Employment Law Cases and Mandatory Mediation Process
Proof of Overtime and Wage Claims in Employment Law Cases
Applying to a mediator before filing a lawsuit is a legal requirement for claims arising from employment law, such as annual leave, overtime, weekend holidays, and compensation. Agreements reached at the mediation table are considered documents with the force of a court judgment and definitively end the dispute. AV. Latif Cem Baran Law Consultancy supports its clients with a strategic perspective provided through https://www.latifcembaran.com/hizmetler/is-hukuku to prevent loss of rights during mediation negotiations. If an agreement cannot be reached, the lawsuit process officially begins with the final report prepared.
Workplace Accident and Occupational Disease Liability in Employment Law Cases
The exceeding of working hours and the non-payment for work on official holidays are among the most complex topics based on technical proof in litigation. While the burden of proof for overtime work lies with the employee, the burden of proof for the payment of these works rests with the employer. Unsigned payrolls, timekeeping records, workplace entry-exit documents, and witness statements directly affect the course of the lawsuit. According to the decisions of the Court of Cassation, in cases where there is no written documentation, it is essential to apply a certain percentage of equitable reduction to overtime claims calculated based on witness statements. Accidents occurring in the workplace or occupational diseases arising from the nature of the work are evaluated within the scope of the employer's duty to take occupational health and safety measures. The injured worker, or in case of death, their relatives, have the right to claim material and moral compensation. Details such as the determination of fault percentages, the deduction of benefits paid by the Social Security Institution (SGK), and the determination of the degree of disability form the basis of the lawsuit. The establishment of justice in working life is possible not only by rectifying past grievances but also by promoting safe working conditions in the future.
