Employment & Benefits, Gün + Partners updates

Turkey

Contributed by Gün + Partners
Constitutionality of 5% interest rate payment rule under Press Labour Law
  • Turkey
  • 11 December 2019

The Constitutional Court recently found that the requirement for employers to pay interest at a rate of 5% for each day that a journalist's overtime payments remain outstanding conflicts with the Constitution. The court ruled that this requirement places an excessive burden on employers and may result in journalists' unjustified enrichment. Therefore, the court repealed the provision on the grounds that it breached the principles of proportionality and equality.

Survival of parties' will for penalty clauses in employment contracts
  • Turkey
  • 13 November 2019

The Supreme Court General Assembly on the Unification of Judgments recently concluded that penalty clauses agreed for the unjust termination of a fixed-term employment contract before its end date are valid and enforceable even if the contract is deemed to be of an indefinite nature due to a lack of objective conditions required by law to conclude fixed-term contracts.

Mandatory mediation in labour disputes – an overview
  • Turkey
  • 10 July 2019

Applying for mediation was recently made a prerequisite when filing a lawsuit concerning monetary claims by employees or employers arising out of employment contracts, collective labour agreements or reinstatement claims. Mandatory mediation was introduced to accelerate legal proceedings and lower the costs in employment disputes.

Supreme Court rules inappropriately worded emails are valid reason for termination
  • Turkey
  • 06 March 2019

The Supreme Court recently found that the failure of employees to use appropriate language in their written workplace correspondence with superiors or colleagues constitutes a valid reason for termination. The court held that although the actions of the employee in question had not been serious enough to constitute just cause for termination and deprive him of his termination benefits, the employer could not be expected to continue the employment relationship.

Changes to minimum wage, severance payments and administrative fines
  • Turkey
  • 13 February 2019

Minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised at the beginning of each calendar year. The minimum wage rate was recently increased to TL2,558.40 (gross) and the maximum severance payment was increased to TL6,017.60 (gross). In addition, the rate of administrative fines was increased by 23.73% compared with 2018.


Current search