Labor and Employment Law
Anyone looking for an employment lawyer in Fethiye is usually facing one of a handful of recurring issues: an unfair dismissal, unpaid severance or notice pay, unpaid overtime, or a workplace dispute that needs to be resolved through mediation or before the labor court. At Aysel Atlı Law and Consultancy Office we advise both employees and employers on these matters, always within the framework of Turkish labor law.
- 01Initial Review
The employment relationship, contract terms and the dispute itself are reviewed.
- 02Rights Assessment
Entitlements to severance, notice pay, overtime or re-employment are identified.
- 03Mandatory Mediation
Where required by law, the mediation process is initiated before any court claim.
- 04Case Follow-Up
If mediation does not resolve the matter, the case is pursued before the labor court.
Services We Provide in This Area
- Severance and notice pay claims: Assessing entitlement and pursuing payment where an employer fails to pay.
- Unfair dismissal and re-employment (işe iade) claims: Advice on the conditions for and conduct of re-employment cases.
- Overtime pay claims: Calculating and pursuing unpaid overtime.
- Workplace mobbing (psychological harassment) claims: Advice on the legal remedies available to affected employees.
- Seasonal and tourism-sector employment: Advice tailored to Fethiye's large seasonal workforce, including end-of-season entitlements.
- Fixed-term and indefinite-term contract disputes: Clarifying which type of contract applies and what that means for termination.
- Workplace transfer and business transfer disputes: Advice on how a transfer of the business affects existing employees' rights.
Severance and Notice Pay
Employees who are dismissed without just cause, and who meet the length-of-service requirement, may be entitled to severance pay; where the employer fails to give the required notice period, notice pay may also be due. Both entitlements depend on how the employment relationship actually ended and on the employee's length of service.
Re-Employment (İşe İade) Claims
Employees who meet certain conditions — including a minimum headcount at the workplace and a minimum length of service — can challenge a dismissal made without valid cause through a re-employment claim. Before such a claim can be filed, the employee must first go through mandatory mediation; only if no agreement is reached can the matter proceed to the labor court.
Overtime and Unpaid Wage Claims
Turkish labor law sets clear rules on how overtime must be compensated. Where an employer does not pay for hours worked beyond the statutory limit, the employee can claim the unpaid amount, generally supported by work records, witness evidence or other documentation showing the hours actually worked.
Seasonal Employment in a Tourism Economy
Fethiye's economy relies heavily on seasonal tourism employment, and many workers are employed only for part of the year. Seasonal workers have the same core statutory rights as other employees, but some questions — such as end-of-season entitlements and whether repeated seasonal contracts amount to a continuous employment relationship — come up often in this region and are assessed on the specific facts.
Workplace Mobbing
Persistent, systematic psychologically hostile treatment at work ("mobbing") can give rise to compensation claims and, in serious cases, may support a resignation for just cause with severance pay. Documenting the conduct as it happens — emails, messages, witness accounts — is important for building a case.
Frequently Asked Questions
How is severance pay calculated?
Severance pay is generally calculated as 30 days' gross wage for each full year of service, subject to a statutory cap that is updated periodically. It also depends on the employee meeting the minimum length-of-service requirement and the employment ending in a way that qualifies for severance.
Is mediation compulsory before filing a labor case?
For re-employment claims and most other statutory employment claims, mediation is a mandatory first step before a lawsuit can be filed. If no agreement is reached in mediation, the mediator issues a report and the case can then proceed to court.
Can a seasonal worker claim severance pay?
Yes, provided the statutory conditions are met, including the required length of service and the way the employment ended; the seasonal nature of the work does not by itself remove this entitlement.
What happens if an employer refuses to reinstate an employee after a successful re-employment case?
If the employer does not reinstate the employee despite a final re-employment decision, the employer becomes liable to pay an additional statutory compensation on top of any other amounts owed.
How long do I have to bring an employment claim?
Time limits vary depending on the type of claim (for example, severance and notice pay claims are generally subject to a five-year limitation period, while re-employment claims must be filed within a much shorter period after dismissal). Please contact us to check the deadline that applies to your situation.
Do foreign employees in Turkey have the same labor rights as Turkish nationals?
In general, the core protections of Turkish labor law apply regardless of nationality, though work-permit status can affect certain aspects of the employment relationship. Each situation should be reviewed on its own facts.
Please contact us via our contact page with questions on this topic, or visit our Labor and Employment Law page for more on our services in this area.
The information on this page is for general information only and does not constitute legal advice.
Briefly describe your situation and we will get back to you to arrange a suitable initial conversation.