief information note.

Overtime and Overtime Wage in Turkish Labor Code (TLC)

September 2008 - Employment. Legal Developments by ADMD Law Office .

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European Union Directive No.104 is accepted and enforced by European Union Council in 23.11.1993 furnished a flexibility to work hours and this flexibility is supported with the codes accordingly. Turkey which is in the process of entering to European Union has made some important changes and accommodated to innovations in Labor Law in order to adapt EU’s standards and updates. During Turkey’s adaptation process, overtime which is a fundamental part of Labor Law has also been subject to mentioned changes and innovations. The provisions regarding overtime and overtime wage of Turkish Labor Code No.4857 which is arranged in compliance with European Union Directive No.93/104, dated May 22, 2003, and published at the Official Gazette June 10, 2003 will be examined below

Executing & Terminating Employment Contracts in Turkey

September 2008 - Employment. Legal Developments by ADMD Law Office .

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As Turkey maintains economic stability and growth for almost five years, the confidence of the foreign investors raised and new direct investments are executed more often. In this context employee related issues are of consideration to foreign investors and significance of the Turkish Labor Code (‘TLC’) elevate accordingly. Therefore we would like to briefly inform foreign investors regarding the precautions that shall be thought over while hiring and firing employees in Turkey.

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