Employment & Labor Lawyer in Gaziantep

Worker rights, severance, reinstatement, workplace accidents, and foreign worker representation in Gaziantep.

Employment claims in Gaziantep are heard before labor courts. Severance, notice pay, reinstatement, and overtime claims generally require mandatory mediation before a lawsuit. Limitation and forfeiture periods should be checked early.

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Areas of Practice

Severance (Kıdem)

Severance eligibility, calculation basis, mediation, lawsuit, and collection steps after termination, including foreign worker cases.

Reinstatement

Wrongful termination defense, reinstatement to position, and compensation claims under Turkish Labor Law (Kanun No. 4857).

Workplace Accidents

Work accident and occupational disease files, including SGK procedures, fault review, and compensation claims.

Unpaid Wages

Recovery of unpaid salary, overtime, holiday pay, and bonus through labor court and execution proceedings.

Mobbing / Harassment

Workplace psychological harassment claims, evidence gathering, and compensation lawsuits.

Foreign Worker Rights

Work permit compliance, deportation risks for unauthorized work, and bilateral social security agreements.

Employment Case Process in Gaziantep

Mandatory Mediation

Employee receivables and reinstatement claims generally require mediation before filing a lawsuit.

Lawsuit Filing

If no agreement is reached, claims and evidence are submitted before the labor court.

Expert Review and Witnesses

Working period, wage, termination, overtime, and payments are reviewed through records, expert reports, and witnesses.

Decision and Collection

Awarded receivables may be collected through enforcement, and appeal options are reviewed where necessary.

Useful Documents

Identity document or passport
Employment contract and SGK service records
Payroll slips and bank payment records
Termination notice, warning letters, and exit documents
Overtime, shift, attendance, message, and witness information where relevant

Typical Timing

Mandatory mediation

Usually concludes within the statutory mediation period.

Labor court lawsuit

Timing depends on expert review, witness stages, evidence scope, and court workload.

Employment Law Services in Gaziantep

Severance Pay Claims

Severance pay may arise when the employee has at least one year of service and the employment ends under legally recognized grounds. Calculation is based on gross wage and certain continuous benefits, subject to file-specific review.

Eligibility based on termination reason, service period, and legal exceptions.
Gross wage basis, including continuous benefits such as meals, transport, bonuses, or premiums where applicable.
Combining uninterrupted service periods under the same employer where legally supported.
Limitation, interest, and written settlement issues.

Workplace Accidents and Occupational Diseases

Work accident and occupational disease files may involve SGK notifications, temporary or permanent incapacity, treatment costs, fault assessment, and material or moral compensation claims.

Material compensation for income loss, treatment, care, and support loss where applicable.
Moral compensation assessment for bodily or psychological harm.
Fault ratio review through expert reports.
SGK recourse and occupational disease assessment issues.

Reinstatement Claims

Employees under job security may challenge invalid termination. The process starts with mandatory mediation within the legal period and may continue before the labor court if no agreement is reached.

Job security conditions such as workplace size, seniority, and indefinite-term contract.
Mediation application after termination notice within the legal period.
Reinstatement, non-reinstatement compensation, and idle-time wage consequences where conditions are met.

Just Cause Termination

The Labor Law gives both employees and employers immediate termination rights in specific cases. The reason, timing, evidence, and notification language affect severance and notice pay outcomes.

Employee-side grounds such as unpaid wages, health risks, mobbing, or violation of working conditions.
Employer-side grounds such as absenteeism, theft, insult, or serious misconduct where proven.
Short forfeiture periods may apply after learning the reason.
Compensation consequences depend on who terminated and why.

Mobbing and Psychological Harassment

Mobbing requires systematic and continuous conduct aimed at intimidation or forcing the employee out. Evidence often includes messages, emails, witness statements, health records, and workplace documents.

Systematic and repeated conduct rather than a single isolated disagreement.
Evidence collection through written records, witnesses, and medical documentation.
Possible just cause termination, material compensation, and moral compensation claims.

Overtime, Notice Pay, and Annual Leave

Overtime, weekly rest, public holiday work, notice pay, and unused annual leave require review of payroll, attendance, shift, and witness evidence. Time limits and signed payroll records should be assessed carefully.

Weekly working time and overtime evidence.
Notice periods and notice pay according to seniority.
Unused annual leave payment when employment ends.
Wage, premium, bonus, and other receivable claims.

SGK Service Determination and Unregistered Work

Employees who were not fully reported to SGK may need a service determination lawsuit. Evidence may include witnesses, bank records, workplace documents, payroll, messages, or other proof of work.

Determination of unreported working periods and real wage issues.
Effect on retirement and social security rights.
Evidence planning is central because the employee generally carries the burden of proof.

Work Permits & Illegal Work Risks

Work Permit Applications (Law No. 6735)

Under the International Labor Force Law (Law No. 6735), foreign nationals cannot legally work in Turkey without a valid work permit. It is crucial to understand that the application for a work permit must be submitted by the employer, not the employee. The employer applies to the Ministry of Labor and Social Security.

Risks of Unregistered (Illegal) Work

Working without a valid work permit (kaçak çalışma) may create administrative fines, removal or deportation risk, and entry-ban consequences depending on the case. Employers may also face administrative fines for unregistered foreign employees. Even if the work was unauthorized, unpaid wage, severance, or work accident claims may still require labor-law review.

Frequently Asked Questions

How is severance pay calculated in Turkey?+

Severance is generally calculated over 30 days of gross wage for each full year of service, subject to the statutory ceiling and eligibility conditions. Continuous benefits may affect the calculation base.

Can foreign workers without work permits claim labor rights?+

Labor receivable and work accident claims may still be asserted, but work permit violations can create separate administrative and deportation risks. The labor and migration consequences should be reviewed together.

How long do I have to file a labor claim?+

Many wage and severance receivables are subject to a 5-year limitation period. Reinstatement requires mediation within 1 month from termination notice; if no agreement is reached, the lawsuit period is short.

What if my employer denies firing me?+

Termination, wage, and working conditions can be assessed through SGK records, payroll, bank payments, notices, messages, and witness statements. The burden of proof depends on the claim.

Is mediation required before a labor lawsuit?+

For most employee receivable and reinstatement claims, mandatory mediation is a lawsuit condition. If no settlement is reached, the final mediation record is used before the labor court.

Do you assist Syrian and other foreign workers in Gaziantep?+

Yes. Turkish, Syrian, and other foreign worker files can be reviewed in Turkish, English, or Arabic, including work permit, wage, accident, and termination issues.

Initial Request Triage

For wage, severance, workplace accident, reinstatement, mediation, or work permit-related employment issues, send a brief WhatsApp message so the file scope can be reviewed.

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