1E9Ct5D

EMPLOYMENT RELATIONSUnder the Turkish Labour Law (the “Law”) there are provisions regarding job security toprevent unfair dismissals. These provisions apply to workplaces with 30 or more employeesand to indefinite period contracts, and are of particular relevance in relation to thetermination of employment contracts.Fixed Term or IndefiniteOne of the main principles of the Law is that employment is for an indefinite period unlessotherwise stated in the Employment Contract or if the work is temporary in nature. Inaccordance with this principle courts are inclined to interpret the scope of the fixed-termcontracts narrowly. Furthermore, if a fixed term contract is renewed, it would beconsidered as being for an indefinite period, unless there is a justifiable reason (e.g. if theemployment term is tied to the completion of a project).Under the Law employees on fixed-term employment contracts should be entitled to thesame benefits in relation to remuneration as the employees who are working for indefiniteperiod. In principle employees on fixed-term employment contracts are not entitled toseverance payment however this is rather a grey area thus courts may decide to orderseverance payment with relation to fixed-term contracts in some circumstances.Termination of Employment ContractsWorkplaces with 30 or more employees - Job Security ProvisionsFor workplaces with 30 or more employees, there is a job security right in which theemployee who has worked for at least 6 months in the firm, may claim reinstatement if theemployer decides to dismiss him or her without a valid reason such as, the incompetence ofthe employee, the behaviour of the employee, or the requirements of the workplace or thework. An employee will not be able to benefit from job security provisions if there is a“valid reason” set out under the Law, for a termination with immediate effect.In case where the dismissed employee claimed for reinstatement and the judge accepts theclaim and rules that the employee should be reinstated and the employer does not allowthe employee to start work within 1 month of the date of the judgement, the employer willhave to pay compensation in the amount of between 4 and 8 months’ salary. The employerwill also have to pay compensation to the employee covering the time period during whichthe court case was pending and consequently the employee was not allowed to work,which may amount to four months’ salary and other entitlements.11