Workers employed in European countries—whether Turkish nationals, dual citizens, or refugees—are subject to the employment law regime of the country in which they work. In this context, legal avenues are available to hold employers accountable for unlawful dismissals, unpaid wage claims, and workplace accidents.
Although there are differences between legal systems across Europe, there are also common core principles. This article explains how workers can seek recourse against employers in such cases.
1. Unlawful Dismissal and Reinstatement Claims
General Principle:
In Europe, the dismissal of an employee without valid reason is considered unlawful termination. Countries such as Germany, France, and the Netherlands have strong labor laws that favor the protection of employees.
Legal Recourse:
- Workers can file a claim before the labor court requesting reinstatement (e.g., Kündigungsschutzklage in Germany).
- If the employer cannot present a valid reason for the termination, they must either reinstate the employee or pay compensation.
- Compensation is calculated based on the worker’s seniority, financial loss, and salary level.
- Unlike Turkey, some countries emphasize monetary settlements over mandatory reinstatement.
Example: In Germany, if the employer has more than 10 employees and the employee has been employed for at least 6 months, a serious justification must be provided for termination. Otherwise, the employee may claim reinstatement or compensation.
2. Unpaid Wages and Wage Claims
General Principle:
Employers are obligated to pay wages on time and in full, which is a fundamental principle of European labor law. Delayed payments, partial payments, or non-payment constitute grounds for filing a claim in court.
Legal Recourse:
- Workers may file a wage claim before the labor court (e.g., Conseil de Prud’hommes in France).
- In addition to base salary, workers may claim overtime pay, bonuses, vacation pay, and other entitlements.
- In some countries, mandatory pre-litigation mediation or conciliation is required.
In Belgium, failure to pay wages for two consecutive months allows the employee to terminate the contract and claim severance compensation.
3. Workplace Accidents and Employer Liability
General Principle:
When a worker is injured on the job, initial medical treatment and financial compensation are typically covered by the national social security system. However, this does not absolve the employer of liability.
Right to Compensation (Recourse):
- If the employer’s negligence, failure to supervise, or violation of safety regulations contributed to the accident, the worker may file a civil lawsuit for compensation.
- In addition to the benefits provided by the public system, the worker may claim:
- Loss of earning capacity,
- Medical expenses,
- Temporary disability compensation,
- Permanent impairment,
- Non-pecuniary (moral) damages.
📍 Example: In the Netherlands, failure to provide written safety instructions may be sufficient to establish employer liability. The general rule is: “The employer is responsible.” The burden of proof often lies with the employer.
Key Points for Turkish Lawyers
- Each country has its own labor code. In addition to general EU directives, national laws such as Germany’s BGB and ArbGG or France’s Code du travail must be understood.
- In some countries, legal recourse is subject to mandatory conciliation or mediation.
- Employer-provided occupational insurance does not bar the worker from filing a civil claim.
- In case of employer bankruptcy, unpaid wages may be claimed from the Bankruptcy Estate or the Employment Guarantee Fund.
- The European Court of Human Rights recognizes fair wages, job security, and workplace safety as part of the “right to work with dignity.”
Conclusion
Workers employed in Europe are provided broad legal protections under the principles of the social welfare state when faced with unlawful dismissal, unpaid wages, or workplace injury. Turkish lawyers must be familiar with both client rights and the local judicial processes of European countries in order to provide effective legal representation.
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