Labor Law

What is Labor and Social Security Law?

Labor and Social Security Law is the area of law that regulates the rights and obligations established depending on the contractual relationship between the employer and the employee. It is examined under 3 main headings as individual, collective and social security law. The purpose of the Labor and Social Security Law is to protect the rights of workers and employers and to provide social security.

What is the Purpose of Labor and Social Security Law?

The Labor Law No. 4857 ensures the protection and regulation of the employment relationship between the employee and the employer and aims to ensure the continuity of this relationship. Business law; It covers two parts as individual labor law and collective labor law.

• Individual Labor Law: Individual labor law deals with small businesses, its subject is the employment contract concluded between the employee and the employer. In this context, the basic concepts of labor law are working conditions, premiums, bonuses, social rights, types of employment contracts, rights and obligations arising from the employment contract, termination of the employment contract, compensations arising from the termination of the employment contract, occupational health and safety issues.
• Collective Bargaining Law: Collective bargaining law deals with large enterprises, its subject is legal relations with trade unions or confederations, which are the professional organizations of at least one of the workers and employers. This includes the establishment and termination of trade unions, the preparation and conclusion of a collective labor agreement, the resolution of disputes arising from a collective labor law agreement, and strikes and lockouts.

Who Covers Labor and Social Security Law?

Employees, that is, those who produce, are divided into dependent workers and independent workers. Dependent workers are civil servants and workers. Independent workers are self-employed, tradesmen and artisans.

• Dependent Employees are those who are under the authority, orders and instructions of another person. There is a continuous employment contract between the dependent employees and the employer, which includes civil servants and workers. Civil servants are subject to administrative law and work with the appointment procedure, and the provisions of the Civil Servants Law are applicable. Workers, on the other hand, are subject to the law of obligations according to labor law, and where labor law cannot be applied, they work due to employment contracts and the provisions of the Labor Law and other legislation are applied in case of disputes.
• Self-employed are tradesmen and artisans working on their own behalf and account.

Shortly, the persons under the title of dependent workers are in the status of worker in the presence of a labor contract. The rights and obligations of the person in question remain within the scope of labor law and in case of conflicts in this regard, the application of the provisions of the law pertaining to labor law will be included.

Some Services We Provide in the Field of Labor and Social Security Law

OKKE&Partners represents the clients in the resolution of all disputes arising from the labor law of individual and corporate clients in accordance with the relevant legislation. In this framework, originating from the employee-employer service relationship;

– Preparation of employment contract within the scope of employer-employee relationship,

– Labor claims, penal clause, rescission agreement,

– Resolution of disputes arising from contractual and legal obligations between employer and employee,

– Opening and follow-up of the reemployment lawsuit in the wrongful termination of the employment contract,

– Follow-up of notice pay, severance pay, overtime pay, annual paid leave and general holiday compensations due to unfair dismissal,

– Litigation and follow-up of service determination lawsuits, occupational disease and death and injury work accident compensation lawsuits,

– Making all kinds of objections against the fines imposed against the employer,

– Follow-up negotiations on behalf of the employee or employer in processes such as strikes and lockouts,

– Follow-up of the damage resulting from the accidents occurring in the workplace within the scope of occupational health and safety,

– Consultancy and litigation services are provided to clients in the resolution of disputes arising within the scope of all kinds of audits.

As OKKE&Partners, we provide legal services in our work in the field of Labor Law, taking into account the current opinions and judicial decisions in the field of labor law, as well as legal changes and developments.