Questions From You

It is a type of alimony that the spouse who has custody of the child is obliged to pay for the care and expenses of the children, against the spouse who is not given custody of the child. This alimony ends when the child gets married and turns 18. However, if the child continues his education after reaching adulthood, the parents are obliged to take care of the child until his education ends, to the extent that can be expected from them according to the situation and conditions.

In case of termination of the employment contract by the employee due to military service (resignation), the right to severance pay can be received provided that the working period is at least 1 year.

A female worker who quits her job by receiving severance pay within one year after marriage can start working again in another workplace.

Conciliation is a new institution in terms of our criminal law and aims to eliminate the victimization arising from crime, speed up the court and reduce the workload of the courthouse. In short, conciliation is an alternative way that enables the parties to reach an agreement without going to courts.

When the conciliation offer form arrives at your address, if you do not inform the mediator who made the offer of your decision within three days, you will be deemed to have rejected the conciliation offer. 

1) The following cannot claim compensation from the persons lawfully captured or detained: b)Those who, although not entitled to compensation, have become eligible to claim compensation due to the law that came into force later and introduced favorable regulations. c)Those against whom it has been decided that there is no need for prosecution or the case has been dropped, or the public case has been temporarily suspended, or the public case has been postponed or dropped, for reasons such as general or special amnesty, withdrawal of complaint, reconciliation. d)Those who were determined not to be punished due to their lack of criminal ability. e)Those who cause their detention or arrest by making false statements before the judicial authorities that they have committed a crime or participated in a crime.

In order to adopt a child together, it is necessary to be legally married. Those who are not married cannot adopt a child together. Unmarried people can adopt alone if they are over 30 years old.

During criminal investigation or prosecution; a)Caught, detained or whose detention is decided to continue outside the conditions specified in the law, b) Not brought before a judge within the legal detention period, c)Arrested without being reminded of their legal rights or without fulfilling their request to benefit from their reminded rights, d) Although he was arrested in accordance with the law, he was not brought before the judicial authority within a reasonable time and was not sentenced within this period, e)After being caught or detained in accordance with the law, it was decided that there was no need for prosecution or that they were acquitted, f)Those who were convicted and whose periods of detention and detention were longer than their conviction period, or who were compulsorily punished with this penalty because the penalty prescribed by law for the crime they committed was only a fine, g) The reasons for their arrest or detention and the accusations against them are not explained to them in writing or, in cases where this is not immediately possible, verbally, h)Their arrest or detention was not notified to their relatives, i)The search warrant against you was carried out in an excessive manner,  j)His belongings or other assets were seized even though the conditions were not met, or the necessary precautions were not taken to protect them, or his belongings or other assets were used for purposes other than their intended purpose, or were not returned on time.  These people can claim all kinds of material and moral damages from the state.

First of all, this right is only granted to women. If the female spouse leaves the job due to marriage, the employer must pay the employee's severance pay. In case of termination of the employment contract by the employee due to marriage (resignation), the right to severance pay can be received provided that the working period is at least 1 year.  The female worker must terminate her employment contract and request severance pay from the employer within 1 year from the date of marriage. The starting date of the one-year period is the day of the official marriage.

When we look at the adoption of a minor under the age of 18: It is conditional that the minor be cared for and educated by the adopter for one year. For this, they must have been married for at least 5 years or one of the spouses must be over 30 years old. Spouses can adopt each other's children provided that they have been legally married for at least 2 years or are over 30 years of age. Unmarried people can adopt alone if they are over 30 years old. The adopting person must be at least eighteen years younger than the adopted child. If the child to be adopted has the ability to differentiate, his/her consent must be obtained by the judge.

    One of the most important issues regarding divorce is in which court the divorce case, which means the legal termination of marriage and is an innovative case in terms of its nature, will be filed. Since divorce ends the marriage union, the competent court in this case is the Family Court. In places where there are Family Courts, these courts hear the cases, and in places where there are no Family Courts, the Civil Courts of First Instance hear the cases as the competent court. In a divorce case, the competent court is the court where one of the spouses resides or where they lived together for the last six months before the lawsuit, as stated in TMK Article 168.

    In order to have a rented property evacuated, an eviction lawsuit must be filed against the tenant. If the lessor wins this case, he can have the house evacuated with the court decision. However, our law states that in some cases, the lessor may request eviction directly through enforcement offices without filing an eviction lawsuit.    If the tenant does not pay the rent of the house on time, the lessor gives the tenant the periods stipulated by law to pay the rent of the house and informs the tenant that he will terminate the contract if he does not pay the rent within this period. The lessor may pursue unpaid rent debt through general lien. If the lessor wants to be evicted at the same time as the payment of the rent, then he must pursue eviction without a judgment.

    It is mandatory for the parties to participate in the case of consensual divorce. The parties must participate in the case and declare before the court that they accept the protocol.

    An employee who terminates his employment contract voluntarily (resigns) cannot receive unemployment benefits.

    The answer to this question depends on the nature of the case and your position in court. If you are a witness, you must go to court. If you do not go, you will be brought to court by force. For more details about testimony, you can refer to the question about testimony.   If it is a civil case and you are a plaintiff, if you do not go to court and do not have a lawyer following your case, the case will be dropped. If you are the defendant; If you do not go to court and do not have a lawyer, you cannot object to the actions taken in your absence.   If it is a criminal case, you must attend. If you do not participate, the court will first decide that you will be brought by police or gendarmerie by force, and if this does not work, it will issue an arrest warrant for you.   

    The fastest and easiest way to end a marriage is a consensual divorce. Consensual divorce means ending the marriage by mutual agreement of the parties. Consensual divorce is a type of divorce in which both parties agree on issues such as divorce and custody, compensation, alimony, etc. The important thing in consensual divorce is to reach a consensus between the parties. The reason why this case takes less time than a contested divorce is that there is no need to hear witnesses and the parties have reached an agreement on every issue.

      The Civil Code stipulates a number of conditions for consensual divorce. In order for a marriage to end through consensual divorce, the spouses must have been married for at least one year. Marriages of less than one year cannot be terminated through a consensual divorce case. Another issue is that the parties must agree on all material and moral legal consequences, prepare a protocol as a result of this agreement and state all the agreed issues in this protocol. Divorce protocol is the most important factor in consensual divorces. In the protocol, the will for consensual divorce should be clearly stated and the parties should state that they have no other demands other than the issues agreed upon. If any issue that may cause disagreement between the parties is not written in the protocol or is forgotten to be written, the judge may not give a divorce decision for the parties. It should not be forgotten that the agreed upon issues in a consensual divorce should be stated in the protocol clearly and without leaving room for doubt.

    In order for you to get a consensual divorce, at least 1 year must have passed since your official marriage date. You can always file a contested divorce case.

    According to the Turkish Civil Code, it is a type of alimony that is granted upon request to the lower lineage, upper lineage and siblings who will fall into poverty if they are not helped.

    Alimony is the money requested and paid by the other party for the maintenance of the party who will have financial difficulties while the divorce case is ongoing or after the divorce case is concluded. There are four types of alimony in Turkish Law: precautionary, poverty, participation and aid alimony.

    It is a type of alimony awarded in favor of the spouse by the divorce decision. In order for this alimony to be granted, the spouse to whom alimony will be awarded must fall into poverty after the divorce. One of the important issues for alimony is fault. In a divorce case, the fault of the spouse who is awarded alimony must be less than the spouse who will pay alimony. The Supreme Court has the opinion that working at a minimum wage job will not prevent receiving alimony.

    It is the alimony ordered by the court for the party who cannot make ends meet while the divorce case is ongoing. Precautionary alimony may be requested from the court, or the judge may decide to grant this alimony. When awarding temporary alimony, the fault level of the spouses is not taken into account. If the spouse is unable to make ends meet, provisional alimony may also be awarded for the at-fault spouse. If the provisional alimony is not paid, enforcement action may be taken.

    In Turkish Law, the class system is based on the sharing of inheritance. According to this system, relatives up to the third class can receive a share of the inheritance. There is a legal order between the groups.  Accordingly, if there is an heir in the leading group, blood relatives in the following group will not be able to inherit.   The first class is the descendant of the deceased person, that is, the children of the deceased inherit equally. According to inheritance law, if the deceased has no descendants, the beneficiaries are the parents and siblings of the deceased. If the deceased has no parents or descendants, his or her grandparents become heirs according to inheritance law.  

    In inheritance law, there are two types of heirs: legal heir and appointed heir. Legal inheritance is a right arising from the law, regardless of the will of the deceased. The appointed heir is the person who becomes an heir because the testator left some or all of his assets to a certain person with his own will.

    On the basis of the distribution of the inheritance, all children, regardless of whether they are girls or boys, become heirs with equal shares.

     It is not possible for the spouse with religious marriage to receive a share of the inheritance.

  The second-hand phone market is very popular in Turkey, but are you aware of what dangers await you? Buying the phone from someone you know or from a phone dealer does not change the situation at all. The phone or technological device you purchased may be theft or even used by FETO or another terrorist organization or may have been involved in a crime. Although phones are reset to factory settings before being sold, these programs can cause trouble for you because they are detected via IMEI. So what should you do?   When purchasing any second-hand technological device, be sure to sign a contract with the owner of the phone or the seller. Be sure to include the date of purchase, the person you purchased the product from, and the serial number of the product in the contract. Be sure to check the serial number of the product you purchased. You can find out the serial number of your phone by dialing *#06#. Those who buy second-hand products online should be even more careful. You should never receive the phone without making a contract. 

    Job search permit is a right granted to the worker by the Labor Law. Accordingly, this leave is given to the dismissed worker so that he does not become unemployed and can find a new job. According to the law, within the notice periods(For detailed information about the notice period, you can read my notice period article), the employer may grant the employee the job search permit required to find a new job. He/she is obliged to pay within his/her due date and without deducting the fee.   You can read more information about job search permit from the link below.   http://avoykuesberk.com.tr/duyuru/-%C4%B0%C5%9E-ARAMA-%C4%B0ZN%C4%B0/24

    The duration of the job search permit cannot be less than 2 hours per day. The job search permit stated as 2 hours is a minimum period. It is possible to increase it. It is not possible to revoke the job search permit through a provision included in the contract. Contract provisions that reduce or completely eliminate this obligation of the employer will not be valid.   You can read more information about job search permit from the link below.   http://avoykuesberk.com.tr/duyuru/-%C4%B0%C5%9E-ARAMA-%C4%B0ZN%C4%B0/24

    If the worker wishes, he can request to use his job search leave collectively rather than for 2 hours a day. An employee who wishes to use his/her job search leave collectively must do so on the days before the day he/she will leave the job and notify the employer of this situation.   You can read more information about job search permit from the link below.   http://avoykuesberk.com.tr/duyuru/-%C4%B0%C5%9E-ARAMA-%C4%B0ZN%C4%B0/24

    If the employer does not grant the new job search permit or allows it to be used incompletely, he must pay the wage for that period to the employee. If the employer employs the worker during the job search leave, he/she pays the wage of the worker for the time he/she works with a 100 percent increase, in addition to the wage he/she would receive without any work in return for using the leave.   You can read more information about job search permit from the link below.   http://avoykuesberk.com.tr/duyuru/-%C4%B0%C5%9E-ARAMA-%C4%B0ZN%C4%B0/24

    In order to use the job search permit, it does not matter who terminates the contract. In other words, there is no distinction between dismissal of an employee or resignation. This leave is a right granted to the employee to be used within the notice period. As a result, the resigned worker also has the right to 2 hours of job search leave per day.

       Trial period: It is the period determined for the worker to see the working conditions and to understand whether he can adapt to the workplace and his job. Trial periods are not included in original contracts; if the parties want a trial period, they must include such a provision in the contract. Therefore, the party claiming the existence of the trial period is obliged to prove the existence of the trial record in the employment contract and the length of the foreseen trial period. Unless the employment contract is made in writing, it is very difficult to prove that a trial period has been included in the contract. This is also valid if the parties do not make the employment contract in writing, but only sign a special text showing the trial record. However, in cases where there is no written document, it does not seem possible to prove the trial record unless the other party admits it.   For more information about the trial period you can click here.    

    According to Article 15 of the Labor Law No. 4857, the trial period can be determined as 2 months at most. However, it is regulated in the law that it can be extended up to four months through collective labor agreements. The employer and the employee can reduce the trial period, but they cannot increase it.  ARTICLE 15. – When a trial entry is included in the employment contract by the parties, its duration may be two months at most. However, the trial period can be extended up to four months through collective bargaining agreements

    Some employers suggest a trial period to avoid insurance. This attitude of the employer is against the law because the employer must initiate the employee's insurance and employ the employee as insured before the employee starts work. Otherwise, an administrative fine is imposed on the employer in accordance with the law.  

    (Notice Period During Trial Period) During the trial period, the contract gives both parties the right to terminate without complying with the notice period and without compensation.  However, the employee's wages and other rights for the days worked are reserved. In other words, you can resign without waiting for the notice period, and the employer can fire you without complying with the notice period. Since these periods are maximum periods, the trial period ends when two months are completed in employment contracts and four months in collective bargaining agreements, even if longer periods are stipulated. During the trial period, the parties may terminate the employment contract without the need for a notice period and without compensation. The employee's wages and other rights for the days worked are reserved.

    The trial period is added to the period when calculating annual leave and severance pay. Because what is important is the employee's starting date and this date is taken as basis in the calculations. In other words, an employee who works for 1 year, including a 2-month trial period, is considered to have worked for 1 year, not 10 months.

    The trial period is not a provision imposed for non-payment or late payment of the employee's salary. The employer must pay the employee in full for the days worked, provided that it is not less than the minimum wage, and cannot offer payment later. Even if the worker works for 1 day, he must be paid.

    Notice compensation is a situation that concerns both the employee and the employer and is paid to the employee for a certain period of time before leaving the job; It also imposes a responsibility on the employer to notify the employee within a certain period of time before dismissing him. In other words, when an employer wants to dismiss an employee, he must notify the employee in advance. The same applies to the worker. If the employee leaves the job without notifying the employer, the employer may demand notice pay from the employee. The reporting obligation is very important. If the notification obligation is not complied with, the other party is entitled to notice compensation on the grounds that the other party has been harmed. How long in advance the other party must be notified of resignation or dismissal depends on how long the job has been done.   YOU CAN FIND OUT HOW LONG YOUR NOTICE PERIOD IS FROM THE LINK BELOW.   http://avoykuesberk.com.tr/duyuru/%C4%B0HBAR-TAZM%C4%B0NATI-S%C3%9CRELER%C4%B0/53

   Notice pay is a situation that concerns both the employee and the employer, and is given to the employee for a certain period of time before leaving the job; It also imposes a responsibility on the employer to notify the employee within a certain period of time before dismissing him. In other words, when an employer wants to dismiss an employee, he must notify the employee in advance. The same applies to the worker. If the employee leaves the job without notifying the employer, the employer may demand notice pay from the employee. The reporting obligation is very important. If the notification obligation is not complied with, the other party is entitled to notice compensation on the grounds that the other party has been harmed. How long in advance the other party must be notified of resignation or dismissal depends on how long the job has been done.   a) For the worker whose job has lasted less than six months, two weeks after the notification is made to the other party, b) For the worker whose job has lasted from six months to one and a half years, four weeks after the notification is made to the other party, c) For the worker whose job has lasted from one and a half to three years, six weeks after the notification is made to the other party, d) It is stated that an employee whose employment has lasted more than three years is deemed to have been terminated eight weeks after notification. This period may be increased to a minimum is contracting. The party who does not comply with the notification requirement must pay compensation in the amount of the fee for the notification period. However, if the employer wishes, he can terminate the employment contract by paying the fee for the notice period in advance.    Knowing our rights is very important. If you cannot get your rights from the employer, you should remember that these rights are protected by law and you can get your rights through the court.

    How Many Hours of Overtime Can Be Done in a Month?    According to the definition made in the Labor Law, work exceeding 45 hours per week, that is, the legal working time, is determined as overtime. According to the Labor Law, normal working hours (45 hours per week) can be distributed differently to the working days of the week in the workplace, provided that it does not exceed 11 hours per day. The total of overtime working hours cannot exceed 270 hours in a year. In order to work overtime, the employee's written consent must be obtained. This approval is obtained in writing from the employees at the beginning of each year by the employer who needs overtime work and is kept in the employee's personnel file. This approval is not required for overtime and working for extra hours due to compelling reasons or extraordinary circumstances. The statute of limitations for overtime wages is 5 years. An employee who works overtime and is not paid for this work has the opportunity to terminate the employment contract for just cause. The employee who has the opportunity to terminate for just cause will be able to quit the job as soon as he uses his right of immediate termination and will not have to spend the notice period. (To be continued)

       The compensation paid by the employer for the years an employee has worked when he/she leaves his/her job for various reasons is called severance pay. An employee who works in the same workplace for more than 1 year will be entitled to severance pay. Severance pay is calculated based on 30 days of gross monthly salary for each year and is obtained by multiplying one month's wage by the number of working years. For each full year, 1 month's salary will be received and the highest interest on the deposit will be applied from the termination of the contract. According to the laws in force, an employee who leaves the job voluntarily (resigns) without a justified reason cannot receive severance pay. However, if the employee leaves the job citing justified reasons specified in the Labor Law, he is entitled to severance pay. The employer may terminate the employment contract immediately, without notice and without payment of severance pay, on the grounds that the employee does not comply with the rules of morality and good faith. In addition, in case of termination of the employment contract (resignation) by the employee due to reasons such as military service, documentation that health problems permanently prevent the performance of the job, marriage, obtaining the right to retire, or the employer acting against the rules of good faith and morality, the working period must be at least 1 year. The right to severance pay can be obtained on the condition that 

    When you are subjected to violence or there is a risk of being subjected to violence, do not lock yourself in places such as the kitchen or bathroom, stay near the exit door as much as possible and head directly to the exit door in case of violence. After being subjected to violence, you can apply to the nearest police station, gendarmerie, Provincial Directorate of the Ministry of Family and Social Policies, family courts, chief public prosecutor's office, Violence Prevention and Monitoring Center (ŞÖNİM) or women's organizations. If you are unable to leave the house, you can call ALO 155 Police Emergency, ALO 186 Gendarmerie Emergency, 183 Family, Women, Children, Disabled and Social Service Advisory Line.    If violence is applied to you; If it is physical violence such as beating or wounding, what you need to do is to go to the police station or public prosecutor's office closest to you, file a complaint and have your complaint recorded in a report. If you go to the police station, make sure that everything you tell is written in the report and be sure to read the report before signing. Law enforcement officers will refer you to the hospital to get an assault report. However, if you need urgent medical intervention, you can directly go to the emergency department of the hospital, get your treatment and get a report of assault stating that you were subjected to violence. It is very important to be examined and get an assault report before the marks on your body disappear to prove the violence you experienced. Remember that law enforcement officers have no duty or authority to reconcile you with the perpetrator of violence. The duty of law enforcement officers is to record the complaint and deliver it to the prosecutor's office as soon as possible. The prosecutor's office will file a criminal case depending on the situation, and if there is violence, it will apply to the family court for a protection order. The victim of violence may obtain a protection order or may remove the perpetrator from the home.   You can also directly apply to the public prosecutor's office or family courts for the violent incident you experienced. To do this, you must submit a petition in which you write your complaint and request to the prosecutor's office or family courts. Once your petition is processed, you will be given a file number. With this number, you can learn about the developments in your file and follow your file.

     Although physical violence is the first thing that comes to mind when the word violence is heard, other types of violence are just as common as physical violence. These; These are physical violence, verbal violence, psychological violence, economic violence and sexual violence. Although other types of violence are not expressed as much as physical violence in our society, all types of violence are at least as severe as physical violence and produce bad consequences. Every day, many women are prevented from working, their salaries are taken away or they are verbally insulted. With all this, thousands of women are oppressed, beaten and even killed. Although it is thought that women who are subjected to violence in our society are people with low economic levels and weak social and self-perceptions, many women who are university graduates and have a high level of education are exposed to violence in social life.  

    WHAT ARE MEASUREMENT DECISIONS?   The Law on the Protection of the Family and the Prevention of Violence Against Women foresees two basic precautionary measures. These are preventive and protective measures. Protective precautionary measures regarding the persons protected within the scope of this law, such as providing appropriate shelter for themselves and their accompanying children, if necessary, in the current location or elsewhere, placing them under temporary protection in case of life-threatening situations, and providing psychological, professional, legal and social guidance and consultancy services. as will be given; Preventive measures may also be taken, such as removing people from shared residences or not approaching schools or workplaces where protected persons are located. Spouses and children who are subjected to domestic violence, other family members living under the same roof, victims of unilateral stalking, family members who have been given a separation decision by the court or who have the legal right to live separately, or who actually live separately despite being married, can benefit from the protection of this law. Considering this qualification, I would like to underline the expression "unilateral persistent pursuit". We can define unilateral persistent stalking as any deliberately repeated behavior that is carried out against a person and makes that person feel afraid in a way that makes him feel that he is in danger. In other words, this law covers all kinds of violence, not just domestic violence. Those who can make a complaint or report according to this law; They are people who are subjected to violence or people who hear, see or witness violence.   An injunction may be issued for a maximum of six months for the first time. However, if it is understood that violence or the risk of violence will continue during the period or after the period ends, it may be decided to change the duration or form of the measures, to remove these measures or to continue as they are, ex officio, upon the request of the protected person or the ministry or law enforcement officials.    In case of non-compliance with the precautionary decision; A person who commits or is likely to commit violence may be punished with coercive imprisonment from three to ten days. For each repeat violation of the requirements of the precautionary decision, the duration of coercive imprisonment is from fifteen to thirty days. The penalty in question cannot be converted into money or postponed. In other words, the perpetrator of violence must comply with the precautionary decisions you take. If he does not comply, he will face heavy sanctions such as imprisonment.

     The court date and time are stated in the notification sent to you. It is sufficient for you to be there on that day and time. When it is your turn at the hearing, the bailiff reads your name and lets you in. You cannot enter the hall without the usher saying your name. The person who will testify is not allowed to watch the hearing in order to be objective. Everyone who is presented as a witness and called to testify must go to court. A witness who does not appear without an excuse even though he is duly summoned is brought by force.  Even if he does not have knowledge about the issue, he must go to the court and say that he does not have knowledge about it. But the law provides exceptions for some people.     The following people may refrain from testifying: a) The fiancée of one of the two parties. b) Spouse of one of the parties, even if the marriage bond has been terminated. c) His or her spouse's descendants or descendants. ç) Those who have an adopted bond with one of the parties. d) Relatives by blood, including the third degree, or by in-laws, even if the marriage bond that creates them has been eliminated. e) Foster family and their children and the child under protection.

          Unfortunately, a marriage you made abroad has no validity in Turkey. You are still single in Turkey. However, you can change your marital status after filing a lawsuit. Likewise, when you get divorced, the divorce decision must be recognized and enforced in order to be valid in Turkey. This can happen through a lawsuit. You can find detailed information at this link.    http://avoykuesberk.com.tr/duyuru/YURTDI%C5%9Eında-YAPILAN-EVL%C4%B0L%C4%B0KLER-VE-YURTDI%C5%9Eında-YAPILAN-BO%C5 %9EFESSIONS/41    

  It is a lawsuit that must be filed within 30 days from the termination of the employment contract by the employer. If this lawsuit is not filed within the deadline, the right to file a lawsuit expires.   You must have been working at that workplace for at least 6 months. At least 30 workers must work with you in the workplace.There must be an employment contract of indefinite duration between you and your employer, and the termination of your employment contract must not be based on a valid reason.        Remember that your lawyer will always give you the most accurate information.