Antalya Employment Lawyer

What do we do in this field?

In labor law, the pre-litigation mandatory mediation stage and short forfeiture periods require the process to be structured correctly from the very beginning. If the deadline for applying for reinstatement against a termination notice is missed, the loss of rights is certain.

Our office evaluates payroll, timekeeping, and witness evidence together to fully calculate receivables, and effectively represents its clients in mediation meetings and during litigation.

Main Labor Law Disputes We Handle

On the employee side; we handle reinstatement in unfair termination, severance and notice pay, overtime, annual leave, national holiday–general holiday and weekly holiday receivables, mobbing-related compensation, and service determination lawsuits. On the employer side, we provide representation services in structuring termination processes in compliance with the law, defense and warning processes, preparing releases and contracts, and mediation meetings. We have explained the conditions for entitlement to severance pay in detail in this guide.

The outcome of labor lawsuits is often determined by documents: payrolls, timekeeping and entry-exit records, correspondence, and witness testimonies. To fully determine receivable items, the file is pre-analyzed from the perspective of an accounting expert.

Mandatory Mediation and Litigation Process

In most employee-employer disputes, applying to a mediator is mandatory before filing a lawsuit; for reinstatement requests, this application must be made within one month from the notification of the termination notice. Proper structuring of the amounts put forward in negotiations and the agreement text directly affects subsequent litigation rights; therefore, participating in the process with a lawyer is an important safeguard.

If an agreement cannot be reached, a lawsuit is filed in the labor court along with the final record. During the trial, witnesses are heard, expert calculations are obtained, and an appeal (istinaf) against the decision is possible. For finalized receivables, the collection stage is initiated through enforcement proceedings.

Employee and Employer Disputes in Antalya

In Antalya's tourism-heavy economy, seasonal work, fixed-term contracts, bonus and gratuity practices, and intensive period overtime frequently lead to disputes. Understanding the working arrangements in the hotel, restaurant, construction, and agriculture sectors; enables the formulation of correct strategies for many items, from service determination to overtime calculation. With an office in Fabrikalar, we regularly handle employment disputes in Kepez and the surrounding industrial zone. For Antalya labor law attorney support, let's evaluate your situation with your documents in an initial consultation.

On the Employer Side: Structuring Termination Correctly

The aim in employer representation is to establish a legally compliant process before a dispute arises: obtaining written defense in performance and absenteeism terminations, ensuring the completeness of the record and warning chain, and clearly and justifiably writing the termination notice significantly reduce the risk of reinstatement. If the reasonable benefit criterion is not observed in ikale (termination by mutual agreement) negotiations and the release is not properly prepared, the signed documents may be deemed invalid in the future. Notification obligations in collective redundancies, the risk of sham transactions in sub-employer relationships, and the limits of non-compete agreements are also within the scope of our employer consultancy. Regular contract and personnel file audits constitute the employer's strongest set of evidence in a potential lawsuit.

Common Mistakes in Practice

The most common mistakes on the employee side are: signing a release without reading it, not stating the true reason for termination in the resignation letter, participating in mediation meetings without calculation, and filing a lawsuit without identifying witnesses. On the employer side, termination without obtaining a defense, absenteeism procedures without records, and payroll structures contradicting SGK notifications are reasons for losing lawsuits. The golden rule for both parties is the same: establish proper documentation before a dispute arises.

Frequently Asked Questions

Who can file a reinstatement lawsuit?

An employee working under an indefinite-term contract in a workplace employing at least thirty or more workers and having at least six months of seniority may request reinstatement in the event of termination without a valid reason; the process begins with a mediation application.

Can an employee who resigns receive severance pay?

As a rule, no; however, in cases such as health reasons, the employer's conduct contrary to morality and good faith, military service, or retirement, an employee who terminates the employment contract for a just cause is entitled to severance pay.

How is overtime proven?

Primarily with written records; if there are no records, proof is possible with all kinds of evidence, including witness testimony. Signed payrolls and releases, however, are evaluated separately according to their content.