Legal Insights

Insights

We write about the questions we hear most often, in language anyone can follow. Tap a title to read the full article.

The first thing a dismissed employee should know is that most of their rights are bound to deadlines. The day you receive the termination notice is not just the end of a job — it is the start of a series of legal clocks.

An employee with at least one year of service whose contract is terminated by the employer without just cause is entitled to severance pay, calculated as thirty days of gross "dressed" wages for each full year. Where the notice period is not observed, notice pay also arises; that period ranges from two to eight weeks depending on seniority.

In workplaces employing thirty or more people, an employee with at least six months of service who believes the dismissal lacked a valid reason may pursue a reinstatement claim. The critical point is the deadline: application to a mediator is mandatory within one month of the termination notice. This period is preclusive — miss it, and the reinstatement route closes.

Overtime, annual leave and public holiday entitlements also become claimable upon termination. Keeping payslips, shift schedules and workplace correspondence is vital for proof. For unemployment benefit, remember that application to İŞKUR must be made within thirty days of termination.

In short: be careful with release-type documents when signing the termination notice, gather your records, and consult a lawyer before the deadlines run. A significant share of lost employment cases are simply late ones.

This article is for general information purposes only and does not constitute legal advice.

In residential leases, the increase rate cannot exceed the twelve-month average of the consumer price index for the previous lease year — no matter what the contract says. A higher contractual rate is invalid to the extent it exceeds this cap, and the tenant can reclaim any excess paid.

Is the landlord left without remedy? The law strikes a balance here: once five years of the lease have passed, either party may bring a rent assessment claim to have the rent redetermined at market rate. The court weighs comparable rents, the property's location and characteristics, sets the new figure, and applies an equity discount.

Notifying the tenant of the increase in writing matters both for the new rent to take effect and for any future claim. Serving that notice at least thirty days before the new lease year is a precondition for the assessed rent to apply in that period.

Eviction is a separate question: a disagreement over the increase is not, by itself, a ground for eviction. Unless one of the narrowly listed statutory grounds exists — the landlord's need, reconstruction, two justified warnings — the tenant cannot be evicted. For both sides, the healthiest route is written, procedurally proper communication before the process begins.

This article is for general information purposes only and does not constitute legal advice.

Technically, forming a company takes a few days; forming it well means laying the foundation of a partnership that will last years. Our experience shows the five points skipped at formation become the biggest generators of future disputes.

First, entity choice. The limited company looks attractive for its easy formation and low capital threshold; but because share transfers require notarisation and general assembly approval, a joint-stock company may suit ventures planning to raise investment. Second, the articles of association. Rather than settling for boilerplate, voting rights, profit distribution and the managers' authority limits should be tailored.

Third, the capital commitment. The payment schedule for committed capital is bound to statutory deadlines; unpaid capital is the first crisis between partners. Fourth, tax and social security registrations. Miss the post-formation filing calendar, and the company meets its first penalty in its first month.

Fifth — and most important: the shareholders' agreement. Separate from the articles, this document governs the partners' obligations to one another, exit scenarios, non-compete terms and deadlock resolution. It is the partnership's true constitution: signed on a good day, remembered on a bad one — and once the bad day arrives, it can no longer be signed.

This article is for general information purposes only and does not constitute legal advice.

Losing a loved one leaves families with a legal process alongside the emotional one. A few calm steps in the first weeks prevent many problems in the months that follow.

The first task is obtaining the certificate of inheritance. Available from a notary or the civil court of peace, it officially establishes who the heirs are and what their shares are. Every bank, land registry and vehicle transaction starts with this document.

The second heading is establishing the estate: the deceased's debts are as much a part of the inheritance as the assets. Transactions made without researching loans, guarantees and tax debts can leave an heir facing unexpected liabilities. Where the estate is insolvent, renunciation of the inheritance is possible — but the deadline is three months from learning of heirship, and it is preclusive.

On the tax side, the inheritance and transfer tax declaration is filed within four months of death. Land registry and bank transfers proceed with the certificate of inheritance and the participation — or power of attorney — of all heirs. If no agreement can be reached on division, a partition action comes into play; our experience, though, is that healthy communication built in the first thirty days turns most families back from the courthouse door.

This article is for general information purposes only and does not constitute legal advice.

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