Legal support in employee and employer relations, employment contracts and labor disputes.
Labor law regulates wages, working hours, leave, occupational health and safety, termination, and social security from the establishment to the termination of the employment relationship between the employee and the employer. For the correct resolution of disputes, not only the employment contract but also payroll, bank, timekeeping, correspondence, Social Security Institution (SGK), and workplace records should be reviewed together.
Attorney Ahmet Emre Çimen aligns claims and defenses with concrete records in labor law cases from the perspective of either the employee or the employer. Pre-termination consultancy, mandatory mediation, lawsuit, and enforcement stages are planned as a single process that complements each other.
Establishment of the Employment Contract and Working Conditions
Clearly defining the job description, salary, bonus, workplace, remote work, probation period, and fringe benefits reduces future disputes. The absence of a written contract does not always mean that an employment relationship does not exist; actual work can be documented with other records and witnesses.
Things to Check Before Termination
The reason for termination must be clear and concrete
Identifying situations where a defense must be obtained
Notice period or conditions for immediate termination with just cause
Accounts of unused leave, salary, and bonuses
Closing of assigned items, delivery, and access records
Monitoring mediation and lawsuit deadlines
From the employer's perspective, procedural deficiencies may make a valid reason debatable. From the employee's perspective, the content and the notification date of the termination notice determine the path for reinstatement and claim requests.
Seniority and Notice Compensation
In severance pay, the length of service, type of termination, last wage, and regular benefits are examined. Notice compensation, on the other hand, concerns whether the notification periods were followed. Not every resignation eliminates the right to severance, and not every employer termination automatically creates a compensation right.
Reinstatement Process
In a reinstatement request, conditions such as the number of employees in the workplace, seniority, type of contract, representation of the employer, and reason for termination are important. After the notification of termination, the periods for applying to a mediator and filing a lawsuit are short. Therefore, documents need to be examined without delay.
Overtime, Salary, and Annual Leave
RequestReviewed recordFrequent dispute
SalaryBank, payroll, contractDetermination of actual salary
OvertimeTimesheet, entry and exit, correspondenceCalculation of working hours
Annual leaveLeave form and recordsProof that leave was taken
BonusTarget and payment recordsWhether the right has accrued
Work Accident and Occupational Disease
In a work accident, health and law enforcement records, the scene of the incident, training documents, risk assessment, protective equipment, and witness statements are evaluated together. SGK notification, criminal investigation, material and moral compensation, and institution recourse processes may have different legal consequences.
SGK Service Determination
In determining work done without insurance or underreported work, workplace records, witnesses from neighboring workplaces, bank transactions, and official documents are important. Statutory limitation periods and institution records should be examined at the beginning of the file.
Mandatory Mediation
For many worker and employer claims and disputes regarding reinstatement, applying to mediation before filing a lawsuit is required. Attending the meeting not only with the total sum but also with itemized calculations and documents provides a healthier negotiation. The scope of the agreement document should be clearly written.
Frequently Asked Questions
Can a resigning worker receive severance pay?
It may be possible depending on the reason for termination and special circumstances in the law; whether the resignation letter reflects true intention is also examined.
How is overtime proven?
Workplace records, correspondence, entry and exit data, and witnesses can be evaluated together.
When does the period for reinstatement start?
The notification of termination is taken as the basis; since the period is short, a legal assessment should be made without delay.
Does signing the payroll eliminate all rights?
No. The content of the payroll, reservation notes, and payment records are examined together with the specific case.
Is reaching an agreement in mediation mandatory?
An application may be a prerequisite for a lawsuit; however, parties cannot be forced to reach an agreement.
In labor disputes, the organization of documents and time management directly affect the outcome. Attorney Ahmet Emre Çimen examines the records from the beginning of the employment relationship to after termination to provide an applicable legal roadmap.