Türkiye | Moroğlu Arseven
Employment law firm Türkiye
Employment Law Overview Türkiye
Starting a business in Türkiye
Introduction
First of all, it should be noted that Turkish Employment Law has a very wide framework. In this sense, it can be said that it has some special resources that are not found in other legal disciplines and the hierarchy among the resources has some different characteristics. In fact, in Turkish Law, social and economic rights related to working life and labor law are primarily regulated by the Constitution of the Turkish Republic (the “Constitution”). Moreover, the rules of the Constitution concerning employment law do not only consist of social and economic rights. Provisions regarding individual rights and freedoms (such as principle of equality, personal immunity, prohibition of drudgery, protection of private life, freedom of communication, freedom of thought and opinion) are also related to working life.
In addition to this, the rules regarding the employee-employer relationship are regulated both in the Turkish Code of Obligations numbered 6098 (“Turkish Code of Obligations”) and the Employment Law numbered 4857 (“Employment Law”). The primary and simplest reason for the regulation of the aforementioned rules in the Turkish Code of Obligations, as well as the Employment Law, is that the relationship between the employee and the employer regulates a debtor-creditor relationship. Apart from these, other basic regulations regarding employment law are regulated by other laws such as Trade Unions and Collective Labour Agreements Act numbered 6356, Occupational Health and Safety Law Act numbered 6331, and the Labor Courts Law Act numbered 7036. Practical measures for implementation are possessed through regulations, legislations, notices, and Presidential Decrees. On the other hand, while Judicial opinions and international agreements are also among the main sources of employment law, employment agreements, internal regulations, and workplace practices can be named as private sources.
Key Points
- In Turkish Law, it is obligatory to apply to a mediator before filing a lawsuit concerning employee and employer disputes. Mediation is a legal remedy that must be completed as a pre-condition. If the parties cannot reach an agreement during mediation proceedings, then they will have the right to file a lawsuit.
- The working conditions arising out of the employment agreement, internal regulations, or workplace practices, may be changed only if the employees are notified in written form before the change. Employees of the company should be notified in writing and asked to respond within 6 business days, whether or not they object to the changes. If an employee rejects the changes or does not provide a written approval, such change cannot be applied to the related employee.
- Parties to the employment agreement may agree upon a trial period in order to evaluate each other. However, trial periods cannot be longer than two months as per Article 15 of theEmployment Law. On the other hand, trial period can be increased up to four months concerning collective labour agreements.
- As per Article 41 of the Employment Law, overtime is defined as the time which exceeds 45 hours per week, under the circ*mstances stipulated under the law. However, concerning white-collar employees, it can be agreed under the employment agreement that the wages for overtime of up to 270 hours in one year are included in the employee’s salary. In other words, the employee would not be entitled to any overtime payment concerning overtime works which do not exceed the annual 270-hour limit. For any hour exceeding this limit, the employer is obliged to make overtime payments to the employee.
- In order not to face the administrative, legal, and penal responsibilities, the rules set out in Occupational Health and Safety Law Act numbered 6331 and the Occupational Health and Safety Services Regulation must be followed.
Our member firm
Moroğlu Arseven
Türkiye
Abdi İpekçi Caddesi 19-1 Nişantaşı
34367 İstanbul
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Contact person
Burcu Tuzcu Ersin, LL.M.
Partner
Moroğlu Arseven
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People of Moroğlu Arseven, Türkiye
Burcu Tuzcu Ersin, LL.M.
Moroğlu Arseven | Türkiye
Memberships
- Istanbul Bar Association (2003)
- Turkish Patent and Trademark Office, Patent Attorney (2002)
- Turkish Patent and Trademark Office, Trademark Attorney (2002)
Education
- MACS, Master in Anti-Corruption Studies, International Anti-Corruption Academy (ongoing)
- LL.M. Business Law, Istanbul Bilgi University, Faculty of Law (2006)
- LL.B. Law, Ankara University, Faculty of Law (2001)
Certificates
- Compliance Technology Seminar, IACA (2018)
- International Anti-Corruption Academy (Summer Academy, Anti-Corruption) (2016)
- Mitchell Hamline School of Law – Università di Roma La Sapienza – ADR Center (Certificate, Advanced Negotiation and Mediation in International Business Transactions) (2006)
Awards
- Legal 500 EMEA – Leading Individual 2022
- Ranked in Chambers and Partners – Europe 2023
- Recognised in Who’s Who Legal (WWL)
Publications
- The Legal 500 Employment Guide 2022 – Turkey Chapter
- Global Investigation Review 2021: Blowing the Whistle in Turkey: A Policy Analysis in Light of the New EU Whistleblower Directive
- GIR – The Practitioner’s Guide to Global Investigations – Seventh Edition – Turkey Chapter
- Chambers and Partners Fintech Trends and Developments in Turkey 2022
- Data Guidance Data Protection Overview’s Turkey section 2022
- Thomson Reuters – Financial Crimes in Turkey – Overview
- Thomson Reuters – Business Crimes in Turkey – Overview
- Chambers and Partners TMT 2022 Guide – Law and Practice: Turkey Chapter
- Contributed to Anti-Corruption Toolkit for Small and Medium Sized Companies, G20 – B20 Anti-corruption Task Force, 2015
Moroğlu Arseven
Burcu Tuzcu Ersin, LL.M.
Partner
- Phone
- +90 212 377 4750
- btuzcu@morogluarseven.com
- Address
- Abdi İpekçi Cad. 19-1 Nişantaşı Şişli
İstanbul
Türkiye
+90 212 377 4750
https://www.morogluarseven.com/
- Languages
- English, Turkish
get in touch
Having been advising on all major aspects of business law from the start of her career, Burcu is equipped with the necessary skills to support her clients in compliance matters which require thorough investigation, application of rough negotiation techniques and conflict resolution capabilities. Her in-depth experience with transactional work in mergers and acquisitions, large-scale corporate structuring projects and day-to-day advice in corporate law, employment law, foreign investment and corporate governance issues allowed her to step into a wider spectrum of compliance and dispute resolution matters.
Burcu’s employment law work focuses on supporting clients with both transactional or project-based matters, as well as day-to-day advice and dispute resolution work. She supports clients for both transactional needs in corporate structuring or business transfer cases where employment relations are being transferred among entities, as well as in their routine employment needs. For instance, policy and procedure building, hiring and firing procedures, as well as employment disputes.
She has built a strong reputation for advising on employment matters which intersect with other practices, such as anti-corruption, employee misconduct, fraud, whistleblowing allegations, corporate governance, data protection and privacy. She also has broad experience advising on employment considerations within M&A processes and post-integration phases in entities upon corporate structuring transactions.
Burcu has significant experience advising multinational clients in Turkey to localise and implement global anti-corruption policy documents, gift policies, as well as related employment practices. She also supports clients in data protection and privacy matters that relate to human resources practices and applications within organisations.
Her specialities in terms of employment law include:
- A high number of strategic joint ventures and acquisitions (buy-side and sell-side), including strategic guidance for employment issues involved.
- Employment considerations within investments, including transaction and entity structuring for individual and institutional tax efficiency.
- Corporate governance and employment arrangements for key individuals.
- Outsourcing alternatives.
- Data protection, privacy and employee monitoring.
- Localization of employment arrangements for international clients.
- Whistleblowing compliance and reporting obligations for employers.
- Corporate restructuring.Termination procedures and severance packages.
- Outsourcing alternatives.
- Employee risk assessments in daily business and transactional work.
- Anti-corruption issues.
- Immigration, including related government and business processes for transferring foreign employees.
She is also a regular attendee to the conferences and industry events. Some recent contributions and events include:
- International Bar Association’s 2019 Annual Employment and Diversity Law Conference in Paris, where she took part as the seminar speaker
- International Bar Association’s 2019 Annual Conference in Seoul
- International Bar Association’s 2016 Annual Employment and Diversity Law Conference, she took part as the seminar speaker
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İpek Ünlü Tık
Moroğlu Arseven | Türkiye
Memberships
- Istanbul Bar Association (2001)
Education
- LL.B. Law, Istanbul University, Faculty of Law (1999)
Awards
- Legal 500 EMEA, Next Generation Partner-2022
Publications
Moroğlu Arseven
İpek Ünlü Tık
Partner
- Phone
- +90 212 377 4717
- iunlu@morogluarseven.com
- Address
- Abdi İpekçi Cad. 19-1 Nişantaşı Şişli
34367
İstanbul
Türkiye
+90 212 377 4700
https://www.morogluarseven.com/
- Languages
- English, Turkish
get in touch
İpek coordinates the firm’s day-to-day employment support. She is a specialist in all aspects of employment and social security legal issues, along with related disputes and industrial relations. İpek offers end-to-end support, assisting clients through the full lifecycle of employment relationships, from hiring, contracting, as well as preparing day-to-day documents and supporting communication processes, through to terminations, mediation or court processes.
İpek’s combined experience in day-to-day issues, corporate transactions, corporate governance, director liabilities, regulatory compliance, data protection, and anti-corruption issues mean she offers comprehensive advice during complex situations. Her broad experience means she can support in an uninterrupted manner, with a wide focus. A practitioner with this level of specialized employment-related expertise is uncommon in Turkey. İpek’s close involvement with clients enables her to identify potential employment-related risks and red-flags before issues arise, as well as suggest methods to address these.
Practices :
- Employment and Labor
- Employment Disputes
- Investigations
- Professional Negligence
- Business Crimes
- Anti-Bribery and Anti-Corruption
- Sale and Lease Agreements
- Commercial Arbitration and Mediation
- Corporate and Commercial Litigation
- Insurance Litigation
- Insolvency and Restructuring
- Administrative Procedures and Actions
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