Turkey, Gün + Partners updates

Employment & Benefits

Contributed by Gün + Partners
Supreme Court rules inappropriately worded emails are valid reason for termination
  • Turkey
  • 06 March 2019

The Supreme Court recently found that the failure of employees to use appropriate language in their written workplace correspondence with superiors or colleagues constitutes a valid reason for termination. The court held that although the actions of the employee in question had not been serious enough to constitute just cause for termination and deprive him of his termination benefits, the employer could not be expected to continue the employment relationship.

Changes to minimum wage, severance payments and administrative fines
  • Turkey
  • 13 February 2019

Minimum wage, severance payments and administrative fines prescribed by the Labour Act are revised at the beginning of each calendar year. The minimum wage rate was recently increased to TL2,558.40 (gross) and the maximum severance payment was increased to TL6,017.60 (gross). In addition, the rate of administrative fines was increased by 23.73% compared with 2018.

Effects of recently published presidential executive decree on salaries in or indexed to foreign currency
  • Turkey
  • 21 November 2018

The recently published Presidential Executive Decree 85 amended Decree 32 on the Protection of the Turkish Currency. In the field of employment law, it is unclear whether foreign nationals fall within the scope of the decree and how their salaries will be paid going forward. Since the decree uses the term 'Turkish residents', the general understanding is that it also applies to foreign employees, as they must have a residential address in Turkey in order to have a work permit.

Supreme Court rules on calculation of overtime pay
  • Turkey
  • 26 September 2018

The Supreme Court recently issued a number of decisions setting out how to calculate overtime pay and how employees can prove any overtime owed when required. Among other things, the decisions state that signed payslips can be used as material evidence. Further, where an employee has not signed a payslip and overtime payments have been made via bank transfer, the employee must prove that they worked the disputed overtime with documentary evidence.

Supreme Court rules that borrowing money from customer is just cause for termination
  • Turkey
  • 27 June 2018

The Supreme Court recently issued a decision concerning an employee's dismissal for borrowing money from their employer's customer. The Supreme Court reversed the first-instance labour court decision and ruled that the termination was lawful based on the fact that the employee had acted against the rule of integrity and honesty and damaged the employer's reputation.


Litigation

Contributed by Gün + Partners
Constitutional Court annuls provision on imprisonment for opposition to interim injunctions
  • Turkey
  • 26 March 2019

Parties that failed to comply with an interim injunction or that violated an injunction previously faced one to six months' imprisonment. However, the Constitutional Court recently annulled this provision due to its lack of clear regulation and legal remedies. The changes will enter into force nine months after their publication in the Official Gazette and are final and binding on legislative, executive and judicial bodies, administrative authorities and real and legal entities.

Supreme Court view on adapting contracts due to fluctuation in currency exchange rates
  • Turkey
  • 04 September 2018

Turkey has recently faced higher currency exchange rates, which has raised the question of whether this increase constitutes a change in circumstances that affects the fulfilment of contractual obligations. As there is no settled Supreme Court precedent regarding whether a fluctuation in currency exchange rates requires the adaptation of contracts, first-instance courts will need to examine the circumstances of each case.

Constitutional Court issues decision on reasonable time requirement in criminal proceedings
  • Turkey
  • 22 May 2018

Since 2012, individuals in Turkey have been able to make individual complaint applications to the Constitutional Court claiming that the state has violated their fundamental constitutional rights (or rights under the European Human Rights Convention) through its acts or omissions. One of the most common claims is that the state has violated an individual's right to a fair trial by failing to meet the reasonable time requirement and concluding criminal cases over long periods, in some cases more than 10 years.

Commercial cases worth less than TL100,000 now subject to simplified procedure
  • Turkey
  • 24 April 2018

Under Turkish law, there are two types of procedure in civil proceedings. Written procedure is the main and most common type, whereas the simple procedure, as the name suggests, is a simplified and expedited process. Following recent amendments, commercial cases worth less than TL100,000 are now subject to the simplified procedure in order to shorten the length of proceedings.

Preliminary injunction procedure
  • Turkey
  • 10 April 2018

Preliminary injunctions in Turkey are regulated under the Code of Civil Procedure. A preliminary injunction can be requested from the competent court that has jurisdiction over a case prior to filing or the court before which a case is filed. Applicants must determine the grounds for making such a request in addition to the nature of the preliminary injunction being sought. They must also prove their claim to convince the court that the merits of the case are legitimate.


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