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Labor Law

 
21Ekim2025

Constitutional Court: Requirement for Joint Participation of Principal and Subcontractor Employers in Mediation on Reinstatement Violates the Principle of Proportionality

The Adana 6th Labour Court applied to the Constitutional Court, requesting the annulment of Article 3, paragraph fifteen, of the Labour Courts Law No. 7036 dated October 12, 2017, which provides that:

"In cases where a principal–subcontractor relationship exists, if an application for mediation is filed for reinstatement, both employers must participate in the mediation sessions together, and their declarations of intent must be consistent for a settlement to be reached."

Yazar Ümit Kır, Kategori Labor Law

16Eylül2025

Policies and Objectives for Employees and Employers in the Medium-Term Program

The 2026–2028 Medium-Term Program (MTP), published in the 1st Duplicate Official Gazette dated September 7, 2025 and numbered 33010, is the main strategic document that outlines Türkiye's macroeconomic policy framework for the next three years. The program sets out in detail the macroeconomic targets for the 2026–2028 period as well as the policies to be pursued in economic and social fields.

This study explains the objectives and planned regulations in the MTP regarding labor relations, employment, and industrial relations.

Yazar Ümit Kır, Kategori Labor Law

04Ağustos2025

Amendment to the Regulation on Lines of Business

An amendment has been made to the Regulation on Lines of Business, which governs the scope of work falling under various sectors, an essential element in union organization within the framework of collective labor relations.

The list of lines of business is included in Annex-1 of the Regulation; the jobs covered under each line of business are determined in accordance with international norms and standards concerning the classification of economic activities.

Yazar Ümit Kır, Kategori Labor Law

28Temmuz2025

Supreme Court 9th Civil Chamber: Pandemic Unpaid Leaves May Be Included in Severance Calculation to a Limited Extent

A divergence emerged among the decisions of the regional courts of appeal concerning whether the period an employee spent on unpaid leave during the COVID-19 pandemic should be included in the calculation of the service period that forms the basis for annual paid leave and severance pay. As a result of this disagreement, the matter was brought before the High Court (Supreme Court of Appeals).

In its ruling dated 29.05.2025, numbered 2025/3201 E. and 2024/1108 K., the 9th Civil Chamber of the Supreme Court held that, in determining the periods that serve as the basis for annual paid leave and severance pay, the time an employee spent on unpaid leave during the pandemic under the scope of provisional Article 10/2 added to Law No. 4857 should be taken into account, provided that it does not exceed the duration formed by adding six weeks to the statutory notice period. Any period exceeding this limit shall not be included in the calculation of the service period.

Yazar Ümit Kır, Kategori Labor Law

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