What are Employer and Employee Rights in Labor Law?

Workers’ Rights Basic Guarantees for Workers

Right to Fair Wages

One of the most fundamental rights of workers is to be fairly compensated for their labor. The minimum wage in Turkey aims to protect the minimum standard of living of workers. Employers are obliged to pay at least the minimum wage.

Occupational Safety and Healthy Working Environment

Workers have the right to work in a safe and healthy environment. Employers are obliged to take all necessary measures to prevent occupational accidents and protect workers’ health. This includes providing appropriate equipment, regular health checks and safety training.

Working Hours and Leave Rights

Legal working hours are a maximum of 11 hours per day and 45 hours per week. Workers are entitled to paid annual leave, week holidays and public holidays. They are entitled to additional pay in case of overtime work.

Union Membership and Collective Bargaining Rights

Workers have the right to join trade unions and to collective bargaining. This right enables workers to collectively defend their rights and improve their working conditions.

Protection against Discrimination

Labor law protects workers against discrimination on grounds such as gender, race, religion and political opinion. The principle of equal pay for equal work is an important part of this protection.

Right to Severance and Notice Pay

Workers who are dismissed under certain conditions are entitled to severance and notice pay. This provides a safeguard against sudden job losses.

Employer Rights Cornerstones of Business Management

Business Management and Freedom of Decision Making

Employers have the right to manage their businesses in line with their vision. This includes the freedom to make decisions about work organization, production methods and business strategies.

Right to impose disciplinary sanctions

Employers have the right to take disciplinary action against workers who do not comply with workplace rules. This can include sanctions such as warnings, reprimands and, where necessary, dismissal.

Performance Appraisal and the Right to Terminate the Employment Contract

Employers have the right to evaluate workers’ performance and terminate employment contracts when they deem it necessary. However, this right cannot be exercised arbitrarily and must comply with legal procedures.

Protection of Intellectual Property Rights

Employers have the right to protect the intellectual property of their business. This includes things like patents, trade secrets and copyrights.

Right to impose non-competition clauses

Employers can impose non-competition clauses on workers under certain conditions. This can restrict the worker from working in the same sector for a certain period of time after leaving the job.

Balance in Labor Law: Rights and Responsibilities

Importance of Labor Contract

The employment contract forms the basis of the relationship between employer and employee. This contract should clearly specify the rights and responsibilities of both parties.

Compliance with Legal Regulations

Both employers and workers are obliged to comply with legal regulations in labor law. This includes the Labor Law, the Social Security Law and relevant regulations.

Fair and Equal Treatment Principle

Labor law embraces the principle of fair and equal treatment at work. This principle requires both employers and workers to work in mutual respect and understanding.

Resolution of Labor Disputes

Mediation and Conciliation

Alternative resolution methods such as mediation and conciliation are encouraged in labor disputes before resorting to litigation. These methods can provide faster and more economical solutions between the parties.

Labor Courts

There are specially established labor courts for the resolution of labor disputes. These courts are presided over by judges who specialize in labor law-specific matters.

Current Developments and Changing Business World

Remote Working and Flexible Working Models

With the COVID-19 pandemic, remote working and flexible working models have become widespread. These new forms of work necessitate new regulations in labor law.

Digitalization and Labor Law

The rapid transformation of the business world by technology requires new approaches in labor law. Issues such as data privacy, digital rights and the use of artificial intelligence are among the current areas of discussion in labor law. Employer and employee rights in labor law form the basis of a fair and sustainable working environment. Both parties knowing their rights and fulfilling their responsibilities is the key to creating a productive and peaceful work environment. The changing business world and new working models require labor law to be constantly updated and adapted to new conditions. Maintaining the balance between employers and workers is critical for economic growth and social justice. Therefore, it is of utmost importance for both employers and employees to closely follow developments in labor law and to seek professional legal assistance when necessary.