Severance and notice pay
Review of the validity of the termination, correct calculation of the wage on which compensation is based, and claims for unpaid entitlements.
Ankara --:-- · —
bilgi@utuhukuk.com
0536 593 16 00
Practice Area · 04
Employment Law
Acting for employees and employers; conduct of termination, severance and notice, overtime claim, reinstatement and workplace accident files.
Last updated: · UTU Hukuk & Danışmanlık
In employment disputes what is decisive is usually not the allegation but the record. Payslips, timesheets, signed minutes and the content of the notice of termination directly strengthen or weaken the position of both employee and employer. Employment law representation begins with reading those records correctly.
UTU Hukuk & Danışmanlık works across every stage, from the formation of the employment contract to its termination: structuring human resources processes lawfully for employers, and pursuing employees' entitlements in full.
In reinstatement actions the preclusive period is one month from service of the notice of termination, and mediation beforehand is mandatory. Once these periods are missed there is no remedy.
Scope
Which Employment Law matters do we handle?
UTU Hukuk provides litigation and advisory services in Ankara in Employment Law on the following matters: Severance and notice pay, Reinstatement actions, Overtime and wage claims, Workplace accidents and occupational disease, Mobbing and termination for just cause, Employer advisory and Non-compete obligations. The headings below are the types of work we handle most often in this area. A preliminary meeting can also be arranged on a matter not listed here.
Reinstatement actions
Review of valid grounds, management of the mediation stage, compensation for failure to reinstate and wages for the period out of work.
Overtime and wage claims
Overtime, weekly rest day, national and public holiday pay, annual leave entitlement and the minimum living allowance.
Workplace accidents and occupational disease
Actions for pecuniary and non-pecuniary damages, examination of fault, and defence in social security subrogation claims.
Mobbing and termination for just cause
Worsening of working conditions, allegations of psychological harassment, and exercise of the right of immediate termination for just cause.
Employer advisory
Drafting of employment contracts and internal regulations, disciplinary procedures, taking of defences and structuring of the termination procedure.
Non-compete obligations
Validity of post-employment non-compete clauses and disputes over contractual penalties.
Authorities
Which authorities hear Employment Law cases?
Depending on their nature, Employment Law cases are handled before Labour Court, Mediation Office, Ministry of Labour and Social Security, Social Security Institution and Regional Court of Appeal. The authority before which the matter is heard determines the applicable procedure and time limits from the outset. An application to the wrong authority usually results in lost time.
- Labour Court
- Mediation Office
- Ministry of Labour and Social Security
- Social Security Institution
- Regional Court of Appeal
Process
How do we work?
Every file goes through the same four steps. A stage that is rushed increases the cost of the one that follows.
Preliminary meeting
We listen to the subject of the file, its stage and the time limits. A conflict-of-interest check is carried out. The meeting is held by appointment and on a confidential basis.
Document review
Existing documents, service dates and the case file, if any, are examined. We establish which time limits are running and which rights can still be exercised.
Roadmap
Options are set out in writing together with their likely outcomes and costs. The engagement and the fee are agreed in a written contract before work begins.
Execution and reporting
Information is provided at every stage as the matter proceeds. Hearings, service and time limits are notified in advance; no surprises are left.
Q & A
Employment Law — frequently asked questions
It must be established whether the notice of termination was in writing, what grounds it gave and when it was served. The one-month period for reinstatement runs from that date; waiting is therefore risky.
As a rule, no severance pay arises on resignation. However, in cases such as non-payment of wages, underpayment of social security premiums or a material change in working conditions, termination for just cause arises and severance pay may be claimed.
Workplace records, entry and exit systems, telephone and e-mail traffic and witness statements are assessed together. Where there is no written record, witness evidence alone may produce a result.
Yes. Payments made by the Social Security Institution do not cover the entire loss; an action may be brought against the employer for the uncovered pecuniary loss and for non-pecuniary damages.
Yes. Provided there is no conflict of interest in the same file, we act for both employees and employers.
Read more
Related practice areas
Files rarely stay within a single area. The areas below are those that most often run alongside this one.
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Our Publications
Our articles on Employment Law
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2 min readLet us assess your file together.
At the preliminary meeting we discuss the stage of the file, the time limits running and the available options. Meetings are by appointment and confidentiality is essential.