Expert in labor law, Attorney Naile Ülkü Levendoğlu, drew attention to the legal risks employers most frequently encounter in working life during her evaluation for PLASFED Magazine. Evaluating many critical topics, from criminal liabilities arising after workplace accidents to occupational health and safety practices, and from document management to internal audit mechanisms, Levendoğlu emphasized that acting in accordance with legal procedures is of great importance. Stating that legal errors made by employers, often inadvertently, can result in serious costs, Levendoğlu expressed that the way to reduce risks in labor law lies in effective audit processes.
We conducted a comprehensive interview with Attorney Naile Ülkü Levendoğlu, one of the expert names in the field of labor law, under the title "Critical Risks and Criminal Liabilities in Labor Law for Employers." In the interview, we discussed the legal risks employers most frequently encounter, the criminal liabilities arising from workplace accidents, and the critical points that need attention in the field of occupational health and safety. Levendoğlu pointed out that legal errors made by employers, often inadvertently, can result in serious costs for companies. She emphasized, in particular, the importance of occupational health and safety, document management, termination processes, and internal audit mechanisms. Answering our questions for PLASFED Magazine readers, Levendoğlu stated that the way to reduce risks in labor law lies in a strong corporate structure and a regular recording system.
What are the risks that employers most frequently encounter in terms of labor law in Turkey? In which areas are these risks most concentrated?
Actually, being an employer in Turkey is like establishing a kind of balance between constantly changing rules and judicial decisions. The biggest risks are usually hidden in those small details neglected by saying "we'll handle it somehow"; for example, employment contracts being drafted sloppily or job descriptions not being clear can cause everything to turn against the employer in the future. Especially, dismissal processes are a complete minefield; even if the employer is right, it is very likely that they will face re-employment lawsuits and heavy compensation when they act without taking a defense or presenting documents in accordance with the procedure. In addition to this, the incorrect calculation or incomplete payment of severance and notice pay is also one of the frequently encountered dispute topics. On the other hand, overtime and payment practices, as well as occupational health and safety obligations, are also critical risk areas for employers. In fact, considering all these, the essence of the matter is that for an employer who does not establish a solid contractual infrastructure and document every step, a dispute becomes inevitable. In other words, establishing a transparent record order in the kitchen of the business actually becomes your biggest shield against risks.
What are the legal errors that employers often make without realizing it? How do these errors cost the company?
The legal errors that employers make without realizing it, which first come to my mind and are situations we encounter most frequently, can be the incorrect or incomplete documentation of workers' wages and fringe benefits, incomplete payment to the worker, failure to fulfill occupational health and safety obligations, and incomplete payment of workers' wages and social rights. As a result of these and similar errors, legal process costs along with compensation and additional payments emerge as a result of lawsuits filed by workers. Sometimes the employer may also be held responsible for the compensation of damages related to the impairment of the worker's bodily integrity or the violation of personal rights. Furthermore, administrative fines may also come to the agenda. All of these are, of course, serious financial obligations for the employer in large-scale workplaces.
Can you provide information about the criminal liabilities that employers and company executives face after workplace accidents?
Although compensations always come to mind when workplace accidents are mentioned, there is actually a serious criminal dimension to the matter that can extend to imprisonment. When an accident occurs, the process proceeds directly through the Turkish Penal Code and is usually evaluated within the scope of the crimes of negligent homicide or negligent injury. The most critical point here is whether the employer has fulfilled the duty to take measures imposed on them by Law No. 6331; if the accident occurred because measures were not taken, responsibility arises the moment the link between negligence and the result is established. In fact, if measures were not taken by saying "nothing will happen anyway," penalties can become even more severe due to conscious negligence. The most crucial part of the issue is that responsibility does not remain only with the employer on paper; executives who are actually responsible for that task and employer representatives also enter the line of fire in proportion to their authority and negligence. In other words, at the end of the day, the penalty is not given to the title, but to the natural person who does not take that measure or perform the audit. However, even if the authority has been delegated, the employer's audit obligation always remains.
In large-scale companies (structures with tens of thousands of employees), what kind of system should be established to correctly manage labor law processes?
For the effective management of labor law processes in large-scale companies, first of all, the duties and responsibilities of the employer, employer representatives, and other personnel should be clearly defined. In addition, internal audit mechanisms and systems regarding risk management should be established. Along with this, regular reporting should be done. Additionally, especially and primarily, competent experts should be assigned regarding occupational health and safety. In summary, alongside a comprehensive employer organization, an occupational health and safety structure and an internal control and audit mechanism are also important. Of course, in case of a dispute, all these systems must be operated together and in a coordinated manner for its management. All of these make sense when evaluated as a whole and together.
What are the main causes of legal disputes experienced in dismissal processes? What do you suggest for these processes to be conducted fairly and transparently for both the employer and the employee?
The real reason for the disputes in dismissal processes is that the termination process is managed with impulsive decisions and hearsay information instead of a legal framework. Often, abstract reasons such as low performance are used, but when there are no written warnings, concrete data, or defense records to substantiate this, the matter gets stuck in court. Procedural errors, incorrectly calculated compensations, or unrecorded overtime directly put the employer, who has the burden of proof, in an unfair position. The way to make this process fair and transparent for both sides passes through a document-oriented culture; that is, everything from performance interviews to payrolls must be kept regularly, the defense mechanism must be operated honestly, and mediation should be seen not just as a procedure but as a real opportunity for reconciliation. In short, a process that is planned and recorded from start to finish both protects the employer from the burden of compensation and eliminates uncertainty by ensuring that the employee clearly sees their rights.
What are the main reasons that lead to results against employers in mediation and litigation processes?
Actually, the biggest reason why the needle turns against the employer in mediation and litigation processes is that labor law, by its nature, protects the worker and the burden of proof is on the employer. Employers often see mediation only as a formal obstacle that needs to be overcome and miss a great opportunity by involving unauthorized representatives in the process. Along with this, the lack of documentation during the trial phase also causes the process to always work against the employer. The lack of signed payrolls, properly kept timecards, or leave forms leaves the employer completely defenseless; especially if payments were made by hand instead of via bank or if the reason for termination was not supported by concrete evidence, the court looks directly at witness statements, which usually means a disadvantage for the employer. When you add improperly taken defenses, incorrect exit codes, or missed legal deadlines to this, it becomes inevitable to fall into an unfair position even when you are right. In short, not taking the mediation table seriously and not proceeding with written evidence at every step are the fundamental errors that lead these processes to end in a costly way for the employer.
What new obligations have the regulations made in the field of labor law in recent years brought for employers?
In recent years, for employers, there has been an increase in occupational health and safety measures in particular. Even if it is not foreseen in the legislation, employers are obliged to take occupational health and safety measures required by scientific and technological developments. In addition, regulations have been made regarding the obligation to employ disabled and ex-convict personnel for employers who employ a certain number of workers. Along with this, significant new obligations have been brought in areas such as fulfilling social security obligations, the notification obligation of employers employing foreigners, or the timely making of insured notifications and compliance with audits. We see that administrative fines and legal sanctions are applied to employers in case of failure to fulfill these obligations.
What are the three basic steps that an employer who wants to minimize labor law risks must implement?
If we look at this question within the framework of legislation and Court of Cassation decisions, first of all, the employer must conduct a risk assessment to prevent risks. Secondly, they must determine and implement appropriate measures against the identified risks. Furthermore, as the final item, if they inform and train the employees and give appropriate instructions regarding occupational health, we can say that the employer will be close to minimizing risks in terms of labor law.
Is only the company held responsible in a workplace accident, or do board members and senior executives also fall under liability individually?
Actually, one of the biggest misconceptions is the thought that when a workplace accident occurs, the responsibility will remain only with the legal entity of the company; however, due to the principle of personality of penalties in criminal law, sanctions such as imprisonment are directed only at real persons, that is, executives. Of course, this does not mean "I am a board member, so I am definitely responsible"; responsibility is determined by looking at who has which authority and what they actually failed to do, rather than the title. Companies usually delegate occupational safety responsibility to certain executives or representatives, but it is essential that this delegation does not remain on paper; the person assigned must be truly competent and must be provided with the necessary budget and authority. If the accident arises from a general organizational failure of the company or from the top management's failure to perform the necessary audits, the responsibility can turn and return all the way back to the highest-level executives. In other words, at the end of the day, the judiciary seeks answers to the questions "Who had the authority to take this measure, did they have the opportunity, and why didn't they take it?" and personalizes the fault.
Finally, what would be your most critical advice to employers and senior executives regarding labor law?
It is of critical importance for employers and senior executives to act in accordance with labor law legislation, to organize working conditions in accordance with the Labor Law, to comply with legal procedures when making changes to working conditions, to take occupational health and safety measures completely, and to ensure compliance with audits. Otherwise, both legal responsibilities may arise and employers and executives may face serious sanctions.
This content has been translated using artificial intelligence technology.