Labor Law, Social Security Law and Trade Union Law

Labor Law, Social Security Law and Trade Union Law

Labor Law is a branch of law that regulates the employment relationship between the employee and the employer. In order for a business relationship to be within the scope of Labor Law, the employee must be employed by someone else in return for a wage. We can define Labor Law as the branch of law that regulates the labor relations between the employer and the employee working in return for wages based on the employment contract. Every legal relationship to be experienced between the parties, from the moment of the contract to the termination of the contract after the establishment of the employment contract between the employee and the employer, who is numerically a single person, constitutes the subject of Individual Labor Law. The establishment of the employment contract, the determination and fulfillment of the rights and obligations arising from this contract, the regulation of the working conditions during the continuation of the employment contract, the working and rest periods, the worker’s health and safety, the employment of the worker, the termination of the employment contract and its consequences are subjects of the Individual Labor Law.

Collective labor law, which is a branch of Labor Law, is a branch of law that is included in our legislation as a requirement of the social state understanding and allows the parties of business relations to act collectively, and its subject is collective bargaining agreements with the same employer at the collective level of more than one worker. Labor relations, in which at least one of the parties is a trade union, constitutes the subject of Collective Labor Law. The relationship between the union and its members is also within the scope of Collective Labor Law. Issues such as the establishment, organs and activities of workers’ and employers’ unions, membership in unions, the creation of a collective bargaining agreement, the peaceful resolution of collective labor disputes, the relations between the union and its members, the use of strikes and lockouts are among the subjects of Collective Labor Law. In collective labor law, unlike the individual labor law, In the contract with the employer is the employee not alone, but the union negotiations are done on behalf of the employee in collective bargaining agreements and negotiations. Here, Trade Union Law is the branch of law that regulates the organizational structure and establishment, membership of the unions, which are the structure formed by the organization of the workers or employers, and the legal relations that determine the rights and obligations of both parties, especially the collective labor agreements and collective bargaining agreements to which the unions are a party.

Social Security Law, on the other hand, is the private law that regulates the rights that people have throughout their entire life and even after their death, and how and these rights are acquired, ensures the social welfare of the individuals in the society, aims to prevent the risks that may arise in terms of individuals. It a law to prevent the decrease in the income of the society and the increase in its expenses. It is a branch of law that consists of rules that go beyond the rules.

It is the employment contract signed by the parties that determines the basic relationship between the employee and the employer. While employment contracts play an important role in determining the subjective rights of both parties before the judiciary when a dispute arises, they also provide assurance for both parties. Therefore, the employment contract is very important for both the employer and the employee. On the other hand, while constantly renewed labor and social security legislation imposes significant obligations and burdens on employers and workers, it is also a matter of expertise to constantly monitor the changing and developing legislation and to control the compliance of internal regulations with the business environment and relationship. For this reason, the parties of labor law, consisting of workers and employers, need expert and experienced labor law lawyers.

Güneş & Güneş Law Firm, which has specialized in employment law disputes for 25 years has the necessary experience in labor law, as a law firm that closely follows all developments regarding changing legislation, developing technology, emerging new sectors and practice, preparing employment contracts, Transactions regarding issues such as renewing existing contracts, establishing a human resources protocol in accordance with the legislation, being present in audits related to occupational safety, and making termination and exit notifications are carefully prepared and followed by us. Güneş & Güneş Law Firm, which is one of the best law firms in Antalya and Turkey, provides the best legal services in the field of labor law, as in other fields of law, from the beginning of the employment contract to the termination of the employment contract.

The Main Legal Services Provided by Our Attorney and Law Firm to Domestic and Foreign Clients in Antalya and Turkey in the Field of Labor Law are as follows:

• Preparation and updating of all kinds of work, service and collective labor agreements in the light of Supreme Court decisions, interpretation, amendment and renewal of existing business, service and collective bargaining agreements, Labor law advocacy service for the regulation of workplace internal regulations, workplace discipline regulations, confidentiality and non-compete agreements.
• Workplace notification, supervision of the compliance of the insured employment and exit procedures with the legislation, legal analysis and interpretation of the application of the labor law, examination of personnel files, determination and reporting of deficiencies, making written notifications regarding working conditions and job changes, issuing and monitoring necessary warnings. Advocacy services in labor law transactions and processes, such as necessary ways, matters that must be applied to administrative authorities, and follow-up of procedures,
• Representation in pre-litigation mediation meetings in all cases originating from Labor Law and process management in the process of termination of employment contracts, within the scope of legal consultancy on the Termination of Employment Contract Process, preparation of necessary warning, defense and termination notification texts in the process leading to termination of employment / service contracts or evaluation of documents prepared by the human resources departments , providing legal consultancy services on the execution of the termination procedure, making risk assessments and preparation of mutual rescission agreements, employment law consultancy service regarding termination of employment contracts and resolution of dismissal issues through amicable or litigation,
• Legal consultancy and legal support services on legal issues such as legal consultancy to workers and employers, preparation and sending of warnings regarding employee personal claims and disputes in labor law, preparation of minutes, notifications, defenses,
• Labor law consultancy services regarding the consultancy and training services provided in order to keep the personal files of the workers and all employees, to keep the records of the employers in accordance with the legislation,
• In the field of labor law, severance pay lawsuit, notice indemnity lawsuit, lawsuits regarding annual leave receivables, Lawsuits related to overtime, lawsuits regarding national and general holiday wages, reemployment lawsuits, Collective labor lawsuit, Service determination and salary determination lawsuits, Occupational health Lawsuits arising from the law and safety legislation, Lawsuits arising from work accidents, Lawsuits arising from occupational diseases and lawsuits related to the determination and registration of insurance, filing these lawsuits and labor law litigation advocacy service throughout the entire process of the business case,
• Providing legal support in restructuring and human resources planning processes and collective dismissal practices within the company, Supervision of the compliance of the works and transactions of the subcontractors with the legislation and reporting the risks,
• Providing consultancy and training services on ethical and compliance issues, in order to bring benefits and compensations to employees, to prevent discrimination, to reveal situations such as mobbing and harassment before the court, to sue for legal sanctions such as compensation for any behavior contrary to the employment contract and labor law legislation,
• Consultancy and process follow-up services regarding the application for work and residence permits of foreign employees assigned to local companies and obtaining these permits,
• Providing legal support in all kinds of examinations carried out by official institutions in the field of labor law at the workplace or on company documents, objecting to administrative fines imposed due to irregularities in employment practices and other violations of labor legislation as a result of inspections at the workplace, following up and concluding the objection process,
• Organizing educational seminars and awareness raising programs for company employees, human resources departments and managers in accordance with the legislation to which companies are subject, continuous information and consultancy services on legal legislation and administrative practices,
• Providing legal consultancy services on the effects of mergers and acquisitions, restructurings and privatizations on labor law and employment contracts; Process management in cases and disputes arising from employer changes and employee personal rights,

The Main Legal Services Provided by Our Law Firm to Domestic and Foreign Clients in Antalya and Turkey in the Field of Social Security Law are as follows:

• Management of occupational disease processes, determination of defect rates, legal responsibilities of employers arising from work accidents, Occupational health and safety, discrimination and harassment, support in disciplinary matters and labor law litigation advocacy service,
• Guidance of the worker/employer in occupational accidents, consultancy on criminal and legal responsibilities related to occupational accidents and diseases and fulfillment of obligations, technical support in judicial and law enforcement investigations and technical and legal examination of prepared expert reports, necessary objections to defect reports Attorneyship and consultancy services in the process of making the works, keeping a report on work accidents, fulfilling the obligation to notify SSI and process management,
• Opening cases for work accident and occupational disease, pecuniary and non-pecuniary damages, advocacy services for labor law cases regarding litigation process follow-up,
• Regarding the determination of service, determination of earnings subject to premium, debt, pension and survivor’s pension, making applications and objections to the SGK institution, resolving the disputes between the clients and the Social Security Institution (SGK) both by administrative means and before the judicial authorities. attorney service,
• The rights and responsibilities of the worker employed on the basis of an employment contract with the employer, the working conditions and the working environment’s rights and responsibilities, and the compliance of the working environments with the legislation in force, especially in terms of health and work safety, social security law consultancy advocacy services for any legal disputes that may arise,
• Social security law advocacy services regarding the follow-up of the recourse compensation cases filed by the Social Security Institution, the filing of the cases for the Determination of Service and the Determination of the Beginning of the Insurance and the litigation process,
• Objecting to administrative fines imposed due to violations of labor and social security legislation, following up and concluding the objection process,
• Legislative support to clients from the audits of labor inspectors, Social Security Inspectors, Social Security inspectors, evaluation of the suggestions in the audit reports, determination of deficiencies in the form and procedure in the audit reports and making the necessary objections, in case of failure to obtain a result, in order to remedy the deficiencies in the form, procedure and basis seen in the audit reports. Labor law and social security law advocacy services for filing lawsuits and the management of all legal processes,
• Advocacy services regarding the filing of lawsuits regarding the cancellation of the payment order and the annulment of the foreclosure arising from the implementation of the Law No. 6183 on the Procedure for the Collection of Public Claims, and the follow-up of the litigation process,
• Cases related to disability-old-life-death insurance, Disability determination cases, Actions for the termination of pensions to parents, cancellation of pensions for the insured’s spouse and daughters, lawsuits arising from clearing-offset transactions, lawsuits arising from optional insurance transactions, Treatment expense receivables Lawsuits arising from medical practices and health insurance practices, lawsuits arising from the cancellation of Pharmacy-Optical-Hospital Contracts, Lawsuits arising from improper payment, lawsuits arising from social security support premium, maternity debt lawsuits, foreign borrowing lawsuits and lawsuits arising from workplace registration procedures and labor law and social security law advocacy services regarding the management of all legal processes,
• Labor and social security law advocacy in cases arising from all disputes arising from the problems of foreign nationals in Turkey or Turkish citizens abroad of countries with or without a Social Security Agreement with Turkey, and all disputes arising from the debting of the time spent as a housewife abroad (short-long term) service,

The Main Legal Services Provided by Our Attorney and Law Office to Domestic and Foreign Clients in Antalya and Turkey in the Field of Trade Union Law are as follows:

• Preparation of collective labor agreements, interpretation of existing collective bargaining agreements, amendment and renewal of existing collective bargaining agreements, mediation service in disputes arising from collective labor law, legal consultancy service to employers and workers,
• Consultancy service regarding strike and lockout processes, Implementation, postponement or termination of strike and lockout processes, Process follow-up before the Ministry, Process follow-up and consultancy services in mediator and arbitrator processes,
• Counseling services regarding compensation and receivable claims in contracts arising from Collective Labor Law and union law advocacy services in lawsuits,
• All kinds of work and services arising from the establishment of trade unions and Trade Union Law, Legal consultancy service at the stage of union organization, advocacy consultancy service regarding the follow-up of the union authorization objection process,
• Participating in collective bargaining negotiations and following up on the preparation of the collective bargaining agreement, Managing all aspects of the unionization process by providing consultancy services on relations with unions, All kinds of consultancy services on the establishment and operation of unions, preparation of minutes, operation of general assembly procedures, Legal entry into unions consultancy and advocacy services for relations,
• Labor law advocacy service regarding filing a lawsuit due to termination of employment contract due to union reasons and following and concluding the lawsuit process.
• Counseling and advocacy services regarding the rights of workers and employers during union organization and the resolution of disputes arising during the use of these rights,

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