{"id":17934,"date":"2023-08-18T17:14:08","date_gmt":"2023-08-18T14:14:08","guid":{"rendered":"https:\/\/tolunayugur.com\/?post_type=cpt_services&p=17934"},"modified":"2023-08-30T17:23:57","modified_gmt":"2023-08-30T14:23:57","slug":"is-ve-sosyal-guvenlik-hukuku","status":"publish","type":"cpt_services","link":"https:\/\/tolunayugur.com\/en\/hizmet\/is-ve-sosyal-guvenlik-hukuku\/","title":{"rendered":"Labor and Social Security Law"},"content":{"rendered":"
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What is Labor and Social Security Law?\n<\/span><\/h2>

Labor and Social Security Law is a branch of law that includes legal regulations regarding labor relations and social security of employees. While labor law regulates the relations between employers and employees, workers' rights, working conditions, job security and the role of labor unions, social security law covers the protection of employees against social risks such as health, retirement and unemployment and their rights in these areas.<\/p>\n<\/div><\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Main Issues of Labor and Social Security Law<\/span><\/h2><\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Labor Law Topics:<\/strong><\/p>

  1. Business arrangement:<\/strong> The agreement made between the employee and the employer that forms the basis of the employment relationship. Elements such as working conditions, wages and working hours are regulated in the employment contract.<\/li>
  2. Working conditions:<\/strong> It determines conditions such as workers' working hours, weekly leave, annual leave, and overtime.<\/li>
  3. Wage and Benefits:<\/strong> It regulates the financial rights of workers such as wages, premiums, bonuses, and fringe rights such as food and service.<\/li>
  4. Occupational health and Safety:<\/strong> It determines the measures to be taken and the responsibilities of the employer to ensure that workers work in a safe and healthy environment.<\/li>
  5. Dismissal and Dismissal Rights:<\/strong> It regulates the conditions under which and how employers can dismiss workers and the rights of workers in cases of dismissal.<\/li>
  6. Labor Courts and Dispute Resolution:<\/strong> Labor courts, which play a role in resolving disputes arising from business relations, include mediation and conciliation methods.<\/li>
  7. Labor Unions and Collective Bargaining Agreements:<\/strong> It regulates the right of workers to form a union, union activities and collective bargaining agreements with employers.<\/li><\/ol>

    Social Security Law Topics:<\/strong><\/p>

    1. Pension and Old Age Insurance:<\/strong> It regulates the retirement right and pension of employees when they reach a certain age or length of service.<\/li>
    2. Health insurance:<\/strong> It determines the health services and financial support that workers will receive when they become ill.<\/li>
    3. Accident and Occupational Diseases Insurance:<\/strong> It includes insurance regulations to cover damages arising from work accidents and occupational diseases.<\/li>
    4. Unemployment insurance:<\/strong> It covers the insurance system designed to provide financial support to unemployed workers and support their job search processes.<\/li>
    5. Family and Child Benefits:<\/strong> It regulates financial aid for workers and families who have children.<\/li>
    6. Disability and Disability Insurance:<\/strong> It regulates the rights and financial support of individuals with permanent or temporary disability.<\/li>
    7. Funeral Aid:<\/strong> It determines the financial aid given to the families of employees in case of their death.<\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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      Legal Consultancy<\/span><\/h2>

      We help clients find the best solution by providing legal consultancy services in disputes regarding Labor and Social Security Law. Thanks to our expertise, past knowledge and experience, we ensure that our clients achieve fair results by protecting their legal rights.<\/p>\n<\/div><\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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      How Does the Process Proceed?<\/span><\/h2><\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      01<\/span>

      Consultation and Situation Analysis<\/span><\/h4><\/div>
      As a first step, we conduct a detailed interview to understand your employment or social security situation.<\/span><\/span><\/span><\/div><\/div><\/div>
      02<\/span>

      Business Law Consultancy<\/span><\/h4><\/div>
      We advise you on issues such as employee or employer rights, working conditions and contracts.<\/span><\/span><\/span><\/div><\/div><\/div>
      03<\/span>

      Social Security Counseling<\/span><\/h4><\/div>
      We guide you on social security benefits, insurance procedures and retirement.<\/span><\/span><\/span><\/div><\/div><\/div>
      04<\/span>

      Business Litigation and Appeals<\/span><\/h4><\/div>
      When necessary, we act on your behalf in processes such as labor lawsuits and social security objections.<\/span><\/span><\/span><\/div><\/div><\/div><\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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      Frequently Asked Questions<\/span><\/h2><\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      \n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\tUnder what circumstances can the employment contract be terminated?<\/a>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t

      The employment contract can be terminated by the employee or employer under certain conditions. The Labor Law regulates in detail the circumstances under which the employee and the employer can terminate the employment contract. Let us briefly mention some situations in which the employment contract may be terminated:<\/p>

      Circumstances of Termination of the Worker's Employment Contract:<\/strong><\/p>

      1. Leaving of Your Own Will and Will:<\/strong> The employee may terminate the employment contract at his own request and without giving any reason. However, in some special cases it may be necessary to comply with exit notification periods.<\/li><\/ol>

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        1. Compelling Reasons:<\/strong> If the employee's working conditions are made by the workplace or the employer in such a way that the employee cannot continue working or is not required to continue working, this may cause the employee to terminate the employment contract due to compelling reasons.<\/li><\/ol>

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          1. Determining whether the Employer Has Failed to Pay Its Serious Debts:<\/strong> Situations where the employer does not pay the employee's wages or other rights may give the employee the right to terminate the employment contract.<\/li><\/ol>

            Circumstances of Termination of the Employment Contract by the Employer:<\/strong><\/p>

            1. Worker's Performance and Behavior:<\/strong> Reasons such as the employee's inadequate performance, failure to comply with the rules or behavior contrary to work discipline may encourage the employer to terminate the employment contract.<\/li><\/ol>

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              1. Challenging Reasons at Work:<\/strong> Reasons such as closing the workplace for economic reasons, not being able to maintain it reasonably, or reorganizing the workplace may lead the employer to terminate the employment contract.<\/li><\/ol>

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                1. Illness and Injury:<\/strong> The employee's inability to do the job due to illness or disability may lead the employer to terminate the employment contract.<\/li><\/ol>

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                  1. Duration of Employment Contract:<\/strong> Fixed-term employment contracts automatically terminate at the end of the contract period.<\/li><\/ol>

                    Apart from those in this list, more specific and detailed reasons may also include situations where the employment contract may be terminated. The Labor Law contains various regulations to protect the rights and responsibilities of both the employee and the employer.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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                    If we briefly outline the steps that a worker who has a work accident should follow:<\/p>

                    1. First Aid and Medical Response:<\/strong> After a work accident, ensure your own safety first and if you need emergency medical help, call 112 or the emergency number designated by your workplace. Help yourself or others.<\/li><\/ol>

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                      1. Informing the Employer:<\/strong> Inform your employer or his\/her official immediately about the work accident. The employer must keep a record of the work accident incident and begin to take the necessary steps.<\/li><\/ol>

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                        1. Work Accident Report:<\/strong> When you have a work accident, you should contact the nearest Occupational Health and Safety Center (ISGM) and obtain a work accident report. A work accident report is an official document containing the details of the accident.<\/li><\/ol>

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                          1. Health Board Report:<\/strong> A worker who is injured or sick as a result of a work accident must apply to a health institution and obtain a medical report about the type and degree of injury or illness suffered as a result of the work accident.<\/li><\/ol>

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                            1. Filling out the Work Accident Notification Form:<\/strong> The worker or employer who had a work accident must fill out the work accident notification form and submit it to the institution where the work accident occurred. The work accident notification form includes the details of the work accident, employee and employer information.<\/li><\/ol>

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                              1. Work Accident Insurance:<\/strong> Employers are required to have work accident insurance to provide protection to workers against work accidents. If the worker needs medical treatment or rehabilitation as a result of a work accident, he must follow the necessary procedures within the scope of work accident insurance.<\/li><\/ol>

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                                1. Treatment and Rehabilitation:<\/strong> If medical treatment or rehabilitation is required after a work accident, initiate and monitor the treatment process in accordance with your doctor's recommendations. The employer must ensure that the employee's health is protected at the highest level.<\/li><\/ol>

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                                  1. Legal Consultancy:<\/strong> You can get legal advice to understand your legal rights and responsibilities after a work accident. It may be useful to get support from a lawyer who specializes in damages and compensation rights resulting from work accidents.<\/li><\/ol>

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                                    1. Storing Reports:<\/strong> The worker who has a work accident must keep all reports and documents related to the work accident. These documents may be required for future claims or legal proceedings.<\/li><\/ol><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t
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                                      The abbreviation "EYT" represents the expression "Those who are stuck in retirement age". EYT is an issue that is on the agenda in our country and is still frequently discussed in public. Those who are too old for retirement refer to people who cannot retire according to their current retirement conditions, even though they have reached a certain age and premium payment period. The EYT regulation refers to a legal change or regulation that aims to provide earlier retirement opportunities to people who are too old to retire. The content of this regulation may vary depending on existing laws and the structure of the social security system. EYT regulation may generally include the following key points:<\/p>

                                      1. Regulation on Retirement Age and Premium Conditions:<\/strong> The EYT regulation aims to offer earlier retirement opportunities to people who are past retirement age by rearranging the retirement age and premium payment conditions.<\/li><\/ol>

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                                        1. Reduction of Premium Period or Gradual Retirement:<\/strong> Under this regulation, the premium payment period required for EYT individuals to retire can be reduced or a gradual retirement system can be created.<\/li><\/ol>

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                                          1. Extra Retirement Benefit:<\/strong> Within the framework of the EYT regulation, people who have not yet reached retirement age may be provided with extra retirement compensation or support if they are able to retire.<\/li><\/ol>

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                                            1. Taking Past Premiums into Account:<\/strong> The EYT regulation may ensure that previously paid premium days and service periods are taken into account more effectively in retirement calculations.<\/li><\/ol>

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                                              1. Protection of Social Security Rights:<\/strong> The EYT regulation may aim to provide earlier retirement opportunities for people who are old enough to retire by protecting their existing social security rights.<\/li><\/ol>

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                                                In order to benefit from the EYT regulation, you can generally follow these steps:<\/p>

                                                1. Tracking Legal Changes:<\/strong> Keep track of whether EYT regulations are made in the country or region you are interested in, and if so, what conditions apply. Such regulations may change frequently, so it is important to keep up to date.<\/li><\/ol>

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                                                  1. Reviewing Premium Period and Retirement Age Conditions:<\/strong> EYT regulation generally includes changes regarding premium period and retirement age. Review the current premium period and retirement age and learn how these conditions may change with the EYT regulation.<\/li><\/ol>

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                                                    1. Contacting the Social Security Institution or Authorized Institution:<\/strong> To benefit from the EYT regulation, contact your social security institution or authorized institution to find out the current information and necessary steps. These institutions will direct your applications regarding the EYT regulation.<\/li><\/ol>

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                                                      1. Preparing Required Documents:<\/strong> If you meet the necessary conditions to benefit from the EYT regulation, prepare the requested documents. These documents can generally be identity documents, documents containing retirement calculations, and premium payment records.<\/li><\/ol>

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                                                        1. Application and Completion of Procedures:<\/strong> Complete your application to the social security institution or authorized institution by completing the necessary documents. How to make this application and the necessary steps will be communicated to you by the institution.<\/li><\/ol>

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                                                          1. Information and Conclusion:<\/strong> You will be informed by the institution as a result of the review and evaluation of your application. You will be notified when your application is approved or rejected.<\/li><\/ol>

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                                                            1. Getting Professional Help:<\/strong> EYT regulation and retirement processes can be complex. Seeking help from a professional legal advisor or retirement expert can help you better understand the process.<\/li><\/ol><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t
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                                                              Severance pay is known as the compensation that the employer must pay to the employee in case the employee's employment contract is terminated. Severance pay conditions are clearly stated in the Labor Law No. 4857. In order for the worker to be entitled to severance pay, he must meet certain conditions listed below:<\/p>

                                                              1. Service Duration:<\/strong> The worker must have worked at the same employer's workplace for at least 1 year (12 months). This period covers service performed under one or more employment contracts.<\/li><\/ol>

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                                                                1. Termination of Employment Contract:<\/strong> The employee's employment contract must be terminated by the employer based on a justified reason. Except for the voluntary resignation of the employee, retirement or death, dismissals made by the employer give rise to the right to severance pay.<\/li><\/ol>

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                                                                  1. Justified Termination Situation:<\/strong> The employee's employment contract must be terminated by the employer for a justified reason. If the employee exercises his right to justified termination, he may also be entitled to severance pay.<\/li><\/ol>

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                                                                    1. Amount of Severance Pay:<\/strong> The amount of severance pay is determined by the number of years the employee has worked. It is calculated by taking into account the worker's last gross wage and length of service.<\/li><\/ol>

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                                                                      1. Events that took place:<\/strong> Situations such as the employee's right to retirement, termination of the employee's service by the employer, death or disability of the employee may result in the payment of severance pay.<\/li><\/ol>

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                                                                        1. Exceptions:<\/strong> If the employee exercises his\/her right to immediate termination for moral reasons, in case of termination by the employer without justified reasons, or if the employee goes to military service, the right to severance pay may arise.<\/li><\/ol><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t
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                                                                          The number of people who are subjected to mobbing at work has been increasing recently. Mobbing or psychological harassment is a situation that occurs through repetitive and constantly damaging behavior with the aim of causing psychological or emotional harm to the victim. We recommend that you follow the steps listed below to prove that you have been subjected to mobbing at work:<\/p>

                                                                          1. Saving Events:<\/strong> Record the incidents where you think you experienced mobbing in a diary or notebook with date, time and details. These records are important in showing that events occur continuously and repeatedly.<\/li><\/ol>

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                                                                            1. Taking Statements of Witnesses:<\/strong> If there are witnesses that you were subjected to mobbing, take their statements. These witnesses can verify situations where mobbing occurred and provide you with support.<\/li><\/ol>

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                                                                              1. Storing Documents and Evidence:<\/strong> Save emails, messages, notes or other written communications. These documents can help prove the existence and methods of mobbing.<\/li><\/ol>

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                                                                                1. Doctor Reports:<\/strong> If your health has been affected by mobbing, get a report from a doctor about your health condition. This report can document your psychological or physical health problems.<\/li><\/ol>

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                                                                                  1. Reviewing Workplace Policies:<\/strong> Review your workplace's policies regarding mobbing or harassment. These policies may indicate what action should be taken against mobbing.<\/li><\/ol>

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                                                                                    1. Union or Consultancy:<\/strong> If you are a union member, seek help from your union or a professional source of legal advice. They can guide you in taking the right steps regarding mobbing.<\/li><\/ol>

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                                                                                      1. Making a Formal Complaint:<\/strong> If the mobbing situation continues or worsens, file a formal complaint with your superiors at work or with human resources. This complaint will bring the problem to the management of the workplace.<\/li><\/ol>

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                                                                                        1. Legal Consultancy:<\/strong> If the situation becomes more complicated or the mobbing continues, you may consider getting legal advice. An attorney can assist you in understanding your rights and options.<\/li><\/ol><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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                                                                                          Our Lawyer Services in the Field of Labor and Social Security Law<\/span><\/h2><\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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