COMPARATIVE GUIDE
20 March 2025

Labour and Employment Comparative Guide

Labour and Employment Comparative Guide for the jurisdiction of Turkey, check out our comparative guides section to compare across multiple countries
Turkey Employment and HR

1 Legal framework

1.1 Are there statutory sources of labour and employment law?

The legal sources of labour law primarily include:

  • the Constitution;
  • laws;
  • international agreements;
  • presidential decrees;
  • regulations; and
  • regulatory actions.

According to the Turkish legal system, for international agreements to have legally binding effect, they must first be ratified by law. Consequently, international treaties (agreements) have the force of law. Examples include:

  • International Labour Convention 26 on the Establishment of Methods for Minimum Wage Fixing;
  • the European Social Security Convention;
  • the Supplementary Agreement on the Implementation of the European Social Security Convention;
  • International Labour Convention 2 on Unemployment; and
  • International Labour Convention 42 on Compensation for Occupational Diseases.

In terms of national legislation, key laws governing labour relations include:

  • the Labour Law (4857);
  • the Occupational Health and Safety Law (6331);
  • the Press Labour Law (5953);
  • the Maritime Labour Law (854);
  • the Private Education Institutions Law (5580);
  • the International Workforce Law (6735);
  • the Labour Courts Law (7036); and
  • the Trade Unions and Collective Bargaining Agreement Law (6356).

Additionally, specific regulations are issued to provide further details on the provisions outlined in these laws.

While all these sources constitute binding legal frameworks, case law and legal doctrines developed based on judicial rulings serve as non-binding sources of law. These interpretations contribute to the evolution of legal principles and provide guidance in the application of labour law.

1.2 Is there a contractual system that operates in parallel, or in addition to, the statutory sources?

Parties are free to enter into contracts at any time, provided that their agreements do not violate mandatory legal rules. For instance, an employment contract, in which one party (the employee) undertakes to perform work in a subordinate relationship while the other party (the employer) agrees to pay wages, can be validly established in accordance with the law.

When drafting an employment contract, it is crucial to distinguish between mandatory and supplementary legal provisions. Under Turkish labour law, mandatory rules are more prevalent, primarily designed to protect employees. Since these rules are imposed by law in favour of the employee, it is not possible to include contractual provisions that contradict them. Any agreement in violation of a mandatory rule may be subject to legal sanctions, such as nullity or the adaptation of the clause to comply with the law.

However, where the law provides for supplementary provisions, parties are free to determine contract terms based on their mutual will. In such cases, contractual arrangements may replace or modify the default legal provisions, allowing for greater flexibility in employment relationships.

1.3 Are employment contracts commonly used at all levels? If so, what types of contracts are used and how are they created? Must they be in writing must they include specific information? Are implied clauses allowed?

As a general rule, employment contracts are not subject to any formal requirements. However, the duration of the contract often determines its form. In other words, employment contracts with a term of one year or longer must be concluded in writing.

Apart from this general rule, specific types of employment contracts must be executed in written form, such as:

  • fixed-term employment contracts;
  • employment contracts with a probationary period;
  • on-call work contracts; and
  • remote work contracts.

The requirement for a written contract is particularly crucial in cases of disputes, as it serves as legal evidence of the employment relationship between the parties. Compliance with these formal requirements ensures clarity and legal protection for both employees and employers.

In addition to the formal requirements, different types of employment contracts exist depending on the nature of the employment relationship. The types of contracts that are subject to the written form requirement, as mentioned above, vary according to the specific nature of the work to be performed.

For instance, in cases where the employment relationship is not bound by a specific period, an indefinite-term contract is used. They are applied when the work is tied to an objective condition, such as:

  • the completion of a specific task; or
  • the occurrence of a particular event.

Similarly, in sectors such as technical maintenance, repair, food and beverages, and entertainment, where the employee is required to work only when their services are needed, a call-based work contract should be established. The terms of the contract should be structured accordingly to reflect this arrangement.

These variations in employment contract types highlight the flexibility within Turkish labour law to accommodate the diverse needs and circumstances of different work environments.

2 Employment rights and representations

2.1 What, if any, are the rights to parental leave, at either a national or local level?

Although not yet ratified by Turkey, International Labour Organization (ILO) Convention 183 on the Protection of Maternity and ILO Convention 156 concerning Employees with Family Responsibilities is highly significant in terms of improving the working conditions of female employees, particularly during pregnancy and maternity.

In addition, ILO Convention 175 provides regulations on the right to transition to part-time work for parents, which is particularly relevant in the context of parental leave.

Furthermore, several international documents exemplify the global efforts regarding parental leave, particularly in the European Union, including:

  • United Nations documents;
  • the European Social Charter;
  • EU Directive 86/613/EEC;
  • Eu Directive 92/85/EEC;
  • EU Directive 2010/18/EU; and
  • the (Revised) Framework Agreement on Parental Leave.

These documents highlight the ongoing international initiatives at the EU level to establish and regulate parental leave rights and work-life balance for parents.

The concept of parental leave was introduced through amendments to Article 13 of the Labour Law – specifically the addition of paragraphs 5 and 6. With this legal change, parents working full time are now granted the opportunity to transition to part-time work until their child reaches a certain age. To support this, the Maternity and Parental Leave Regulation was issued on 8 November 2016.

2.2 How long does it last and what benefits are given during this time?

According to Turkish labour law, parents have the right to request part-time work until the beginning of the school year following the commencement of compulsory primary education. This request must be accepted by the employer and cannot be considered a valid reason for termination of employment.

Utilising maternity and parental leave has various effects on an employee's salary rights. Specifically, for employees who transition to part-time work while on parental leave, their salary and monetary benefits will be paid in proportion to the amount of time worked. This means that:

  • employees who take part-time parental leave are entitled to receive compensation based on the actual working hours; and
  • the amount of their salary or benefits is adjusted accordingly.

This approach ensures that employees are compensated fairly for the time they actually spend working during the leave period.

2.3 Are trade unions recognised and what rights do they have?

Under Turkish law, trade unions are considered private legal entities, similar to companies. Trade unions have the freedom of establishment, meaning that they do not require any permission or approval to be established. However, trade unions can only be established by employees and employers; while students, housewives and retirees are not permitted to form trade unions.

According to the Labour Code, trade unions are formed to protect and promote the common economic and social rights and interests of employees or employers, in line with the provisions of the Labour Code and other relevant regulations. In practice, employees can utilise the collective bargaining agreements created within their unions to claim rights from employers that go beyond what is stipulated in the legal framework. These agreements often address issues such as the premium rates for overtime and vacation rights, which employees can request from their employers.

Members of trade unions – whether employees or employers – are entitled to participate in:

  • union activities;
  • the general assembly; and
  • management.

They have the right to:

  • express opinions;
  • access social facilities provided by the union; and
  • enjoy other services.

Moreover, in the context of equal treatment, members have the right to demand equal access to union rights and benefits without any discrimination.

This legal framework ensures that trade unions play a significant role in the protection of employees' and employers' rights within the workplace, fostering solidarity and collective bargaining.

2.4 How are data protection rules applied in the workforce and how does this affect employees' privacy rights?

An employer is obliged to:

  • use information obtained about employees in accordance with the principles of honesty and legal compliance; and
  • not disclose any information that the employee has a legitimate interest in keeping confidential.

The Personal Data Protection Law requires explicit consent for the collection, processing and transmission of personal data. In this context, the employer:

  • should not share the data with third parties without the employee's explicit consent; and
  • must store the obtained information without any subjective evaluation, in an unconditional manner.

Moreover, under Article 10 of the Personal Data Protection Law, the employer must inform employees or job candidates about:

  • the identity of the data controller and, if applicable, its representative;
  • the purpose for processing the personal data;
  • to whom and for what purpose the data may be transferred; and
  • the method and legal basis for data collection.

In foreign-invested companies, if foreign partners have access to the company's database, these foreign countries must be notified and explicit consent must be obtained from individuals. The Personal Data Protection Law also requires an evaluation of the countries to which the data will be transferred. If there is insufficient protection in the relevant country:

  • the data controllers both in Turkey and in the foreign country must provide a written commitment to ensure data security; and
  • approval from the Personal Data Protection Authority is required.

The employer, under its obligation to protect the employee, must:

  • take all necessary measures regarding personal data; and
  • collect, process, transmit and protect such data in accordance with legal purposes and the law.

2.5 Are contingent worker arrangements specifically regulated?

According to Article 7 of the Labour Law, the conditions under which temporary employment relationships can be established are listed as follows:

  • pregnancy and the partial employment of parents (as part of maternity and parental leave provisions);
  • military service obligations of the employee;
  • seasonal agricultural work;
  • domestic services;
  • jobs that are not part of the daily operations of the business but are performed intermittently;
  • urgent tasks relating to occupational health and safety;
  • unforeseen events that require temporary employment, such as emergency situations or other force majeure circumstances; or
  • a temporary and unforeseen increase in the business's average production capacity for goods or services.

Temporary employment relationships can also be established through an employment agency or within the same group of companies (eg, within a holding company or another workplace belonging to the same corporate group).

However, the law also prohibits the establishment of temporary employment relationships in certain situations. For example, an employer who hires a temporary worker cannot employ an employee whose employment contract has been terminated in the six months after the termination date. This restriction is based on the principle that:

  • the employer's permanent workforce should be responsible for the ongoing operations of the business; and
  • temporary employment relationships should be limited to specific, short-term needs.

This regulation aims to ensure that temporary employment is used for truly temporary and unpredictable needs:

  • maintaining the stability of the workforce; and
  • preventing the misuse of temporary contracts for tasks that should be performed by permanent employees.

3 Employment benefits

3.1 Is there a national minimum wage that must be adhered to?

The minimum wage is determined periodically by the Minimum Wage Determination Commission, which consists of 15 members, including five representatives each from workers, employers and the government, as required by law. In Turkey, according to the Minimum Wage Determination Commission Decision published in Official Gazette 32765 dated 27 December 2024, the minimum wage to be implemented as of 1 January 2025 has been set at:

  • a gross amount of TRY 26,005.50; and
  • a net amount of TRY 22,104.67.

Where employers fail to comply with this regulation, various administrative fines may be imposed by the Social Security Institution.

3.2 Is there an entitlement to payment for overtime?

Overall, working hours exceeding 45 hours per week are considered overtime work. 'Extended working hours', on the other hand, refers to cases where the weekly working hours are contractually set below 45 hours –any work exceeding this agreed duration but remaining within the 45-hour limit falls under this category.

The wage for each hour of overtime is calculated by increasing the regular hourly wage by 50%. In case of extended working hours, the wage for each additional hour is calculated with a 25% increase on the regular hourly wage.

Additionally, night shifts exceeding 7.5 hours constitute overtime work. Therefore, for every hour exceeding 7.5 hours during night shifts, the worker is entitled to a wage increase of 50% compared to the regular hourly rate. Furthermore, these wage rates may be increased through collective bargaining agreements or mutual employment contracts.

3.3 Is there an entitlement to annual leave? If so, what is the minimum that employees are entitled to receive?

An employee becomes entitled to annual paid leave upon completing one year of service from the date of employment, including the probation period. Within the scope of annual paid leave entitlement, public holidays, national holidays and other periods specified in the Labour Law are counted as part of the working period. This means that even if an employee does not work on these days, they are still considered to have worked. Additionally, if the required annual working period is interrupted, the worker must compensate for the lost time to fulfil the entitlement conditions.

Employees who gain the right to annual paid leave upon completing each year of service may use this leave within the following service year. Moreover, with mutual consent, they may use unearned annual leave in advance, provided that it is deducted from the leave entitlement of the following working year; or they may carry it over to the next period.

According to the Labour Law:

  • employees with a service period of between one and five years (inclusive) are entitled to at least 14 days of annual leave;
  • employees with more than five years but less than 15 years of service are entitled to at least 20 days of annual leave; and
  • employees with 15 years (inclusive) or more of service are entitled to at least 26 days of annual leave.

3.4 Is there a requirement to provide sick leave? If so, what is the minimum that employees are entitled to receive?

The Labour Law provides for two types of leave: paid and unpaid. Among the paid leave entitlements, sick leave allows employees to rest without suffering a loss of income during periods of illness. Employers provide temporary incapacity benefits to employees who need to take leave due to health issues. To receive payment during sick leave, an employee must obtain a medical report for an illness caused by an accident at work or for any other health condition. Additionally, female employees can obtain a medical report for:

  • the final stages of pregnancy; or
  • the eight-week period following childbirth.

Furthermore, employees must have at least 90 days of Social Security Institution (SGK) premium payments within the last year to qualify for sick leave benefits. However, this requirement does not apply to work-related accidents. Employers must pay sick leave benefits to employees who meet these conditions. On the other hand, in cases of unpaid sick leave or insufficient SGK premium payments, employers are not obliged to pay salaries during the leave period.

The duration of sick leave depends on the nature of the health condition. Employees undergoing outpatient treatment can take up to 10 days of leave. However, upon medical re-evaluation, this period may be extended up to 20 days. Employers will accept sick leave requests exceeding 20 days only if approved by a medical board. In this case, an employee may be entitled to up to six months of board-certified sick leave from the start of treatment.

3.5 Is there a statutory retirement age? If so, what is it?

The answer to this question varies depending on whether individuals retired before or after the enactment of the Labour Law. In Turkey, social security reforms have led to different legal regulations for individuals who have reached a certain age but cannot benefit from retirement rights because they have not yet fulfilled the age requirement, which is one of the conditions for retirement.

However, in general terms, individuals become eligible for retirement and an old-age pension once they have:

  • reached the age of 58 for women and 60 for men; and
  • had at least 9,000 days of disability, old-age and survivors' insurance premium payments.

4 Discrimination and harassment

4.1 What actions are classified as unlawfully discriminatory?

The principle of equality is normatively regulated under the Labour Law. According to Article 5 of the Labour Law, no discrimination based on language, race, gender, political opinion, philosophical belief, religion, sect or similar reasons is permitted in an employment relationship. However, exceptions are made in cases where biological factors or the nature of the job necessitate differentiation.

In other words, unless biological factors or the nature of the job require otherwise, an employer cannot directly or indirectly discriminate against an employee in the establishment, terms or termination of an employment contract based on gender or pregnancy.

Similarly, Article 25 of the Collective Bargaining Agreement Law prohibits conditioning an employee's hiring on:

  • membership or non-membership of a particular union;
  • continued membership of a specific union; or
  • withdrawal from or joining of any union.

4.2 Are there specified groups or classifications entitled to protection?

The principle of equality may, in certain circumstances, require affirmative action to reduce or eliminate conditions that cause or perpetuate discrimination. The aim here is to provide individuals in unequal situations with equal opportunities and facilities, thereby reducing the barriers that they face.

Discriminatory treatment, actions and procedures related to issues such as maternity leave, breastfeeding leave and termination of employment due to childbirth constitute gender-based discrimination against women. Paragraph 23 of EU Directive 2006/54/EC also states that adverse treatment relating to pregnancy or maternity constitutes direct discrimination based on gender. In other words, affirmative action concerning pregnancy and maternity for women is legally encouraged.

4.3 What protections are employed against discrimination in the workforce?

The employer's obligation to treat employees equally and the prohibition of discrimination are guaranteed by various legal frameworks, including:

  • the Constitution;
  • the Labour Code;
  • the Penal Code; and
  • international conventions.

In particular, the Law on the Turkish Human Rights and Equality Institution, which came into force in 2016, includes provisions regarding equality in employment. At the European level, the prohibition of discrimination is enshrined in key instruments such as:

  • the European Convention on Human Rights (1950);
  • the European Social Charter (1961);
  • the Revised European Social Charter (1996);
  • the European Convention on the Legal Status of Children Born Out of Wedlock (1975);
  • the European Charter for Regional or Minority Languages (1992); and
  • the Framework Convention for the Protection of National Minorities (1995).

In EU law, the prohibition of discrimination is addressed primarily through the Treaty establishing the European Economic Community and other treaties, as well as directives. In EU law, the prohibition of discrimination is not only seen as a human right but also deemed essential for free competition and a fair functioning common market. This economic aspect has often taken precedence in:

  • EU treaties;
  • EU directives; and
  • rulings of the Court of Justice of the European Union.

Furthermore, the prohibition of discrimination and its applications are frequently encountered in both the European Convention on Human Rights and EU directives.

4.4 How is a discrimination claim processed?

If an employer fails to fulfil its obligation to treat employees equally, an employee has the right to terminate the employment contract for just cause according to the Labour Code, depending on the specific circumstances of the case. When the employer acts in violation of the obligation to treat employees equally, this often results in a breach of the obligation to apply working conditions. This gives the employee the right to terminate the contract for just cause. However, before termination, the employee may notify the employer about the discrimination that they have faced in the workplace. Subsequently, the employer is expected to:

  • investigate the matter thoroughly and effectively;
  • grant employees the right to speak on the allegations of discrimination;
  • collect defences; and
  • take action to immediately stop any discriminatory actions.

If the discrimination is not resolved by the employer or another employee and the employee decides to leave, there is no requirement to adhere to the notice period or submit a resignation notice. This is because the termination is considered justified. Furthermore, the employee may claim any compensation as stipulated by applicable laws.

4.5 What remedies are available?

In the case of a violation of the obligation to treat employees equally and the prohibition of discrimination, administrative fines are imposed individually for each employee who has been subjected to such treatment. According to Article 25 ("Administrative Sanctions") of the Law on the Turkish Human Rights and Equality Institution, from 1 January 2025 these administrative fines range from TRY 13,588 to TRY 27,209. Additionally, the employee may claim:

  • discrimination compensation of up to four months' wages; and
  • any rights that they have been deprived of.

If the employee presents strong evidence of such discrimination, the burden of proof falls on the employer to demonstrate that no discrimination occurred in court.

4.6 What protections and remedies are available against harassment, bullying and retaliation/victimisation?

One of the consequences of an employer's legal obligation to protect and supervise the employee is the duty to protect employees from harassment. Psychological harassment and sexual harassment fall within this scope. Psychological harassment is commonly referred to as 'mobbing'. In case of harassment, bullying or retaliation/victimisation, an employee has the right to terminate the employment contract immediately for just cause. This applies not only to harassment by the employer but also to harassment by other employees or clients. Depending on the circumstances, the employee may claim either material or moral compensation. In such cases, the individual may file separate lawsuits to prevent, eliminate and identify the harassment.

Under the Civil Code and the Penal Code, sexual harassment constitutes a criminal offence. Moreover, if the harassment is committed by a person working in the same workplace, it is considered an aggravated offence.

5 Dismissals and terminations

5.1 Must a valid reason be given to lawfully terminate an employment contract?

To terminate an employment contract:

  • there must be a valid reason; and
  • at the very least, the reason should be of a significant nature, even if not necessarily just cause.

In workplaces with 30 or more employees, an employer terminating an indefinite-term employment contract of an employee with at least six months' seniority must rely on a valid reason, either:

  • related to the employee's performance or behaviour; or
  • arising from the needs of the business, the workplace or the job itself.

However, the following circumstances cannot be considered as valid reasons for termination:

  • participation in union activities outside of working hours or during working hours with the employer's consent;
  • the holding of a union representation position in the workplace;
  • the commencement of action against the employer before administrative or judicial authorities to follow up on rights arising from the law or a contract, or participation in related ongoing legal processes;
  • race, colour, gender, marital status, family responsibilities, pregnancy, childbirth, religion, political views or similar factors;
  • failure to show up for work during periods when the employment of female workers is prohibited; and
  • temporary absenteeism from work due to illness or accidents during the legally stipulated waiting period.

5.2 Is a minimum notice period required?

A notice period generally applies to indefinite-term employment contracts. Before terminating an indefinite-term employment contract, the other party must be notified of the situation. The notice periods are as follows:

  • For employees who have worked for less than six months, the contract is considered terminated two weeks after notice is given to the other party.
  • For employees who have worked for between six months and one and a half years, the contract is considered terminated four weeks after notice is given to the other party.
  • For employees who have worked for between one and a half years and three years, the contract is considered terminated six weeks after notice is given to the other party.
  • For employees who have worked for more than three years, the contract is considered terminated eight weeks after notice is given to the other party.

These periods are minimum requirements and can be extended through contractual agreements.

5.3 What rights do employees have when arguing unfair dismissal?

If an employee's employment contract is unfairly terminated, they have the right to claim not only other employment-related entitlements but also, if the conditions are met:

  • reinstatement;
  • compensation for the period of time they were left without work;
  • compensation for non-reinstatement, if applicable; and
  • severance and notice pay.

Similarly, if the employee has terminated the contract without just cause, the employer has the right to claim notice compensation.

5.4 What rights, if any, are there to statutory severance pay?

In the case of termination of the employment contract by the employer with valid or no valid reason, or if the employee terminates the contract for just cause, the employee may be entitled to severance pay, provided that the following conditions are met:

  • The employee has at least one year of seniority at the workplace as of the date the employment contract ends; and
  • The employment contract has not been terminated by the employer for just cause.

Two key factors are important when calculating the severance pay:

  • the employee's gross wage; and
  • the employee's length of service with the employer.

Severance pay will be calculated based on the employee's last received gross wage. According to the law, an employee is entitled to 30 days' worth of wages for each year of service. Therefore, the gross wage and seniority of the employee are critical to this calculation. In addition to the basic salary, continuous payments such as meals, transportation, bonuses and similar allowances are taken into account when calculating the severance pay.

6 Employment tribunals

6.1 How are employment-related complaints dealt with?

Turkish labour law applies the principle of 'interpretation in favour of the employee' – that is, in disputed cases, the courts interpret the facts in favour of the employee. The employer must prove its claims with written evidence. As a rule, the employee can also prove their claims with witness evidence.

The burden of proof usually rests with the employer. However, the employee must prove their claims in relation to issues such as mobbing. The employer, on the other hand, must prove all kinds of payment claims with written evidence. In other words, the employer cannot prove that an employee has been paid their wages through witness evidence.

For example, an employee must prove that they were overworked and can submit all kinds of evidence to this end. However, the employer must prove the payment of overtime wages with written evidence.

Claims in a service determination case can be filed in cases where the employee is not insured or the insurance premiums are underpaid and will be investigated by the court ex officio. In such cases, the court will collect evidence ex officio and calls witnesses from the Social Security Institution to the hearing.

In other types of lawsuits, such as debt claims and reinstatement lawsuits, the adversarial system prevails.

6.2 What are the procedures and timeframes for employment-related tribunals actions?

In labour receivables and re-employment cases, an application for mediation before filing a lawsuit is a mandatory prerequisite for litigation. In reinstatement lawsuits, mediation must be initiated within one month of the date of termination. If no agreement is reached during the mediation process, a lawsuit must be filed within two weeks of the date on which the final minutes of the mediation were issued. These periods are forfeiture periods and the court will examine ex officio whether they have been complied with.

There are no legal provisions that stipulate how long it takes for lawsuits to conclude. Depending on the workload of the courts, the local court stage typically takes 1.5 to two years. Once the local court has issued a decision, if it can be appealed and if one of the parties chooses to appeal, the case will be reviewed by the Court of Appeal.

Appeal is available for re-employment cases. However, in debt cases, the decision can be appealed only if the case value exceeds the appeal threshold. The appeal threshold is revised annually and is set at TRY 40,000 for 2025. The duration of the appeal process cannot be determined with certainty, but it generally takes between six months and one year.

In re-employment cases, decisions of the Court of Appeal are final. However, in debt cases, a further appeal may be possible depending on the case value. The appeal threshold is adjusted annually and is set at TRY 544,472.797 for 2025.

7 Trends and predictions

7.1 How would you describe the current employment landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

Turkey has comparatively long working hours. Although the standard working time is 45 hours per week, in practice, working hours often exceed 60–65 hours per week.

Additionally, employers that do not obtain professional consultancy services often make errors in technical calculations, such as in relation to overtime pay and national holiday and general holiday pay, and thus frequently underpay their employees. This not only deprives employees of their rightful earnings but also entitles them to terminate their employment contract for just cause.

The Labour Law requires employees' wet signatures in relation to matters such as:

  • annual leave usage;
  • fundamental changes in working conditions; and
  • payroll approval.

However, in companies with a large number of employees, obtaining each employee's signature can be challenging, leading to the adoption of digital solutions. Nevertheless, courts do not accept digital solutions and instead require employees' wet signatures on documents. For this reason, it is crucial that documents related to matters requiring written proof be signed with the employee's wet signature.

In 2025, changes to the Labour Law are expected to increase maternity leave. The aim is to boost the declining birth rate in the country. Additionally, legal amendments are anticipated regarding the remote working model, which became widespread during the COVID-19 pandemic but lacks a sufficient legal framework.

8 Tips and traps

8.1 What are your top tips for navigating the employment regime and what potential sticking points would you highlight?

All parties involved in the employment regime must be aware of the law. They should maintain the employment relationship by:

  • understanding their rights and obligations; and
  • acting in accordance with the legal regulations

The biggest issues in employment relationships arise from the incorrect application of the law. For instance, it is common for employers to attempt to compensate for excessively demanding working conditions, which are contrary to legal regulations, by offering higher wages compared to market standards. However, despite receiving higher salaries, employees often find it difficult to endure such harsh conditions for long periods and eventually terminate their employment contracts.

Additionally, employees who are made to work under unlawful conditions are entitled to terminate their contracts for just cause, which places an obligation on the employer to pay compensation. Similarly, some employers fail to satisfy their occupational health and safety obligations in an effort to reduce costs. In the event of a workplace accident, they may be required to pay significantly higher compensation. In such cases, employees suffer both physically and financially.

For an employment relationship to continue in a healthy manner, it is crucial that both parties act in accordance with their legal obligations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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