What Are Employee Claims? How Can You Protect Your Rights?

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One of the most common issues employees face in their working life is not receiving full compensation for their labor. Often, when an employment contract ends or even during its continuation, the employee may not receive the wages, severance, or other claims they are entitled to. This situation can cause significant financial and emotional loss for the employee.

The Turkish Labor Law provides certain protections to safeguard employees’ rights. In this article, we will examine what employee claims are, under what circumstances they can be demanded, and how you can pursue your rights.

1. What Are Employee Claims?

Employee claims refer to the monetary rights that an employee can demand from their employer. These rights arise from the employment contract or by law, and often become the subject of a lawsuit due to non-payment or underpayment by the employer.

The main types of employee claims include:

• Severance pay

• Notice pay

• Overtime wages

• Annual leave compensation

• National holiday and general holiday pay

• Differences in minimum living allowance

• Wages and bonus claims

2. The Most Common Employee Claims

a) Severance Pay

One of the most well-known employee claims. Employees are entitled to severance pay if they meet certain conditions. Employees who have worked for at least one year and whose termination falls under conditions specified by law are eligible for severance pay. This right serves as a safeguard reflecting the employee’s years of labor.

b) Notice Pay

Employment contracts include notification periods for termination. If the employer terminates the contract without respecting these periods, they are obliged to pay notice pay. Similarly, if the employee leaves without adhering to the notice period without a valid reason, they may owe notice pay to the employer.

c) Overtime Wages

According to Turkish Labor Law, the standard weekly working time is 45 hours. Any work beyond this is considered overtime. Employees are entitled to a 50% premium on overtime wages. However, many employers fail to report overtime in payrolls or pay it partially.

d) Annual Leave Compensation

Employees are entitled to a certain number of annual leave days based on their duration of service. If the employer terminates the employee without allowing them to use their leave, unused leave converts into payment. Employees who did not fully use their leave during their employment can claim this amount upon leaving.

e) National and General Holiday Pay

Employees who work on official holidays are entitled to an extra day’s pay in addition to their regular wages. If the employer fails to make this payment, the employee can file a claim.

3. Ways to Claim Employee Rights

It is not possible to file a lawsuit for employee claims directly. The mandatory mediation process must be initiated first.

• Mediation: The employee and employer meet with a neutral mediator. If an agreement is reached, a protocol is signed and there is no need to file a lawsuit.

• Court process: If mediation fails, the employee can file a lawsuit in the labor court. The court process may take longer and involve more costs, but it ensures legal recovery of the claim.

4. Time Limits in Employee Claims Lawsuits

To avoid losing your rights, attention must be paid to statutory limitation periods:

• Severance and notice pay: 5 years

• Wages, overtime, annual leave, and similar claims: 5 years

These periods begin from the date the employment contract ends. Once the limitation period passes, the employee loses the right to file a claim.

5. Employer Responsibilities and Employee Rights

Employers are required to provide payrolls, attendance records, and other work documents. However, in many cases, employers fail to present complete documents. In such situations, employees can rely on witness testimony to prove their claims.

Employees should keep their own documents safe. Employment records, payrolls, bank statements, and correspondence are crucial evidence in legal proceedings.

6. The Role of a Lawyer in Employee Claims Lawsuits

Employee claims lawsuits require technical knowledge. Accurate calculations, adherence to limitation periods, and proper submission of evidence directly affect the outcome of the case.

Working with a lawyer specialized in labor law prevents employees from losing their rights. Additionally, a lawyer can represent the employee during mediation, increasing the likelihood of a favorable resolution.

Protect Your Rights Without Delay

Employee claims are not just about numbers; they represent the value of an employee’s work and effort. To avoid losing your rights, you should act promptly. Begin with mediation, and if unsuccessful, proceed with a lawsuit.

Expert labor law lawyers can help ensure that your rights are fully recovered. Remember, claiming your employee rights is your legal entitlement, and any delay may result in loss of rights.