In principle, the employer is not obliged to obtain the authorisation of a third party or to inform a third party before the effective termination of the employment relationship. However, as explained in question 4, if the employer terminates a large number of employment contracts constituting collective redundancies, he must inform the local labour authorities. Bener Law Office is a full-service Turkish law firm with an international focus. Bener opened an office in Amsterdam in 2018. This established presence in multiple jurisdictions gives us an advantage over local Turkish law firms and, with their membership in prestigious global networks of independent law firms, allows us to successfully compete with local international law firms in Turkey. Bener Law Office is an exclusive member of several specialized global networks, including Interlex, Globalaw and Ius Laboris, the leading global employment alliance with 2,500 lawyers specializing in all areas of human resources law. We have a permanent partner in our Amsterdam office. Our main goal is to support Turkish customers in the different phases of internationalization and to expand their international activities in the Netherlands. “Batuhan Şahmay is a leading expert in labour law. His advice is comprehensive and clearly communicated. If the employer terminates the employment contract for a valid reason for the reasons specified in Article 25/II of the Labour Code (immoral acts and acts against goodwill) or if the employee terminates the employment contract without a valid reason, the employer is not obliged to pay severance pay.
However, in the event that the employee terminates his employment contract for cause, a severance pay must be paid. In the event of retirement for military service and retirement as well as dismissal of employees within one year of marriage, severance pay must be paid. If the employee dies, the severance pay is paid to the employee`s heir. A collective agreement may contain provisions limiting the employer`s right to dismiss workers, extending notice periods and granting employees additional termination rights. However, an employer cannot terminate an employment contract solely because an employee is a member of a trade union. Otherwise, the employer is required to pay fines. Termination of contracts must be based on cause (e.g. , economic, technological, structural or similar requirements of the establishment, workplace or enterprise). In addition, the redundancy process includes additional procedures.
The employer considering a collective redundancy must notify (i) the trade union representatives, (ii) the competent regional directorate of the Ministry of Labour and (iii) the Turkish Labour Organization (=İşkur) at least 30 days before the dismissal. Such notification shall include (i) the reasons for the collective redundancies, (ii) the number of workers made redundant and their categories and (iii) the period during which the collective redundancies will take place. Dismissed workers must also be informed. After the expiry of the aforementioned 30-day period, the employer may terminate the employment contract with immediate notice or prefer that employees work for the duration of their notice period. “They are very punctual and have tight schedules. The firm has experienced teams in a variety of fields. His expertise also includes the latest technological trends in the legal market. “They are always developing effective solutions to legal problems. They know very well the possible reactions of all parties. During the period of employment, the employee is required to act in accordance with the principles of loyalty and care set forth in Article 396 of the Turkish Code of Obligations. It is also possible to prevent an employee from working for competitors after the end of the employment relationship. The non-competition clause is governed by Articles 444 to 447 of the Turkish Code of Obligations.
If the employer wishes the non-compete obligation to continue after the end of the employment relationship, he must either include a condition in the employment contract or enter into a separate non-compete obligation. The scope of the non-compete obligation is explained in Article 444 of the Turkish Code of Obligations. It is only valid if the use of information on the customer network, production secrets or the work of the employer causes significant harm to the employer. However, in accordance with Article 445 of the Turkish Code of Obligations, the validity and scope of the non-compete obligation must be interpreted in favour of the employee. The non-compete obligation must not contain restrictions that have a negative impact on the economic future of the worker. In addition, the duration of the non-compete obligation shall not exceed two years, except in special circumstances and conditions. If the non-compete obligation is excessive, the judge may limit its scope or duration, or even completely abolish the non-competition obligation. According to Article 446 of the Turkish Code of Obligations, the employee who violates the non-compete obligation is liable for all damages suffered by the employer. The weakening economy has prevented many companies from repaying their debts, which has led to an increase in litigation and arbitration for the Turkish legal market. In addition, restructuring and insolvencies are another area of growth. The FinTech sector also continues to grow, creating jobs in the corporate and intellectual property sectors. Fintech has been a major innovator in payment systems and money collection and transfer.
An example of its growing importance was the $165 million acquisition of Turkish digital payments company Iyzico by Dutch company Pay U. “PAE excels at what it does – its response times are excellent and it clearly has significant legal expertise as well as extensive business experience in the Turkish legal sector. They always deliver and always provide excellent service. In cooperation with CMS, YBK Law Firm advises on employment contracts, termination agreements, collective redundancies, labour disputes and restructuring. Döne Yalçın, who has extensive experience in collective redundancy procedures and internal investigations, runs the firm together with Alican Babalıoğlu. Depending on the details of the case, the termination of the employment contract may be considered null and void; or termination may be considered illegal. Both options would have negative monetary consequences for the employer, as the employee can claim severance and termination benefits, as well as other employment claims. If the employee files an action for reinstatement and the court accepts the employee`s claims, the employer would be required to either reinstate the employee in his or her previous position or pay him or her between 8 and 12 months` salary. The law firm Pelister Atayilmaz Enkür (PAE) was founded in 2010 and the founding partners are all former Dentons.
Since its inception, the firm has been heavily involved in cross-border transactions, international projects and foreign investments. Key areas of law in which the firm has expertise include: banking and finance, corporate and mergers and acquisitions, real estate, energy and infrastructure, employment, insurance and TMT, as well as dispute resolution and hospitality. As a next-generation law firm, PAE takes a hands-on approach to doing business with clients. The ratio of lawyers to partners is significantly low compared to Turkish law firms. The company takes a business-oriented approach and provides practical solutions to its clients, which consist of foreign and local companies and investors. If the dismissal is based on an important reason, such as the immoral acts of the employee and the acts against goodwill referred to in article 25 of the Labour Code, the dismissal must be made in writing. However, a written defence by the employee is not required if the employment contract is to be terminated by the employer for cause. “We are impressed with the commercial awareness of the employment team and the ability of the employment team to produce alternative solutions to complex employment law issues.” MANDAN: Ferro Turkey FIRM/FIRM: Guner Law Office TESTIMONIAL: Ferro Turkey has been represented by Guner Hukuk for several years in various areas, such as: M&A, cooperation issues and various legal matters. We were very pleased with their cooperation; Quick but also detailed answers, friendly and professional attitude, great knowledge of various topics. Special thanks to Burcak Kurt Bicer, who leads all operations for Ferro Turkey, as well as Berrak Sipahioglu, who covers most of the topics for us.
We are certainly considering continuing our cooperation with the company. Garden holidays are not a term recognized by Turkish law. As a result, an employer can leave an employee while paying wages if that employee agrees to be taken on leave.