EMPLOYEE; According to Article 2 of the Labor Law no. 4857, a person that is employed under an employment contract is called an employee. Employee is a person that undertakes to work for a definite period of time or on a continuous basis under the employer for a certain amount of payment. Since the employee is the person that has personally undertaken to work under the order and management of the employer, legal entities may never have the capacity of an employee.
EMPLOYER AND EMPLOYER’S REPRESENTATIVE; Employer is a real or legal person who employs an employee for a certain amount of payment according to an employment contract and has the authority to give orders and instructions to the employee. Both real persons and legal persons or communities that are not a legal person may have the capacity of an employer. An employer does not need to own the workplace or manage the workplace in order to have the capacity of an employer. According to Article 2 of the Labor Law, employer’s representative is a person who acts on behalf of the employer and takes part in the management of the workplace and the business.
WORKPLACE;According to Article 2 of the Labor Law, a workplace is a unit where employees are organized together with material or non-material elements for purposes of production of goods or service by the employer. As part of a work organization, a workplace is a whole comprising its attached locations, annexes and equipment.
Causes for terminating the employment contract;
Death of the employee and employer, mutual agreement between the parties, expiration of a definite duration of the contract, discontinuation of the newspaper / publication, sale of the vessel accompanied by the loss of Turkish flag, unenforceability or invalidity of the employment contract, termination.
Monetary consequences of termination of employment contract;
Severance pay, notice pay, compensation for bad faith damages, compensation for unjust termination damages, and other claims.
An employee who believes that their employment contract has been terminated for unjust reasons must file a lawsuit with a Labor Court for determination of invalidity of the termination and for reemployment within 1-month lapse of time from receipt of termination notice. When filing a suit, application fee, decision and judgment fee are collected.