Turkey: Fired Without Warning? Wrongful Dismissal Guide

What are the main employment law sources in Turkey?

The main sources of employment and labor law in Turkey are Labour Law No. 4857, the Turkish Code of Obligations, Social Security and General Health Insurance Law No. 5510, and related regulations issued by the Ministry of Labour and Social Security. Collective bargaining agreements and individual employment contracts can grant better conditions than the law, but they cannot validly reduce statutory minimum rights.

• Labour Law No. 4857: Governs most private sector employment relationships, especially where the activity is continuous and the worker is subordinated to the employer.
• Turkish Code of Obligations (TCO) No. 6098: Covers employment relationships that fall outside Labour Law (for example, certain domestic workers, apprentices) and fills gaps not addressed by Labour Law.
• Social Security and General Health Insurance Law No. 5510: Regulates compulsory social security contributions, pensions, sickness, workplace accidents, and health coverage via the Social Security Institution (SGK).
• Occupational Health and Safety Law No. 6331: Sets out employer obligations to prevent workplace accidents and occupational diseases.
• Trade Unions and Collective Bargaining Agreement Law No. 6356: Governs union formation, collective bargaining, strikes and lockouts.
• Secondary legislation: Regulations and communiqués, such as those on overtime, annual leave, part-time work, remote work, and maternity protection.
• Collective Bargaining Agreements (CBAs): Binding on union-member employees and employers; often improve wages, benefits, and leave entitlements beyond statutory minimums.

How are employment contracts structured in Turkey and what must they include?

Employment contracts in Turkey can be verbal or written, but written contracts are strongly recommended and mandatory in some cases (for example, fixed-term contracts longer than one year). At minimum, a contract should clearly define job title, workplace, wage, working hours, term, and any special conditions such as probation or non-compete clauses.

Key types of employment contracts

• Indefinite-term contract (belirsiz süreli): Default form; offers strongest protection, especially regarding notice and severance pay.
• Fixed-term contract (belirli süreli):
  • Must be based on objective grounds (project-based work, replacement of an absent employee, seasonal work).
  • Continuous renewal without objective reason risks requalification as an indefinite-term contract.
• Full-time vs part-time:
  • Part-time means working time substantially shorter than comparable full-time employees (typically less than two-thirds of 45 hours).
  • Part-time employees are entitled to pro rata rights (annual leave, bonuses, etc.).
• Remote and flexible work: Following recent regulations, contracts should specify location of work, equipment allocation, data security, and performance monitoring rules.

Mandatory or essential elements to cover

• Parties: Full identity and address of employer and employee.
• Job description: Title, department, reporting line, and a broad description of duties.
• Workplace: Location(s) where the employee will perform work, including remote or multiple sites.
• Start date and term: Indefinite or fixed-term (with objective reason and end date).
• Working hours: Weekly hours, daily schedule, and whether shift or flexible scheduling applies.
• Wage and benefits: Gross monthly salary in Turkish Lira, payment date, bonuses, allowances (meal, transport, phone, housing), and any variable pay structure.
• Probation period: Can be up to 2 months (or 4 months under CBAs). During probation, either party can terminate with shorter notice.
• Confidentiality and IP: Protection of trade secrets and ownership of work products.
• Non-compete clause:
  • Must be reasonable in scope, duration, and geography under TCO.
  • Generally limited to protect legitimate business interests.
• Reference to applicable CBA if the workplace is covered by a union agreement.

Common drafting mistakes in Turkey

• Using fixed-term contracts repeatedly without objective justification, which weakens the employer's position in court.
• Failing to specify gross wage and allowing ambiguity between gross and net, which usually works against the employer in disputes.
• Broad non-compete clauses that are later found invalid or heavily restricted by the courts.
• Not aligning contract provisions with statutory minimums or with the applicable CBA.

What are the rules on working hours, overtime, and rest in Turkey?

In Turkey, the standard weekly working time is 45 hours, usually spread over 5 or 6 days, and daily working time cannot exceed 11 hours. Overtime requires employee consent and must be paid with statutory premiums or compensated with time off, and there are strict limits on annual overtime hours.

Standard working time

• Weekly limit: 45 hours, usually distributed equally across the week, unless otherwise agreed.
• Daily limit: Maximum 11 hours per day, even if weekly total stays below 45.
• Shift and night work: Night work generally covers 20:00 to 06:00 and has additional protections and limits.

Overtime (fazla çalışma) and excess work (fazla sürelerle çalışma)

• Overtime:
  • Work that exceeds 45 hours per week.
  • Paid at 150% of the normal hourly rate (time-and-a-half).
  • Annual overtime cannot exceed 270 hours per employee.
  • Employee consent is required; typically obtained via contract or separate consent form.
• Excess work:
  • Work up to 45 hours where contractual weekly hours are less than 45 (for example, contract says 40 hours, employee works 44).
  • Paid at 125% of the normal hourly rate.
• Compensatory time off:
  • Instead of payment, the employee may receive 1.5 hours of paid time off per 1 hour of overtime if agreed.
  • Must be used within 6 months.

Rest breaks and weekly rest

• Daily rest breaks (unpaid):
  • 4 hours or less of work: at least 15 minutes
  • 4 to 7.5 hours of work: at least 30 minutes
  • More than 7.5 hours of work: at least 1 hour
• Weekly rest:
  • At least 24 consecutive hours of rest per week (usually Sunday).
  • If the employee works the week, the weekly rest day is paid.
• Public holidays:
  • Work on official and religious public holidays attracts double pay, unless the employee receives a compensatory rest day based on agreement.

Frequent overtime issues in Turkey

• Employers informally expecting staff to respond to emails or messages outside official hours without counting it as overtime.
• Insufficient time records; courts often rely on witness statements and may estimate overtime in favor of the employee.
• Flat "all inclusive" salary clauses that try to absorb unlimited overtime; courts typically restrict such clauses and still award overtime beyond reasonable limits.

How are salary, minimum wage, and benefits regulated in Turkey?

Salaries in Turkey must be paid in Turkish Lira at least once per month, and cannot be lower than the national minimum wage set by the government. Employers must withhold income tax and social security contributions, and must provide certain mandatory benefits such as social security registration and, in many cases, meal or transport allowances under CBAs or company policy.

Minimum wage and payment rules

• Minimum wage:
  • Determined annually (and sometimes semi-annually) by the Minimum Wage Determination Commission.
  • As of 2024, the gross monthly minimum wage was approximately TRY 20,002.50 and the net around TRY 17,002.
  • Figures change frequently due to inflation; always check the latest official announcement.
• Payment frequency:
  • At least once a month; weekly or biweekly payment is also allowed.
  • Payment must be through bank transfer if the workplace employs at least 5 employees.
• Currency:
  • Usually in Turkish Lira; foreign currency clauses are possible but must comply with FX restrictions and are often interpreted in TL in disputes.

Mandatory deductions and employer costs

Common monetary and non-monetary benefits

• Meal allowance: Cash or meal card; tax advantages up to a daily limit for off-site meals.
• Transport allowance: Cash or transport card; often mandatory under CBAs.
• Bonuses and premiums: Discretionary or performance-based; once they become regular, they may be considered part of wage for severance and other calculations.
• Private health insurance: Common in white-collar sectors; often cost-shared or fully funded by employer.
• Company car, phone, laptop: Benefit in kind; usage rules should be defined in internal policies.

Wage protection

• Employers cannot unilaterally reduce wages; changes require employee consent, usually via a written protocol.
• Delayed payment can entitle the employee to stop working without losing rights and to claim interest on overdue wages.
• Unlawful deductions are prohibited; only legally permitted or contractually agreed deductions can be made.

What types of leave are employees entitled to in Turkey?

Employees in Turkey are entitled to paid annual leave, maternity and paternity leave, sick leave, and several special leaves such as marriage or bereavement leave. These leave rights are mostly mandatory and cannot be waived by agreement, although CBAs can grant more generous entitlements.

Annual paid leave

Annual leave entitlement depends on length of service with the same employer (including previous periods in the same group in some cases).

• Probation period counts towards annual leave accrual.
• Annual leave cannot be replaced by cash during employment; unused leave is paid on termination.
• Employers must keep accurate annual leave records.

Maternity, paternity, and parental leave

• Maternity leave:
  • 16 weeks total: 8 weeks before birth and 8 weeks after.
  • Extended in case of multiple pregnancies or complications.
  • Paid through social security (temporary incapacity benefit), not directly by employer, if contribution conditions are met.
• Paternity leave:
  • At least 5 days paid leave for fathers or adopting parents.
• Breastfeeding breaks:
  • 1.5 hours per day until the child is 1 year old, treated as working time.
• Part-time parental work:
  • Parents may request part-time work for a certain period after childbirth or adoption under specified conditions.

Sick leave and health-related absence

• Sick leave:
  • Based on medical report (rapor); employer must respect it.
  • SGK pays temporary incapacity allowance after the waiting period; employer may complement it via policy or CBA.
• Long-term illness:
  • After exceeding maximum notice periods plus an additional 6 weeks of sickness absence, the employer may terminate based on long-term incapacity.

Other statutory leaves

• Marriage leave: At least 3 days paid leave.
• Bereavement leave: At least 3 days in case of death of parent, spouse, sibling, or child.
• Short-term military service exams, union activities, education leave: May be provided by law, CBA, or employer policy.

How can an employment contract be terminated in Turkey?

In Turkey, employment contracts can end through mutual agreement, resignation, expiry of fixed-term, or unilateral termination by employer or employee with or without notice. Employer terminations are heavily regulated, especially where job security provisions apply, and wrongful terminations can trigger reinstatement and compensation claims.

Main termination methods

• Mutual termination (ikale):
  • Parties sign an agreement to end the relationship, often with additional compensation.
  • Court scrutiny focuses on whether the employee's consent was free and informed and whether the package is reasonably advantageous.
• Resignation by employee:
  • Employee gives notice according to seniority, unless resigning for "just cause" (for example, unpaid wages, harassment, serious health risks).
  • Resignation without just cause usually forfeits severance pay.
• Termination by employer with notice (valid reason):
  • Used for performance, behavior, or operational reasons not serious enough to justify immediate dismissal.
  • Employer must respect notice periods and, where job security applies, be able to prove "valid reason" in court.
• Termination by employer for just cause (immediate):
  • For serious misconduct, criminal acts, or health/force majeure situations listed in Labour Law article 25.
  • No notice period; severance rights depend on the type of just cause and which party terminates.
• Automatic expiry:
  • End of fixed-term contract at agreed date or completion of project.

Job security regime (reinstatement protection)

• Applies if:
  • Employer has at least 30 employees (country-wide); and
  • Employee has at least 6 months of service; and
  • Employee is on an indefinite-term contract and not a senior manager falling outside the regime.
• Termination must be based on a "valid reason" relating to:
  • Employee's performance or behavior; or
  • Business necessity (restructuring, downsizing, closure).
• Employee can challenge termination through mandatory mediation and then Labour Court seeking reinstatement.

Formalities for employer termination

• Written notice stating clear and specific reason, especially under job security regime.
• Invitation to written defense before termination for reasons linked to behavior or performance, except where termination is immediate for serious misconduct.
• Delivery of final salary, unused annual leave pay, severance (if any), and issuance of necessary documents (employment certificate, SGK exit notification).

How are notice and severance pay calculated in Turkey?

Notice periods in Turkey range from 2 to 8 weeks depending on seniority, and severance pay is typically calculated as 30 days' last gross wage per completed year of service, subject to a statutory ceiling. Employees usually qualify for severance when terminated by the employer without just cause, or when they resign for legally recognized just causes.

Notice periods

• Parties can agree on longer notice periods, but not shorter than statutory minimums.
• Employer may terminate immediately by paying "notice pay" equivalent to the wages for the notice period.
• During notice period, employees are entitled to paid time off (typically 2 hours per day) to search for a new job.

Severance pay (kıdem tazminatı)

• Eligibility (main cases):
  • Termination by employer for reasons other than employee's serious misconduct under Labour Law article 25/II.
  • Employee resignation for just cause (for example, unpaid wages, serious health issues caused by work, immoral behavior by employer).
  • Male employee leaving to perform compulsory military service.
  • Employee resigning after marriage (for women, within 1 year of marriage).
  • Retirement or entitlement to old age pension (based on SGK conditions).
• Calculation:
  • 30 days' last gross wage for each completed year of service.
  • Pro rata for partial years (for example, 5.5 years of service means 5.5 months of gross salary).
  • Last wage includes regular benefits with wage nature (for example, regular bonuses, cash allowances) averaged if variable.
  • Subject to a severance pay ceiling published every 6 months by the Ministry of Treasury and Finance.
• Taxation:
  • Severance pay is generally exempt from income tax up to the statutory cap; amounts above may be taxable.

Payment and documentation

• Severance, notice pay, and unused annual leave pay should be paid at termination or very shortly thereafter.
• Employers often require employees to sign a "release" (ibraname); for validity, it must meet formal conditions in Labour Law (signed at least 1 month after termination, specify amounts clearly, no waiver of unearned rights).
• Courts frequently disregard blanket releases signed on termination date, especially if the amounts paid are not fully and transparently specified.

What are employee rights during unfair or invalid termination disputes in Turkey?

Employees covered by job security who are terminated without a valid reason can seek reinstatement and compensation through mediation and Labour Court proceedings. If reinstatement is ordered, the employer may have to pay up to 4 months' salary for idle time and an additional 4 to 8 months' salary as compensation if the employee is not reinstated.

Who can file for reinstatement?

• Employees with at least 6 months of service.
• Working for an employer with at least 30 employees.
• On an indefinite-term contract, not in a genuinely senior managerial position excluded by law.

Procedure and deadlines

1. Employee receives termination notice.
2. Within 1 month: Employee must apply to a registered mediator (labor disputes have mandatory mediation).
3. Mediation meetings are held; usually concluded within a few weeks.
4. If mediation fails:
   • Within 2 weeks from the final mediation report, employee must file a lawsuit in the competent Labour Court.
5. The court examines whether the termination had a valid reason and complied with procedure (written form, defense right, objective criteria for redundancy, etc.).

Potential outcomes

• Termination found valid: Claim dismissed; employee retains severance and notice already paid.
• Termination found invalid:
  • Court orders reinstatement and determines compensation (usually between 4 and 8 months' wages).
  • Court also rules on wages and other rights for up to 4 months for the period between termination and decision (idle time compensation).
• If the employer does not reinstate the employee within the legal timeframe (generally 1 month from final decision), the employer must pay the compensation determined by the court instead.

Other common employee claims

• Unpaid overtime and work on holidays.
• Underpaid or unpaid bonuses and premiums.
• Incorrect calculation of severance or notice pay (excluding regular benefits, wrong seniority, applying wrong cap).
• Compensation for unused annual leave.
• Compensation for mobbing (workplace bullying) and violation of personal rights (handled under TCO as well).

How are workplace health, safety, and social security handled in Turkey?

Employers in Turkey have strict duties under Occupational Health and Safety Law No. 6331 and Social Security Law No. 5510 to prevent workplace accidents, provide safe conditions, and register employees with social security. Non-compliance can result in administrative fines, criminal liability, and significant compensation claims.

Occupational health and safety (OHS) obligations

• Risk assessments and regular OHS audits appropriate to the workplace risk class.
• Appointment of:
  • Workplace doctor (işyeri hekimi)
  • OHS specialist (iş güvenliği uzmanı)
  • OHS board in larger workplaces.
• Provision of personal protective equipment and training.
• Recording and reporting of workplace accidents and occupational diseases to SGK and the Ministry.

Social security and registration

• Employers must:
  • Register employees with SGK before they start work.
  • Pay monthly social security and unemployment insurance contributions.
  • File monthly premium and service declarations.
• Failure to register or underreporting wages triggers:
  • Administrative fines by SGK.
  • Retroactive premium assessments with interest.
  • Liability for workplace accident compensation that SGK recovers from the employer.

Workplace accidents and employer liability

• SGK pays temporary incapacity benefit and may pay disability or survivor pensions.
• If the employer is at fault (for example, no training, no equipment), SGK may recourse part of the amounts to the employer.
• Employees or their families can also seek moral and material damages before civil courts.

How are labor disputes resolved in Turkey and what does the process cost?

Most individual labor disputes in Turkey must first go through mandatory mediation, and only if mediation fails can parties bring the case before the Labour Courts. Costs vary depending on claim value, but mediation is relatively inexpensive and court filing fees are modest compared to the potential compensation at stake.

Mandatory mediation for employment disputes

• Covers most monetary and reinstatement claims arising from employment contracts (wages, overtime, severance, unfair dismissal, etc.).
• Application is made to the mediation office in the defendant's domicile or workplace location.
• If mediation results in a settlement, the protocol has the force of a court judgment and is directly enforceable.

Labour Court proceedings

1. Filing of lawsuit with statement of claim and evidence list.
2. Exchange of pleadings between parties.
3. Hearing stages, witness examination, expert reports (common in wage and overtime cases).
4. First instance judgment; appeal possible to Regional Courts of Appeal and then to the Court of Cassation in many cases.

Indicative costs in Turkey (approximate)

Given the high inflation environment, all amounts are indicative only and change frequently; parties should obtain current quotes before starting a case.

When should you hire a labor lawyer or expert in Turkey?

You should hire a Turkish labor lawyer or expert whenever the dispute involves termination, significant monetary claims, or complex procedural deadlines such as reinstatement actions. Both employees and employers greatly improve their chances of a favorable and efficient outcome by obtaining professional guidance early.

Key situations for employees

• You received a termination notice and:
  • Suspect the reason is not genuine or discriminatory; or
  • You might qualify for job security and want to explore reinstatement.
• You believe your severance, notice, or annual leave payments were miscalculated or unpaid.
• You have substantial unpaid overtime, bonus, or commission claims, especially where evidence is mixed (incomplete records, informal orders, WhatsApp messages).
• You are exposed to mobbing, harassment, or workplace safety risks and consider resigning for just cause.

Key situations for employers

• Planning restructurings, downsizing, or mass terminations that may trigger collective dismissal obligations.
• Terminating employees who fall under job security regime, especially for performance or misconduct reasons.
• Drafting or revising standard employment contracts, internal regulations, and handbooks to align with current law and CBAs.
• Facing inspections from the Ministry of Labour, SGK, or OHS authorities, or after a serious workplace accident.
• Negotiating settlements at mediation, where wording and structure of the protocol critically affect future risks.

What a local expert adds

• Accurate calculation of severance, notice, overtime, and leave entitlements using up-to-date tariffs and caps.
• Strategic advice on choosing between mutual termination, resignation for just cause, or litigation.
• Preparation of evidence (witnesses, documents, time records, electronic communication) to meet Turkish court standards.
• Representation in mediation sessions, where many disputes are resolved without full litigation.

What are the next steps if you have an employment issue in Turkey?

If you face an employment problem in Turkey, you should quickly collect documents, check your deadlines, and seek professional advice before signing any releases or settlement documents. Early action is critical, especially for terminations where reinstatement deadlines are measured in weeks, not months.

1. Gather evidence:
   • Employment contract, addenda, and any CBA information.
   • Pay slips, bank statements, SGK service records (hizmet dökümü), emails, and messaging records related to working hours or agreements.
   • Termination notice, mutual termination proposal, or resignation letter drafts.
2. Check key dates and deadlines:
   • Date you received the termination notice.
   • Dates of unpaid wages or overtime periods.
   • Remember: for reinstatement, you usually have 1 month to apply to mediation and 2 weeks thereafter to sue if necessary.
3. Avoid signing documents blindly:
   • Do not sign releases, resignation letters, or mutual termination agreements without understanding their legal and financial effect.
4. Consult a labor lawyer or advisor:
   • Request a calculation of your entitlements (or liabilities) and an assessment of litigation versus settlement options.
5. Use mediation strategically:
   • Prepare a clear settlement target range before the mediation session.
   • Insist that any agreement is drafted in precise legal terms that reflect all payments and rights.
6. Consider litigation only after cost-benefit review:
   • For high-value or principle-driven disputes, Labour Court proceedings can be worthwhile, but they require patience and structured evidence.