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CONTENTS<br />
04-05 ABOUT US<br />
Get the Best Legal Service Ever<br />
OUR KEY TEAM<br />
06-07<br />
08-09 MAIN PRACTICE AREAS<br />
OUR EMPLOYMENT SERVICES<br />
10-12<br />
13 OUR EMPLOYMENT PRACTICE<br />
OUR RECENT EXPERIENCES<br />
14-16<br />
17 CONTENTIOUS<br />
03
GET<br />
THE BEST<br />
LEGAL SERVİCE<br />
ABOUTS US<br />
EVER<br />
04
Karadağ Law Office, is a full service law firm in Tur-key, provides legal services to its local and<br />
multinati-onal corporate clients with around 7 lawyers including 2 partners. The majority of<br />
our firm’s lawyers, all of whom are multilingual, have LL.M. and/or Ph.D. deg-rees from recognized<br />
law schools around the world including the United States and Germany.<br />
Karadağ Law office offers a diverse range of legal services, particularly in corporate transactions,<br />
mer-gers & acquisitions, competition/antitrust, intellectual property, pharmaceuticals,<br />
banking & finance, emp-loyment, real estate and litigation, white collar crime and compliance<br />
for local and multinational busines-ses.<br />
With a profound insight on business sectors and a deep understanding of the trade, our law<br />
office provi-des the best possible solution, personalized to the specifications of each client.<br />
With our lawyers’ subs-tantial experience in complex multi-jurisdictional corpo-rate activities,<br />
we manage all transactions and client matters in an efficient and responsive manner.<br />
In 2015 and 2016, our lawyers specialized in employ-ment law, ranked as Tier 1 by Legal 500<br />
and Chambers Europe and Chambers global in the field of employ-ment law.<br />
Karadağ Law Office is a member of Employment Law Alliance (ELA) which is one of the most<br />
prestigious employment law associations throughout the world.<br />
05
OUR KEY TEAM<br />
Counselling Lawyer<br />
+90 (530) 155 43 65<br />
+90 (212) 268 22 28<br />
+90 (212) 324 06 64<br />
Akat Mah. 8. Gazeteciler Sitesi.<br />
Akatlar Mah. Yıldırım Oğuz Göker Sok.<br />
No 56 Beşiktaş / Levent - İstanbul<br />
monaran@karadaglaw.com<br />
www.karadaglaw.com<br />
Melek Onaran’s practice focuses on all aspects of employment and labour law matters. She has extensive<br />
experience in dealing with individual and collective labour law, and social security law matters. She offers<br />
legal guidance on complex legal issues, such as those that can arise in large-scale cross border transactions<br />
or outsourcing projects, as well as challenging restructuring projects and subsequent dismissals. She provides<br />
specialized legal advice in all corporate crime matters such as fraud, misappropriation, unfair competition<br />
etc.<br />
Dr. Onaran worked as an associate professor at the Department of Employment and Social Security Law of<br />
Istanbul University School of Law between the years of 1986 and 1999. She lectured various employment<br />
and labour law topics at the Faculty of Law throughout her academic years of 13 years, and published many<br />
articles in various law journals and periodicals.<br />
Dr. Onaran earned her Ph.D. degree at Istanbul University, School of Law in Private Law in 1999. She pursued<br />
her Ph.D studies at the University of Friedrich Alexander in Erlangen-Nürnberg. Her Thesis was titled “In the<br />
Light of Comparative Study, Equality of Women and Men Employees in Labour Law’’. She earned her first<br />
LL.M. degree at Istanbul University, School of Law, in Employment and Collective Labour Law in 1990. She<br />
earned her second LL.M. degree at Georgetown University, Washington D.C. in Securities and Financial Regulations<br />
in 2002. She graduated from Istanbul University, School of Law in 1986.<br />
She is a member of Istanbul Bar Association.<br />
She speaks fluent English and advance level of German.<br />
Dr. Onaran was admitted to practice in 1999.<br />
06
Emrah KARADAĞ<br />
Managing Partner<br />
+90 (530) 704 10 88<br />
+90 (212) 268 22 28<br />
+90 (212) 324 06 64<br />
Akat Mah. 8. Gazeteciler Sitesi.<br />
Akatlar Mah. Yıldırım Oğuz Göker Sok.<br />
No 56 Beşiktaş / Levent - İstanbul<br />
ekaradag@karadaglaw.com<br />
www.karadaglaw.com<br />
Emrah Karadağ specialises in all aspects of employment and labour law matters, corporate and<br />
merger and acquisitions, commercial law and compliance matters. He also has a profound expertise<br />
in dealing with individual and collective labour law, and social security law matters, and advising on<br />
both contentious and non-contentious law matters. He provides legal advice to a range of domestic<br />
and international companies for all their needs.<br />
He represented Turkish and international clients in their dealings and disputes from diverse industry<br />
sectors. He has advised many multinational/local companies.<br />
Mr. Karadağ is currently at the thesis stage of his LL.M. at Özyeğin University, Institute of Social Sciences,<br />
in Private Law. He is working on his thesis namely “competency and authorisation to conclude<br />
collective labour agreement”. He graduated from Galatasaray University, School of Law in 2011.<br />
He is a member of Istanbul Bar Association.<br />
He speaks fluent English, French and intermediate level of Spanish.<br />
Mr. Karadağ was admitted to practice in 2011.<br />
07
MAIN PRACTICE AREAS<br />
• Corporate<br />
• Employment<br />
• White Collar & Crime<br />
• Dispute Resolution<br />
• Competition<br />
• Intellectual Property & Technology<br />
• Real Estate<br />
• Tax<br />
DELIVERING SOLUTIONS<br />
With a profound insight on business sectors and a deep understanding of the trade, our law<br />
office provides the best possible solution, personalised to the specifications of each client. Our<br />
extensive experience and the complete range of business services available to all clients from<br />
within the firm give us the capacity to undertake complex deals in exacting timescales. With<br />
our lawyers’ substantial experience in complex multi-jurisdictional corporate activities, we<br />
manage all transactions and client matters in an efficient and responsive manner, ensuring<br />
that appropriate levels of assistance are provided for each matter.<br />
INTERNATIONAL ORIENTATION<br />
Working in today’s global environment requires us to understand our clients thoroughly. Our<br />
practice combines worldwide reach with comprehensive local knowledge, which enables us to<br />
deliver successful outcomes. Whether it is a one-time deal or part of a long-term strategy, we<br />
are committed to help our clients realise their goals.<br />
08
OUR RETAINER SERVICES<br />
Our law office’s practice areas and specialised teams suit each client’s daily needs, as the firm<br />
is renowned for its retainer services. The retainer services consist of corporate and commercial<br />
law, litigation, intellectual property law, employment law, competition law, real estate, white<br />
collar crime tax and securities with integrated departments providing the services. Our Employment,<br />
Competition and Tax departments cooperate with the Corporate, Litigation, Real<br />
Estate, White Collar Crime and Compliance departments every day in meeting our clients’<br />
daily requirements<br />
KARADAĞ LAW OFFICE PROVIDES<br />
LEGAL SERVICES IN THE FOLLOWING<br />
SECTORS AND PRACTICE AREAS<br />
• Banking and Finance<br />
• Competition & Antitrust<br />
• Compliance<br />
• Construction<br />
• Corporate & Commercial<br />
• Employment<br />
• Energy and Natural Resources<br />
• Environmental<br />
• European Union<br />
• Information Technology<br />
• Intellectual Property<br />
• International Trade and Customs<br />
• Litigation<br />
• Media & Telecommunications<br />
• Mergers & Acquisitions<br />
• Mining<br />
• Pharmaceuticals and Healthcare<br />
• Public Tenders & Government Contracts<br />
• Real Estate<br />
• Shipping and Maritime<br />
• Tax<br />
• White Collar Crime<br />
09
OUR EMPLOYMENT SERVICES<br />
KARADAĞ Law Office is a firm housing a team of lawyers fully specialised in employment law<br />
and so provides practical solutions in all areas of employment and labour law, offering advice<br />
on both contentious and non-contentions matters.<br />
Some of the key areas of work include providing ongoing legal advisory services in relation to<br />
employment issues include; assisting with HR planning and restructuring within corporate<br />
groups; advising on and assisting in the implementation of large-scale dismissals; advising on<br />
applying for work and residence permits of foreign employees; and engaging in collective<br />
bargaining negotiations and preparing collective labour agreements.<br />
We provide day to day advice on methods for improving employer-employee relations and/or<br />
maintaining a union-free environment. For unionised clients, we provide assistance in all<br />
aspects of the management of the union relationship including collective labour agreements,<br />
grievances and representation before labour courts.<br />
Our Employment team is also experienced in drafting and reviewing all sorts of employment<br />
contracts, directors’ service contracts, and separation and release documents in addition to<br />
advising on confidentiality and non-compete agreements and executive level issues.<br />
Based on our exclusive know-how we have the insight and resources to deal with major projects,<br />
including cross border business transfers, relocations or closure of sites, and the introduction<br />
of advanced benefit or remuneration arrangements.<br />
We advise clients in formulating all sorts of internal policies and guidelines for its employees<br />
and organise seminars and training programs for companies in this context. Additionally, we<br />
advise on employee benefits matters in the broadest sense as well as executive compensation<br />
and provide major international companies with full legal assistance concerning the implementation<br />
of employee offering plans, stock options and similar rights.<br />
10
We frequently advise international businesses on rules concerning diversity and discrimination,<br />
ethics and compliance rules including whistle blowing hotlines, data protection and international<br />
transfer of data, and secondment of experts and executives around the world.<br />
We also support our clients in litigation and disputes, including appeal procedures. Thus, in the<br />
event that a dispute becomes inevitable, clients are assisted by our employment lawyers who<br />
are trained to seek the best and fastest possible solutions with the use of the full range of<br />
dispute resolution techniques. Perhaps the most profound development in employment law,<br />
since the enactment of job security law in 2003, is the explosion of employee-initiated litigation<br />
against employers. Hence, the employer’s right to dismiss employees is now restrained by<br />
this law. Every day, we counsel employers who find themselves defending suits for wrongful or<br />
unfair dismissal claims brought under job security provisions of the Turkish Labour Law. We<br />
have significant experience in defending unfair dismissals, involving claims for reinstatement<br />
to work or reinstatement compensation. Our Employment team also has extensive experience<br />
in defending labour actions involving issues related to unpaid wages, overtime wages, working<br />
hours, commissions and enforcement of restrictive covenants and confidentiality obligations.<br />
We provide legal assistance to our clients in all sorts of investigations conducted by labour<br />
authorities in the company premises or on the company documents.<br />
11
Services and Subsections under this practice area<br />
• Drafting typical and atypical employment contracts subject to Labour Law, Maritime<br />
Labour Law, Press Labour Law<br />
• Drafting internal regulations<br />
• Protecting employer proprietary interests, including restrictive covenants, confidentiality<br />
issues and protection of trade secrets<br />
• Dismissals<br />
• Ethical and compliance rules including ethical whistle-blowing hotlines<br />
• Drafting social media policies<br />
• Complex restructurings & redundancies & mass layoffs<br />
• International posting of employees & secondment<br />
• Outsourcing & subcontracting<br />
• Cross border multi-jurisdictions projects (mergers, acquisitions and divestitures)<br />
• Counselling on work health and safety measures and dealing with litigation on material<br />
and moral damages and claims arising from occupational accidents and diseases<br />
• Employee data protection<br />
• Dispute resolution and litigation arising from Labour Law, Maritime Labour Law, Press<br />
Labour Law, Social Security Law<br />
• Tax and social security incentives and practices applied in free zones<br />
• Attending collective bargaining and negotiating collective labour agreements<br />
• Challenging trade unions’ competence to conclude collective labour agreement<br />
• Stopping strike actions and challenging strike ballots<br />
• Dealing with all types of social security matters<br />
• Advising on work health and safety legislation<br />
• Employee offerings of international companies, employee stock options and profit<br />
sharing schemes<br />
• Bonus & other incentive schemes<br />
• All types of employee benefits plans and pension schemes<br />
• Executive compensation<br />
• All types of regulatory issues before labour authorities<br />
• Immigration matters such as visas, work permits and resident permit applications<br />
12
OUR EMPLOYMENT PRACTICE<br />
Our Employment team provides proactive counselling to lead our clients through laws and<br />
regulations governing all employment matters.<br />
Our underlying drive is to develop and implement employment policies designed to minimise<br />
risk and avoid litigation for employers from all industries. When dispute becomes inevitable,<br />
our lawyers seek to offer the best possible solutions promptly and effectively.<br />
In today’s ever-changing global business climate, our Employment team members have experiences<br />
on employment aspects of mergers, acquisitions and divestitures, and have been<br />
involved in highly leveraged transactions with cross border elements for various sectors.<br />
With experience representing clients in dealings and disputes with employees, unions and<br />
governmental entities; our employment lawyers have an understanding of employers’ needs,<br />
means and goals in dealing with employees and employer related questions. We aim to<br />
understand our clients’ needs regardless of the sector they operate in and have industry-specific<br />
know how in a broad range of sectors.<br />
Sectors we advise include:<br />
• Chemicals<br />
• Packaging<br />
• Cosmetics<br />
• Machinery<br />
• Pharmaceuticals<br />
• Steel<br />
• Services<br />
• Telecommunications<br />
• Media & Press<br />
• Tobacco<br />
• Technology<br />
• Medical Device<br />
• Software<br />
• Textile<br />
• Sports<br />
• Electronic Device<br />
• Leisure & Hospitality<br />
• Hospitals & Medical Clinics<br />
• Energy<br />
• Advertising<br />
13
OUR RECENT EXPERIENCES<br />
• Advised a major company operating in the land transportation sector on methods for<br />
improving employer-employee relations, employment conditions, and employees’ participation<br />
in the management of the company through work council and employee representatives.<br />
• Advised a major global media company concerning the investigation process conducted<br />
by the Social Security Institution.<br />
• Advised a major company operating in the land transportation sector on subcontracting<br />
issues, and determination of strategies for pursuit of labour lawsuits to fend off discrimination<br />
claims.<br />
• Advised a global media company on a variety of employment issues involving recruitment,<br />
restructuring, termination matters, preparation of employment contracts and internal<br />
policies, and grievances arising from the Press Labour Law and Labour Law.<br />
• Advised a leading pharmaceutical company during an investigation held in relation to<br />
irregular employment applications by the Social Security Institution and also assisted in post<br />
investigation actions.<br />
• Advised a major Turkish telecommunications company in preparing a section of its<br />
prospectus on human resources issues for the largest IPO in Turkey’s history.<br />
• Advised one of the world’s most prestigious private equity funds in relation to various<br />
employment issues during its acquisition of hospitals.<br />
• Advised one of the municipalities in Turkey on em<br />
ployment and regulatory issues in pre and post-privatisation of the third largest natural gas<br />
distribution company in Turkey.<br />
• Advised one of the world’s largest pharmaceutical companies during its acquisition of<br />
another major pharmaceutical company on restructuring issues including redundancies<br />
within both companies.<br />
• Attended and assisted a leading tobacco company during an inspection in relation to its<br />
employment applications, conducted by the Provincial Labour Directorate and also assisted for<br />
the post investigations actions.<br />
• Assisted in various acquisition transactions of various multinational companies operating<br />
in diversified sectors by preparing due diligence reports and advising on all aspects of<br />
employment issues in relation to such acquisitions.<br />
• Assisted various multi-national companies operating in diversified sectors regarding<br />
business transfer matters.<br />
14
• Advised one the world’s biggest aircraft motor repair and maintenance companies on a<br />
variety of employment issues in Turkey and assisted during its consecutive collective bargaining<br />
processes.<br />
• Advised one of the world’s largest photographic and imaging companies and one of the<br />
world’s largest pharmaceutical companies on the termination of high level executives based<br />
on just cause, conducted investigation in the workplace to collect evidence in order to substantiate<br />
the termination cause and drafted the investigation report accordingly.<br />
• Advised the branch office of one of the world’s largest pharmaceutical companies on its<br />
employment restructuring strategy implemented due to adverse effects of recent changes in<br />
pharmaceutical legislation.<br />
• Advised a globally leading packaging company on a variety of employment issues in<br />
Turkey, including preparation of employment contracts for local employees and internal policies,<br />
reviewed inactive plans and performance improvement procedures, applicable health<br />
and safety measures and effected dismissals.<br />
• Advised a major filtration manufacturer company located in a free zone on types of<br />
employment, pre-employment checks, employee privacy, recruitment processes, work permit<br />
requirements for free zones, health and safety at work, and social security issues.<br />
• Advised a leading real estate company and a major filtration manufacturer company on<br />
strategies to follow for unfair competition claims.<br />
• Advised a major company operating in the chemical sector on all aspects of employer’s<br />
responsibilities to preserve occupational health and safety at work.<br />
• Advised various multinational companies on work permit requirements and social<br />
security rights of expatriates who are assigned to work in Turkey.<br />
• Advised an investment company during the due diligence process regarding union<br />
competence matters and alternative litigation strategies to challenge the union’s competence<br />
as per the newly enacted Unions and Collective Bargaining Agreement Law.<br />
• Advised an investment company during the due diligence process regarding the legitimacy<br />
of outsourced activities of the target company operating in the passenger transportation<br />
sector.<br />
• Advised numerous clients on employment issues relating to coordination and integration<br />
of employees between merging entities, particularly planned necessary transfers and<br />
redundancies and determined compensation packages in relation to redundancies.<br />
15
• Advised a leading insurance company and an energy company on the separation of a<br />
top executive.<br />
• Advised one of the world’s largest banks on employment law issues, in particular<br />
pre-employment checks and data protection and also advised on employee orientation survey.<br />
• Advised a leading company in the energy sector on procedures regarding alcohol and<br />
drug testing on employees.<br />
• Advised a leading computer software company on redundancy procedures due to restructuring.<br />
• Advised a leading pharmaceutical company on strategies which may be pursued not to<br />
cause any pregnancy discrimination due to envisaged termination of employment upon her<br />
maternity leave.<br />
• Advised a leading company in the energy sector on the legal implementations of the<br />
transfer of employees upon spin-off.<br />
• Advised a global media company, operating in around 50 jurisdictions, on the implementation<br />
of new global guidance, to ensure consistency in the management and conduct of<br />
its business units.<br />
• Advised a leading computer software company on application of pension plans under<br />
Turkish Labour Law.<br />
• Advised management of various multinational companies in connection with the termination<br />
of senior executives and employees. We also advised on strategy, negotiating directly<br />
with the executives/employees and ultimately agreeing the terms of separation.<br />
16
CONTENTIOUS<br />
• Represented a major media company in a dispute before the Labour court to challenge<br />
the competency of the trade union to negotiate collective labour agreements and in a dispute<br />
challenging the legitimacy of the strike implemented in the workplace based on good faith<br />
principles.<br />
• Represented various pharmaceutical companies against the claims of former employees<br />
upon their redundancy following large scale restructurings.<br />
• Represented a major company, involved in the investment and management sector of<br />
shop- ping malls, against a claim of a subcontractor’s employee regarding material and immaterial<br />
damages arising from a work accident occurred at the workplace.<br />
• Represented a leading company in aircraft motor repair and maintenance industry against<br />
claims for unfair mass dismissals, in which the employees claimed that they were dismissed<br />
due to their rightful union activities.<br />
• Represented a leading food services company in an employment litigation matter relating<br />
to a claim of an employee arising from share option plans.<br />
• Represented a leading tobacco company before the Labour and Criminal Courts against<br />
the Provincial Labour Directorate for the cancellation of imposed sanctions arising from inspections<br />
conducted with respect to working conditions.<br />
• Represented a leading company active in endoscopy products and photography appliances<br />
against claims of executive managers who were dismissed due to their misconduct<br />
concerning financial matters.<br />
• Represented a leading company in the leisure and hospitality sector against claims of<br />
employees who were dismissed prior to transfer of business by the previous entrepreneur.<br />
• Represented a global leader in food processing and packaging in employment litigation<br />
matters relating to claims of employees arising from incentive schemes.<br />
17
PERIODICALS<br />
The firm provides updates to clients by periodically publishing ‘Legal News Alerts’ which offer legal<br />
updates concerning many areas of law.<br />
For further information about KARADAĞ Law Office please visit www.karadaglaw.com<br />
18
This brochure has been prepared for the clients of KARADAĞ Law Office for information purposes only.<br />
Copyright © 2014 KARADAĞ Law Office. All rights reserved.<br />
Akat Mah. 8. Gazeteciler Sitesi.<br />
+90 (212) 268 22 28 info@karadaglaw.com<br />
Yıldırım Oğuz Göker Sok. No 56<br />
+90 (212) 324 06 64<br />
www.karadaglaw.com<br />
Levent - Beşiktaş / İstanbul