LEGAL CONSULTANCY UNIT

LEGAL CONSULTANCY

Legal consultancy and case follow up works

Legal Consultancy & Case Follow Up

In Refugees Associatinon Legal Consultancy Unit, legal consultancy, guiding and case follow up services are being given for refugees and besides that; some benefciaries who are in a sensetive situation are being  supported by standing with them on their process of reaching to justice.  All of our services are free and they are being carried out under the privacy and equalty principles.

Case Follow Up & Guidance/Direction
According to requires of our beneficiaries; we can make external direction to another institution/association/corparation which is an expert about an issue which is out of our services and  also we can make an internal direction to give all support on issues which is in the our service capacity. Most of our beneficiaries are women who are victim of gender based discrimination or violance and girl children who were forced into marriage. Single parent, disabled people, old people and victims of physical violance are following that list. 

International Protection & Refugee Law 
The issues which are being consulted about Private Law goes like: Family Law, Labor Law, Tenancy Law, Criminal Law problems and also International Protection and Refugee Law problems which belongs to refugees in Turkey or out of borders are being answered too. 

Legal Consultancy Unit gives services at 5th floor of our association.

EMSAL KARARLAR

Precedent decisions are related to an effective application , Prohibition of ill-treatment , personal liberty , right to security , right to life , Administrative supervision and deportation

Precedent decisions 1

sample Precedent decisions

Precedent decisions 2

sample Precedent decisions

FREQUENTLY ASKED QUESTIONS

Frequently Asked Questions About Short-Term Working and Unpaid Wage Support  

It is an application which gives wage support for the period that they didn’t work, with the condition not to be more than 3 months, to employees who have insurance in case of working hours are decreased or work completely stops

The maximum duration of short work is three months.

All employers who decreased weekly working hours permanently about 1/3 because of Covid-19 or all employers who stopped work completely or at least for 4 weeks without any continuity condition because of Covid-19 can apply to short term working.

Employers can apply to İŞKUR which they are registered on by sending all necessary documents to the email address of that İŞKUR.

No, short term working application can be made only by employers.

An employee should has those conditions to take short term working grant after the applications which are based forced reason such as Covid-19:
• Short term working application of employee must be found appropriate,
• Employee must be counted on short term working application,
• Employee must have 60 service day on the date of application and also must have 450 paid days on insurance in last 3 years.

Short term working grade calculates as 60% of employee’s daily gross wage by considering his/her gains which comes from last 12 monthly paid insurance. Payments can’t be more than top limit which is 4.380,99TL.

Short term working grant is paid to the employee himself/herself for the periods not working.

On the short term working applications which was made because of a forced reason such as Covid-19; foreign employees can have it if they have the same conditions: Employee must have 60 service day on the date of application and also must have 450 paid days on insurance in last 3 years. 

Employees who are working according to a service contract.

While you are working at somewhere under  the scope of unemployement insurance; 
• People who lost their jobs without their will and false even they have the will of working, talent, health and competence,
• People who are contracted employee for 120 paid days same work place and also have 600 paid unemployment insurance days in last 3 years,

can take advantage of unemployement insurance by making an application personally to the closest İŞKUR or by make an online application at www.iskur.org.tr portal in the next 30 days after the termination of contract. 

In the last 3 years before the termination of contract;
People can take advantage of unemployement insurance by making an application personally to the closest İŞKUR or by make an online application at www.iskur.org.tr portal in the next 30 days after the termination of contract.
• 240 days will be paid to unemployee people who worked as a insured employee for 900 days and paid his/her unemployement insurance. 
• 300 days will be paid to unemployee people who worked as a insured employee for 1080 days and paid his/her unemployement insurance,

*If they have other conditions which are clarified in the law.

Foreign people who gained the right of having unemployement insurance can make an application to have unemployement allowance. With the condition of having residence permit, foreign people can have unemployement allowance if they also have the other conditions.

It is a support which is given for unemployement peroid or leaving period to employees(because of the Covid-19), who took unpaid leave, who can’t take advantage from short term working grant, whose contract is terminated after 15.03.2020 but can’t have unemployement allowance and who don’t have old age pension. It is 1.177TL per month.

If an employee have an application before, he/she doesn’t need to apply again. But the ones whose contracts are terminated after 15.03.2020 and don’t have any application must apply on https://esube.iskur.gov.tr or E-Devlet system.

Accordion Content

Since religious marriage is not accepted as a valid marriage in Turkey, it is not possible to make official divorce proceedings.

In order to get a divorce in Turkey, spouses must be officially married. A divorce case is filed in the family court for divorce. The competent court for divorce is the place of residence of one of the spouses or the family court where they have lived together for the last six months before the lawsuit.

In religious marriages, only the mother has the right of custody. Since religious marriages are not considered valid in Turkey, the father does not have custody. If the father wants custody, he must file a custody case in court. In oficial marriages, the right of custody is used by the mother and father together.

The person who will fall into poverty due to divorce may ask for alimony indefinitely in proportion to his financial strength from the other side for his livelihood, provided that his fault is not more severe. Alimony precaution may be requested while the case is pending.

The faultless or lesser faulty party whose current or expected interests are damaged by the divorce may seek appropriate financial compensation from the faulty party. The party whose personal rights have been attacked due to the events leading to the divorce may request the payment of an appropriate amount of money as moral compensation from the defective party.

When deciding on a divorce, the court, after hearing the parents, regulates the rights of the parents and their personal relations with the child. After a divorce, the court decides who gets custody. While the case continues, the court grants temporary custody to the party it deems appropriate.

STATISTICS OF 2021

Statistical data about the activities of Legal Consultancy Unit (*First Six Months of 2021)

0
Number of Beneficiaries

Gender Range:

MALE

285

50%

FEMALE

284

50%

Age Range:

0-17

0.9%
0

18-59

94.7%
0

60+

4.4%
0

Total

569 100%

The Most Asked Topics:

ID Applications

12.3%

Registry Change

8%

Divorce

14.5%

ID Cancellation

3.4%

Others

61.8%