Business Law

In business life, problems can arise between the employer and the employee that make continued collaboration impossible. Labor Law 22/92 protects the rights of both employers and employees in cases of a justified dismissal. According to article 15 of the Labor Law, the annulment of the employment contract by the employer must be served in writing. Thus, an employee, when he or she is laid off, must have an understanding of the reason for such action.

While the compensation that can be demanded by the employee upon the cessation of employment varies depending on the circumstances of dismissal, the main types of compensatory relief available are as follows:

Severance notice payment
Compensation for unjust termination
Compensation for overtime
Compensation for vacation days
Compensation for legal holidays
Compensation for annual leave

Our team, comprised of attorneys specializing in individual and collective labor law, as well as occupational health and safety, provide legal consulting services to our wide array of clients in sectors ranging from private corporations to NGOs. Main types of services we provide in the field include:

Study and modification of employment contracts covering limited or unlimited timeframes
Legal support during the process of obtaining residential and work permits for foreigners in Northern Cyprus
Evaluation of employment contracts for specific or unspecified periods
Legal consulting services regarding the social security rights of our clients
Services encompassing the unfair termination of employment contracts; arbitration services thereof and the facilitation of court proceedings where needed
Termination of employment based on just cause
The protection of rights and compensation of employees in cases of unjust termination

In addition to the aforementioned services, we also house a team specializing in compensation cases resulting from occupational accidents, which involve injury or death of employee(s) during the execution of work or related actions. In case of a work-related accident, the employer or the persons who are responsible for the accident, or those who have failed to take the required precautions to avoid such accidents, are obliged to pay the associated compensation to the employee or descendants of the employee who, in the case of his or her demise, will be deprived of the support provided by the employee. Gürkan & Gürkan Advocates and Legal Advisers provides legal consulting services to the individuals who sustained work related accidents, and their loved ones, for the highest possible compensatory relief, while also presenting the related facts to the court in the best possible manner. We provide support to ensure the proper collection and filing of health reports, income tables, social security payments, allowance payments, as well as expenses of the spouses and children of our injured clients. With the proper preparation and management, our team has obtained very significant sums of compensation for many of our past clients.

FREQUENTLY ASKED QUESTIONS

If the employee leaves the job without prior notice, can the employer claim compensation from the employee? If the employee leaves the job without prior notice, the employer can claim notice pay from the employee. It is legally possible for the employer to claim compensation from the employee for the period of notification if the termination of the job is not based on justifiable reasons.
What can be done to an employee who is absent without an excuse? If the employee is absent from work for three consecutive working days or for five working days in a year or three working days after a holiday without obtaining permission from the employer or without any justifiable reason...
Can the employer file lawsuit against me if I leave without waiting for the notice period? Yes. The party not complying with the notice requirement shall be obliged to pay compensation (notice pay) in relation to the notice period. However, in the case of certain conditions specified under the Labour Law, the employee and the employer are given the right to terminate the employment period without waiting for such notice periods.
I want to quit my job. How should I proceed? First, the employee must inform the employer in writing and provide a reason, and from this date onwards, they must continue to work in accordance with the notification...
What is the extent of occupational accident lawsuits? In cases of occupational accidents, the injured party has the right to file a lawsuit for any unjust act or contract violation. The damaged party is granted freedom to the extent to which they can file a lawsuit. However, if it is decided to pay compensation for a wrongful act, the damaged party cannot file another lawsuit for a contract violation.
What is the legal responsibility of the employer for occupational safety? The employer is obliged to take the necessary measures to ensure the health and safety of the workers working in the workplace and to provide the necessary conditions, tools and equipment and to prevent any reasonably foreseeable cause of injury by any machinery.
How can I reside or work in Cyprus? A 3-month tourist visa is issued when you enter TRNC. It is possible for you to obtain a residence permit with an immovable property you have bought or rented...
Can the relatives of a person, who died as a result of an occupational accident, file a suit? Relatives of the person, who has lost his or her life in an occupational accident, can file a suit within the one-year period following the accident. The estate of the deceased person can also file a suit for the death or the damages suffered as a result of the death.

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PUBLICATIONS

Medical Malpractice cases and compensation in Northern Cyprus

The legal system that gives victims the right to open a case in certain medical errors is called medical malpractice. Medical malpractice occurs when a health care professional or provider neglects to provide appropriate treatment, omits to take an appropriate action, or gives substandard treatment that causes harm, injury, or death to a patient.

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Business Law