EMPLOMENT

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CONTENTS

04-05 ABOUT US

Get the Best Legal Service Ever

OUR KEY TEAM

06-07

08-09 MAIN PRACTICE AREAS

OUR EMPLOYMENT SERVICES

10-12

13 OUR EMPLOYMENT PRACTICE

OUR RECENT EXPERIENCES

14-16

17 CONTENTIOUS

03


GET

THE BEST

LEGAL SERVİCE

ABOUTS US

EVER

04


Karadağ Law Office, is a full service law firm in Tur-key, provides legal services to its local and

multinati-onal corporate clients with around 7 lawyers including 2 partners. The majority of

our firm’s lawyers, all of whom are multilingual, have LL.M. and/or Ph.D. deg-rees from recognized

law schools around the world including the United States and Germany.

Karadağ Law office offers a diverse range of legal services, particularly in corporate transactions,

mer-gers & acquisitions, competition/antitrust, intellectual property, pharmaceuticals,

banking & finance, emp-loyment, real estate and litigation, white collar crime and compliance

for local and multinational busines-ses.

With a profound insight on business sectors and a deep understanding of the trade, our law

office provi-des the best possible solution, personalized to the specifications of each client.

With our lawyers’ subs-tantial experience in complex multi-jurisdictional corpo-rate activities,

we manage all transactions and client matters in an efficient and responsive manner.

In 2015 and 2016, our lawyers specialized in employ-ment law, ranked as Tier 1 by Legal 500

and Chambers Europe and Chambers global in the field of employ-ment law.

Karadağ Law Office is a member of Employment Law Alliance (ELA) which is one of the most

prestigious employment law associations throughout the world.

05


OUR KEY TEAM

Counselling Lawyer

+90 (530) 155 43 65

+90 (212) 268 22 28

+90 (212) 324 06 64

Akat Mah. 8. Gazeteciler Sitesi.

Akatlar Mah. Yıldırım Oğuz Göker Sok.

No 56 Beşiktaş / Levent - İstanbul

monaran@karadaglaw.com

www.karadaglaw.com

Melek Onaran’s practice focuses on all aspects of employment and labour law matters. She has extensive

experience in dealing with individual and collective labour law, and social security law matters. She offers

legal guidance on complex legal issues, such as those that can arise in large-scale cross border transactions

or outsourcing projects, as well as challenging restructuring projects and subsequent dismissals. She provides

specialized legal advice in all corporate crime matters such as fraud, misappropriation, unfair competition

etc.

Dr. Onaran worked as an associate professor at the Department of Employment and Social Security Law of

Istanbul University School of Law between the years of 1986 and 1999. She lectured various employment

and labour law topics at the Faculty of Law throughout her academic years of 13 years, and published many

articles in various law journals and periodicals.

Dr. Onaran earned her Ph.D. degree at Istanbul University, School of Law in Private Law in 1999. She pursued

her Ph.D studies at the University of Friedrich Alexander in Erlangen-Nürnberg. Her Thesis was titled “In the

Light of Comparative Study, Equality of Women and Men Employees in Labour Law’’. She earned her first

LL.M. degree at Istanbul University, School of Law, in Employment and Collective Labour Law in 1990. She

earned her second LL.M. degree at Georgetown University, Washington D.C. in Securities and Financial Regulations

in 2002. She graduated from Istanbul University, School of Law in 1986.

She is a member of Istanbul Bar Association.

She speaks fluent English and advance level of German.

Dr. Onaran was admitted to practice in 1999.

06


Emrah KARADAĞ

Managing Partner

+90 (530) 704 10 88

+90 (212) 268 22 28

+90 (212) 324 06 64

Akat Mah. 8. Gazeteciler Sitesi.

Akatlar Mah. Yıldırım Oğuz Göker Sok.

No 56 Beşiktaş / Levent - İstanbul

ekaradag@karadaglaw.com

www.karadaglaw.com

Emrah Karadağ specialises in all aspects of employment and labour law matters, corporate and

merger and acquisitions, commercial law and compliance matters. He also has a profound expertise

in dealing with individual and collective labour law, and social security law matters, and advising on

both contentious and non-contentious law matters. He provides legal advice to a range of domestic

and international companies for all their needs.

He represented Turkish and international clients in their dealings and disputes from diverse industry

sectors. He has advised many multinational/local companies.

Mr. Karadağ is currently at the thesis stage of his LL.M. at Özyeğin University, Institute of Social Sciences,

in Private Law. He is working on his thesis namely “competency and authorisation to conclude

collective labour agreement”. He graduated from Galatasaray University, School of Law in 2011.

He is a member of Istanbul Bar Association.

He speaks fluent English, French and intermediate level of Spanish.

Mr. Karadağ was admitted to practice in 2011.

07


MAIN PRACTICE AREAS

• Corporate

• Employment

• White Collar & Crime

• Dispute Resolution

• Competition

• Intellectual Property & Technology

• Real Estate

• Tax

DELIVERING SOLUTIONS

With a profound insight on business sectors and a deep understanding of the trade, our law

office provides the best possible solution, personalised to the specifications of each client. Our

extensive experience and the complete range of business services available to all clients from

within the firm give us the capacity to undertake complex deals in exacting timescales. With

our lawyers’ substantial experience in complex multi-jurisdictional corporate activities, we

manage all transactions and client matters in an efficient and responsive manner, ensuring

that appropriate levels of assistance are provided for each matter.

INTERNATIONAL ORIENTATION

Working in today’s global environment requires us to understand our clients thoroughly. Our

practice combines worldwide reach with comprehensive local knowledge, which enables us to

deliver successful outcomes. Whether it is a one-time deal or part of a long-term strategy, we

are committed to help our clients realise their goals.

08


OUR RETAINER SERVICES

Our law office’s practice areas and specialised teams suit each client’s daily needs, as the firm

is renowned for its retainer services. The retainer services consist of corporate and commercial

law, litigation, intellectual property law, employment law, competition law, real estate, white

collar crime tax and securities with integrated departments providing the services. Our Employment,

Competition and Tax departments cooperate with the Corporate, Litigation, Real

Estate, White Collar Crime and Compliance departments every day in meeting our clients’

daily requirements

KARADAĞ LAW OFFICE PROVIDES

LEGAL SERVICES IN THE FOLLOWING

SECTORS AND PRACTICE AREAS

• Banking and Finance

• Competition & Antitrust

• Compliance

• Construction

• Corporate & Commercial

• Employment

• Energy and Natural Resources

• Environmental

• European Union

• Information Technology

• Intellectual Property

• International Trade and Customs

• Litigation

• Media & Telecommunications

• Mergers & Acquisitions

• Mining

• Pharmaceuticals and Healthcare

• Public Tenders & Government Contracts

• Real Estate

• Shipping and Maritime

• Tax

• White Collar Crime

09


OUR EMPLOYMENT SERVICES

KARADAĞ Law Office is a firm housing a team of lawyers fully specialised in employment law

and so provides practical solutions in all areas of employment and labour law, offering advice

on both contentious and non-contentions matters.

Some of the key areas of work include providing ongoing legal advisory services in relation to

employment issues include; assisting with HR planning and restructuring within corporate

groups; advising on and assisting in the implementation of large-scale dismissals; advising on

applying for work and residence permits of foreign employees; and engaging in collective

bargaining negotiations and preparing collective labour agreements.

We provide day to day advice on methods for improving employer-employee relations and/or

maintaining a union-free environment. For unionised clients, we provide assistance in all

aspects of the management of the union relationship including collective labour agreements,

grievances and representation before labour courts.

Our Employment team is also experienced in drafting and reviewing all sorts of employment

contracts, directors’ service contracts, and separation and release documents in addition to

advising on confidentiality and non-compete agreements and executive level issues.

Based on our exclusive know-how we have the insight and resources to deal with major projects,

including cross border business transfers, relocations or closure of sites, and the introduction

of advanced benefit or remuneration arrangements.

We advise clients in formulating all sorts of internal policies and guidelines for its employees

and organise seminars and training programs for companies in this context. Additionally, we

advise on employee benefits matters in the broadest sense as well as executive compensation

and provide major international companies with full legal assistance concerning the implementation

of employee offering plans, stock options and similar rights.

10


We frequently advise international businesses on rules concerning diversity and discrimination,

ethics and compliance rules including whistle blowing hotlines, data protection and international

transfer of data, and secondment of experts and executives around the world.

We also support our clients in litigation and disputes, including appeal procedures. Thus, in the

event that a dispute becomes inevitable, clients are assisted by our employment lawyers who

are trained to seek the best and fastest possible solutions with the use of the full range of

dispute resolution techniques. Perhaps the most profound development in employment law,

since the enactment of job security law in 2003, is the explosion of employee-initiated litigation

against employers. Hence, the employer’s right to dismiss employees is now restrained by

this law. Every day, we counsel employers who find themselves defending suits for wrongful or

unfair dismissal claims brought under job security provisions of the Turkish Labour Law. We

have significant experience in defending unfair dismissals, involving claims for reinstatement

to work or reinstatement compensation. Our Employment team also has extensive experience

in defending labour actions involving issues related to unpaid wages, overtime wages, working

hours, commissions and enforcement of restrictive covenants and confidentiality obligations.

We provide legal assistance to our clients in all sorts of investigations conducted by labour

authorities in the company premises or on the company documents.

11


Services and Subsections under this practice area

• Drafting typical and atypical employment contracts subject to Labour Law, Maritime

Labour Law, Press Labour Law

• Drafting internal regulations

• Protecting employer proprietary interests, including restrictive covenants, confidentiality

issues and protection of trade secrets

• Dismissals

• Ethical and compliance rules including ethical whistle-blowing hotlines

• Drafting social media policies

• Complex restructurings & redundancies & mass layoffs

• International posting of employees & secondment

• Outsourcing & subcontracting

• Cross border multi-jurisdictions projects (mergers, acquisitions and divestitures)

• Counselling on work health and safety measures and dealing with litigation on material

and moral damages and claims arising from occupational accidents and diseases

• Employee data protection

• Dispute resolution and litigation arising from Labour Law, Maritime Labour Law, Press

Labour Law, Social Security Law

• Tax and social security incentives and practices applied in free zones

• Attending collective bargaining and negotiating collective labour agreements

• Challenging trade unions’ competence to conclude collective labour agreement

• Stopping strike actions and challenging strike ballots

• Dealing with all types of social security matters

• Advising on work health and safety legislation

• Employee offerings of international companies, employee stock options and profit

sharing schemes

• Bonus & other incentive schemes

• All types of employee benefits plans and pension schemes

• Executive compensation

• All types of regulatory issues before labour authorities

• Immigration matters such as visas, work permits and resident permit applications

12


OUR EMPLOYMENT PRACTICE

Our Employment team provides proactive counselling to lead our clients through laws and

regulations governing all employment matters.

Our underlying drive is to develop and implement employment policies designed to minimise

risk and avoid litigation for employers from all industries. When dispute becomes inevitable,

our lawyers seek to offer the best possible solutions promptly and effectively.

In today’s ever-changing global business climate, our Employment team members have experiences

on employment aspects of mergers, acquisitions and divestitures, and have been

involved in highly leveraged transactions with cross border elements for various sectors.

With experience representing clients in dealings and disputes with employees, unions and

governmental entities; our employment lawyers have an understanding of employers’ needs,

means and goals in dealing with employees and employer related questions. We aim to

understand our clients’ needs regardless of the sector they operate in and have industry-specific

know how in a broad range of sectors.

Sectors we advise include:

• Chemicals

• Packaging

• Cosmetics

• Machinery

• Pharmaceuticals

• Steel

• Services

• Telecommunications

• Media & Press

• Tobacco

• Technology

• Medical Device

• Software

• Textile

• Sports

• Electronic Device

• Leisure & Hospitality

• Hospitals & Medical Clinics

• Energy

• Advertising

13


OUR RECENT EXPERIENCES

• Advised a major company operating in the land transportation sector on methods for

improving employer-employee relations, employment conditions, and employees’ participation

in the management of the company through work council and employee representatives.

• Advised a major global media company concerning the investigation process conducted

by the Social Security Institution.

• Advised a major company operating in the land transportation sector on subcontracting

issues, and determination of strategies for pursuit of labour lawsuits to fend off discrimination

claims.

• Advised a global media company on a variety of employment issues involving recruitment,

restructuring, termination matters, preparation of employment contracts and internal

policies, and grievances arising from the Press Labour Law and Labour Law.

• Advised a leading pharmaceutical company during an investigation held in relation to

irregular employment applications by the Social Security Institution and also assisted in post

investigation actions.

• Advised a major Turkish telecommunications company in preparing a section of its

prospectus on human resources issues for the largest IPO in Turkey’s history.

• Advised one of the world’s most prestigious private equity funds in relation to various

employment issues during its acquisition of hospitals.

• Advised one of the municipalities in Turkey on em

ployment and regulatory issues in pre and post-privatisation of the third largest natural gas

distribution company in Turkey.

• Advised one of the world’s largest pharmaceutical companies during its acquisition of

another major pharmaceutical company on restructuring issues including redundancies

within both companies.

• Attended and assisted a leading tobacco company during an inspection in relation to its

employment applications, conducted by the Provincial Labour Directorate and also assisted for

the post investigations actions.

• Assisted in various acquisition transactions of various multinational companies operating

in diversified sectors by preparing due diligence reports and advising on all aspects of

employment issues in relation to such acquisitions.

• Assisted various multi-national companies operating in diversified sectors regarding

business transfer matters.

14


• Advised one the world’s biggest aircraft motor repair and maintenance companies on a

variety of employment issues in Turkey and assisted during its consecutive collective bargaining

processes.

• Advised one of the world’s largest photographic and imaging companies and one of the

world’s largest pharmaceutical companies on the termination of high level executives based

on just cause, conducted investigation in the workplace to collect evidence in order to substantiate

the termination cause and drafted the investigation report accordingly.

• Advised the branch office of one of the world’s largest pharmaceutical companies on its

employment restructuring strategy implemented due to adverse effects of recent changes in

pharmaceutical legislation.

• Advised a globally leading packaging company on a variety of employment issues in

Turkey, including preparation of employment contracts for local employees and internal policies,

reviewed inactive plans and performance improvement procedures, applicable health

and safety measures and effected dismissals.

• Advised a major filtration manufacturer company located in a free zone on types of

employment, pre-employment checks, employee privacy, recruitment processes, work permit

requirements for free zones, health and safety at work, and social security issues.

• Advised a leading real estate company and a major filtration manufacturer company on

strategies to follow for unfair competition claims.

• Advised a major company operating in the chemical sector on all aspects of employer’s

responsibilities to preserve occupational health and safety at work.

• Advised various multinational companies on work permit requirements and social

security rights of expatriates who are assigned to work in Turkey.

• Advised an investment company during the due diligence process regarding union

competence matters and alternative litigation strategies to challenge the union’s competence

as per the newly enacted Unions and Collective Bargaining Agreement Law.

• Advised an investment company during the due diligence process regarding the legitimacy

of outsourced activities of the target company operating in the passenger transportation

sector.

• Advised numerous clients on employment issues relating to coordination and integration

of employees between merging entities, particularly planned necessary transfers and

redundancies and determined compensation packages in relation to redundancies.

15


• Advised a leading insurance company and an energy company on the separation of a

top executive.

• Advised one of the world’s largest banks on employment law issues, in particular

pre-employment checks and data protection and also advised on employee orientation survey.

• Advised a leading company in the energy sector on procedures regarding alcohol and

drug testing on employees.

• Advised a leading computer software company on redundancy procedures due to restructuring.

• Advised a leading pharmaceutical company on strategies which may be pursued not to

cause any pregnancy discrimination due to envisaged termination of employment upon her

maternity leave.

• Advised a leading company in the energy sector on the legal implementations of the

transfer of employees upon spin-off.

• Advised a global media company, operating in around 50 jurisdictions, on the implementation

of new global guidance, to ensure consistency in the management and conduct of

its business units.

• Advised a leading computer software company on application of pension plans under

Turkish Labour Law.

• Advised management of various multinational companies in connection with the termination

of senior executives and employees. We also advised on strategy, negotiating directly

with the executives/employees and ultimately agreeing the terms of separation.

16


CONTENTIOUS

• Represented a major media company in a dispute before the Labour court to challenge

the competency of the trade union to negotiate collective labour agreements and in a dispute

challenging the legitimacy of the strike implemented in the workplace based on good faith

principles.

• Represented various pharmaceutical companies against the claims of former employees

upon their redundancy following large scale restructurings.

• Represented a major company, involved in the investment and management sector of

shop- ping malls, against a claim of a subcontractor’s employee regarding material and immaterial

damages arising from a work accident occurred at the workplace.

• Represented a leading company in aircraft motor repair and maintenance industry against

claims for unfair mass dismissals, in which the employees claimed that they were dismissed

due to their rightful union activities.

• Represented a leading food services company in an employment litigation matter relating

to a claim of an employee arising from share option plans.

• Represented a leading tobacco company before the Labour and Criminal Courts against

the Provincial Labour Directorate for the cancellation of imposed sanctions arising from inspections

conducted with respect to working conditions.

• Represented a leading company active in endoscopy products and photography appliances

against claims of executive managers who were dismissed due to their misconduct

concerning financial matters.

• Represented a leading company in the leisure and hospitality sector against claims of

employees who were dismissed prior to transfer of business by the previous entrepreneur.

• Represented a global leader in food processing and packaging in employment litigation

matters relating to claims of employees arising from incentive schemes.

17


PERIODICALS

The firm provides updates to clients by periodically publishing ‘Legal News Alerts’ which offer legal

updates concerning many areas of law.

For further information about KARADAĞ Law Office please visit www.karadaglaw.com

18


This brochure has been prepared for the clients of KARADAĞ Law Office for information purposes only.

Copyright © 2014 KARADAĞ Law Office. All rights reserved.

Akat Mah. 8. Gazeteciler Sitesi.

+90 (212) 268 22 28 info@karadaglaw.com

Yıldırım Oğuz Göker Sok. No 56

+90 (212) 324 06 64

www.karadaglaw.com

Levent - Beşiktaş / İstanbul

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