labor contract – Muhasebe News

Do You Have Labor Contract?

MuhasebeNews — Tue, 06 Nov 2018 06:00:23 +0000

The labor contract between the employer and the employee should be done in written form.

According to the Article 8 entitled ‘’Definition and Form’’ of the Labor Law no. 4857; “Labor contract is an agreement between an employer and an employee about salary, benefits and working conditions. Labor contract is not subject to a special form unless otherwise indicated in law. The labor contracts whose durations are 1 year or more should be made in written form. These documents are exempt from stamp tax, other fees and duties.”

Despite of legal obligations, the labor contracts are not made in written form in Turkey. That situation results in forfeitures in case of a disagreement between the employer and the employee. As a result of that, it is essential to make a written agreement for the security of reciprocal rights and benefits and also it is a statutory obligation.

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

How Many Days Does a Redundant Employee Have in Order to Bring a Lawsuit According to Turkish Laws?

MuhasebeNews — Sat, 17 Mar 2018 08:00:26 +0000

An employee whose labor contract is terminated can bring a suit to the labor court within 1 month with effect from notification date of termination notice by claiming that there is no reason in termination notice or the reason stated in termination notice is not a valid reason.

Source: Labor Law

When Does an Employee Get a Rise in His/her Salary and what is the Salary Increase Rate in Turkey?

MuhasebeNews — Sat, 17 Mar 2018 07:00:33 +0000

HOW OFTEN DOES AN EMPLOYEE GET A RISE IN HIS/HER SALARY AND WHAT IS THE SALARY INCREASE RATE IN TURKEY?
Due course of law, connection between an employer and an employee is regulated by labor contracts. Labor agreements can be prepared freely by the parties providing that they are not contrary to law.

Legislative regulations related to wages are limited to minimum wage enforcement. A wage given to employees cannot be less than minimum wage being in force. Additionally, there is no certain legal framework for wage setting, time to rise the wage and wage increase rate. This issue should be enlightened with the provisions of labor agreement.

Source: Labor Law

How Many Days Does an Employer or an Employee Have in Order to Use his/her Right to Terminate Labor Contract?

MuhasebeNews — Thu, 25 May 2017 14:18:22 +0000

The right to terminate labor contract based on situations being unfit for morals and good will presented in article 24 and 25 of the Labor Law numbered 4857 and vested to employer cannot be used later than 6 working days after the employer learns that the employee acts against morals and good will. Also he/she cannot use this right 1 year later after the fact in any case.

However, if the employee derives pecuniary advantage, 1-year period will not be taken into consideration. Because of these situations; the right to indemnity of an employer or an employee, who terminates his/her labor contract within the period stated above, is reserved.

Source: Labor Law

Within How Many Days Should an Employee be Employed Again After the Court Decision for Reemployment?

MuhasebeNews — Thu, 25 May 2017 12:16:47 +0000

1- WHAT IS THE TERM OF LITIGATION FOR TERMINATION NOTICE?
An employee whose labor contract is terminated can bring a suit to the labor court within 1 month with effect from notification date of termination notice by claiming that there is no reason in termination notice or the reason stated in termination notice is not a valid reason.

2- WITHIN HOW MANY DAYS SHOULD THE COURT CONCLUDE REEMPLOYMENT LAWSUIT?
Reemployment lawsuits are concluded within 2 months according to accelerated procedure of trial. In the event of respondent of this decision, Supreme Court should conclude it within 1 month for certain.

3- IF EMPLOYER DOES NOT EMPLOY THE EMPLOYEE AGAIN, DESPITE OF THE COURT DECISION FOR REEMPLOYMENT, WHAT SHOULD BE DONE?
If employer does not employ the employee again within 1 month despite of the court decision for reemployment, he/she is supposed to pay compensation valuing at minimum 4-month salary and maximum 8-month salary. This aforesaid amount is the net salary; it should not be considered as vested salary. If the court concludes the invalidity of the termination, it will also determine the amount of compensation in the event of not employing the employee.

Source: Labor Law

Is It Possible to Terminate Labor Contract of An Employee Who Has A Long Term Medical Report?

MuhasebeNews — Tue, 16 May 2017 14:32:07 +0000

1- IS IT POSSIBLE TO TERMINATE LABOR CONTRACT OF AN EMPLOYEE WHO HAS A LONG TERM MEDICAL REPORT?
An employer may terminate an employee’s labor contract because of discontinuance related to health problems.

2- IF AN EMPLOYEE HAS A LONG TERM MEDICAL REPORT, IS IT POSSIBLE FOR HIM TO GET SENIORITY INDEMNITY?
In order to terminate labor contract because of long term medical report, that report period should exceed 6-week notification period which is determined due to working hours; and seniority indemnity should be paid as a result of termination of labor contract.

Source: SSI

What is Permanent Representative?

MuhasebeNews — Wed, 22 Mar 2017 12:40:53 +0000

1- HOW A WORK PLACE DETERMINED ACCORDING TO REVENUE LAW?
A work place is determined according to Tax Procedure Law.

2- WHAT IS PERMANENT REPRESENTATIVE?
Permanent representative, is authorized to fulfill a number of business transactions
2.1- by depending on represented,
2.2- On behalf of his/her name,
2.2.1- in a specific or undefined period of time with a labor contract or attorney agreement.

3- WHO ARE REGARDED AS PERMANENT REPRESENTATIVE OF A REPRESENTED?
People listed below are regarded as permanent representative of a represented without stipulating;
3.1- agencies (according to Turkish Code of Commerce),
3.1.1- Commercial representatives,
3.1.2- Merchants’ attorney,
3.1.3- Official merchants,

3.2- People whose expenses are paid fully or partially by the represented (excluding advertisement costs belonging to represented),
3.3- People who keep products in stores and warehouses on behalf of represented in order to sell them by means of consignation.

***Even if a person represents more than one person, he will still be regarded as permanent representative.

Source: Revenue Law