Labour law concerns only human relations arising from an employment contract and involving a subordinate obligation to perform work. It examines, within a systematic framework, the legal rules established to regulate the relations between the employer, the employee, and their relations with the state arising from this obligation.
Arel Law Firm, with its expert Labour Law team, provides both employer consultancy and individual legal consultancy services for employees. As Arel Law Firm, our primary goal is to ensure that the necessary preventive measures are taken before any dispute arises; if a dispute does arise, we aim to resolve it in the best possible way by ensuring the effective use of legal remedies.
Due to the principle of protecting the employee and interpreting provisions in the employee’s favor, companies are obliged to closely follow labour law legislation and judicial decisions and to act accordingly. In this context, a significant part of the legal consultancy services we provide in labour law focuses on preventing or minimizing disputes that may arise between employers and employees. Where a dispute is unavoidable, our clients are represented before the courts to resolve the matter through litigation.
The scope of our legal consultancy also includes practices and legal actions related to the implementation of non-compete and non-solicitation clauses, which are now frequently included in employment contracts due to issues commonly encountered in today’s business life—such as the shortage of qualified employees and challenges in ensuring employee loyalty and commitment.
The services we provide to employers in this field are as follows:
• Reviewing and amending company workplace regulations/policies
• Reviewing and amending contracts
• Providing consultancy on collective bargaining agreement negotiations and relations with trade unions
• Immigration law (residence and work permits, special visas)
• Mutual termination (release) agreements and risk assessments regarding termination of employment contracts
The services we provide to employees in this field are as follows:
1- Resolving disputes concerning employees’ receivables and reinstatement lawsuits
2- Providing services to ensure the implementation of required measures and controls within the framework of occupational safety
3- متابعة القضايا القانونية والجنائية المتعلقة بحوادث العمل
4- Lawsuits for pecuniary and non-pecuniary damages arising from workplace accidents and occupational diseases
EYT and Service Determination Lawsuits
When the relevant legislation is considered, the types of cases handled by an employment law attorney—an area of expertise involving significant technical details—include:
Reinstatement Lawsuit
Severance Pay (Senioritiy Compensation) Claim Lawsuit
Notice Pay (Compensation in Lieu of Notice) Claim Lawsuit
Overtime Pay Claim Lawsuit
Service Determination Lawsuit
Workplace Accidents (Occupational Accidents)
Bad Faith Compensation Lawsuit
Employee–Employer Disputes
Collective Bargaining Agreements (Collective Labor Agreements)
A Service Determination Lawsuit is a type of legal action that an employee may file against an employer when the employee’s periods of service have been underreported to the Social Security Institution (SGK), when the employee is repeatedly shown as hired and dismissed despite continuous work, when SGK registration is made late, or when the employee is employed without insurance.
Service determination lawsuits have gained particular importance in relation to the EYT (Retirement for those affected by the age requirement) process. Following recent EYT announcements, many eligible individuals have either pursued creditable service through service debt payments or have chosen to file a service determination lawsuit.
For EYT, the most critical condition is that the start date of insurance must be before 8 September 1999. Anyone whose first insured date is before 9 September 1999—including those covered under SSK, Bağ-Kur, and the Pension Fund (Emekli Sandığı)—may benefit from the regulation and retire.
For employees insured under SSK, women must complete 20 years of insurance (service years) and 5,000 premium days, while men must complete 25 years of insurance and 5,000 premium days.
For those insured under Bağ-Kur, women may benefit from the EYT regulation upon completing 7,200 premium days, and men upon completing 9,000 premium days.
For civil servants affiliated with the Pension Fund (Emekli Sandığı) who were insured before 9 September 1999, women may benefit upon completing 7,200 premium days, and men upon completing 9,000 premium days.
Those whose first insured date is before 9 September 1999 may retire without being subject to an age requirement, provided that they meet the premium-day and service-year conditions. For example, a female employee whose first insured date was August 1999 and who became insured at the age of 18 may retire at the age of 38 if she has completed 5,000 premium days.
Those who have missing premium days may increase their total premium days in the social security system by making service debt payments (borçlanma) under certain conditions, such as childbirth, military service, internship, or periods of work abroad. If this is sufficient, they may benefit from the EYT regulation and retire.
Female employees with missing premium days may complete their deficient days and become eligible for retirement by making maternity service debt payments (childbirth credit).
Istanbul Compensation Lawsuit Attorney (or Compensation Lawyer in Istanbul)
- Pecuniary (Material) Compensation Lawsuits:
Compensation lawsuits arising from traffic accidents involving injury or death; compensation claims based on medical malpractice; vehicle loss-of-value claims; compensation lawsuits filed for loss of earning capacity; and compensation lawsuits filed due to the depreciation (loss of value) of money. - Workplace Accident and Employment Law–Related Claims and Compensation Lawsuits:
Lawsuits filed due to occupational accidents occurring in the workplace or due to unlawful practices by the employer against the employee, including claims for severance pay, notice pay, overtime wages, and annual leave pay. - Contractual Compensation Lawsuits:
These lawsuits are filed to recover damages arising from the breach of agreements concluded between the parties.
Istanbul Employment Law Attorney (or Employment Lawyer in Istanbul)
It is well known that employee–employer disputes are frequently encountered in major cities such as Istanbul. For this reason, individuals often seek the support of an employment law attorney in Istanbul to resolve issues related to termination of employment contracts, overtime claims, annual leave entitlements, and mobbing (workplace harassment). In processes carried out without professional legal assistance, employees may suffer loss of rights, proceedings may take longer, and evidence may not be submitted in accordance with procedural requirements.
When employers fail to fulfill their obligations, legal proceedings are initiated so that employees can obtain their statutory rights. In this process, an employment law attorney in Istanbul carefully manages all stages; prepares the petitions, conducts the mandatory mediation procedures, and gathers the evidence to be submitted to the court. In this way, the client’s legal rights are protected and potential grievances are prevented.
Employment Law Attorney Istanbul (alternatively: Employment Lawyer in Istanbul)
To resolve disputes arising from employment relationships, it is essential to have full command of the applicable legislation. For this reason, it has become increasingly common for both employees and employers to seek legal advice from specialists providing services as an employment law attorney in Istanbul. With this support, it becomes possible to manage all processes within the legal framework—from drafting employment contracts to terminations.
In addition, matters such as collective bargaining agreements, trade union rights, occupational accidents, and reinstatement lawsuits are also handled with the support of specialists within the scope of an employment law attorney in Istanbul. In this way, potential criminal liabilities that the employer may face in the future can be prevented, while the employee’s job security is strengthened. Considering Istanbul’s highly intensive business environment, such professional legal support has become indispensable.
Labor Court Attorney in Istanbul
The judicial authorities generally applied to for the collection of employee receivables and in cases of unfair dismissal are the Labor Courts. In order to conduct lawsuits filed before these courts effectively, it is recommended that the process be followed by a labor court attorney in Istanbul. Otherwise, due to procedural errors, the case may be dismissed or prolonged.
In particular, the processes of submitting witness statements, SGK (Social Security Institution) records, payrolls, and written evidence to the court are of great importance. Therefore, when case management is carried out by a labor court attorney in Istanbul, the case file is prepared in a complete manner and the documents submitted to the court are reviewed and presented professionally. As a result, employees’ material and moral rights can be defended on a stronger legal basis.
Employee Compensation Lawsuit Attorney
One of the most fundamental rights of employees who are unfairly dismissed is severance pay and notice pay. However, when it becomes necessary to file a lawsuit to collect these receivables, it is vital to conduct the process with the support of a specialized attorney for employee compensation claims. This is because compensation claims involve many critical factors that require close attention, such as statutory limitation periods, evidence collection, and the mandatory mediation stage.
Before initiating a lawsuit, mediation meetings are conducted; if no settlement is reached, the case is then filed. Throughout this process, all applications and procedural steps are handled by professionals specialized in employee compensation claims, with the aim of ensuring that the employee receives the full amount of compensation to which they are entitled. With proper legal representation, the employee’s hardship is reduced and the legal process can be concluded in a shorter time.