Employment Lawyer in Alanya | Employment Law
Employment law governs the relationship arising from work performed under another party’s direction and in return for remuneration. Because the economic power of the parties to the employee–employer relationship is unequal, the law lays down minimum conditions as mandatory provisions and renders invalid any agreements that fall below those conditions.
In an employment dispute, the factors that determine the outcome often arise not from the wording of the contract but from how the work was actually performed. The duration of the work, the manner in which wages are paid, the nature of the work, and the way in which the employment relationship ended all affect claims for severance pay and notice pay, overtime and other employee receivables, as well as claims for reinstatement.
Time limits in employment disputes are short, and some extinguish the relevant right if missed. If the time limits prescribed for challenging the validity of a termination are missed, the claim cannot subsequently be brought; in respect of monetary claims, the limitation period begins to run. It is therefore important to determine which time limits begin to run when the employment relationship ends.
Key Practice Areas
Key Disputes in Employment Law
Employment disputes do not arise in isolation. A single termination may give rise to a claim for reinstatement, severance pay and notice pay, as well as accrued overtime and annual leave entitlements; which claims are pursued, by which procedure and in what order can affect the course of the case.
Types of Employment Contracts and Seasonal Work
As a rule, an employment contract is concluded for an indefinite term. A fixed-term employment contract may be concluded in writing where the work is for a fixed term or where it is subject to objective conditions, such as the completion of a specific task or the occurrence of a specific event. The law provides that, unless there is a substantial reason, a fixed-term contract may not be concluded successively; otherwise, it is deemed to have been for an indefinite term from the outset. Successive contracts based on a substantial reason retain their fixed-term status. This distinction is decisive: where a fixed-term contract expires automatically at the end of its term, the consequences differ with regard to severance pay, notice compensation and the application of job security provisions.
Part-time work, on-call work and remote working are separately regulated by law. Unless there is a reason justifying the distinction, a part-time employee may not be treated differently from a comparable employee.
In seasonal work, the employment relationship is, as a rule, not terminated at the end of the season but is suspended. Court decisions hold that suspension alone does not amount to termination; termination occurs at the start of the following season when the worker is not called back to work. In such employment, the worker's length of service is calculated by aggregating the periods spent at the same employer's workplaces, regardless of whether the contract was intermittently renewed; periods of suspension between two seasons are not included in the length of service.
With respect to annual paid leave, the statute provides for two separate exemptions: the provisions on annual leave do not apply to employees engaged in seasonal or campaign-based work which, by its nature, lasts less than one year; nor do they apply to work of an intermittent nature which, by its nature, lasts no more than thirty working days. In these matters, the provisions of the Code of Obligations apply. By contrast, if the work in fact continues throughout the year or exceeds one year, the fact that the work is referred to as “seasonal” does not eliminate the right to annual leave. Since the statute does not define the concept of “seasonal work”, this classification is determined by judicial decisions according to the circumstances of the specific case. In workplaces where work is carried out on a seasonal basis, this distinction is assessed separately.
Validity of Termination and Reinstatement
Where the employer terminates an employment contract, the reason relied upon for the termination and whether the termination was effected in accordance with the proper procedure are examined separately. In workplaces employing thirty or more workers, an employer who terminates the indefinite-term employment contract of a worker with at least six months of seniority must base the termination on a valid reason and notify the worker of that reason clearly and precisely in writing. A worker meeting these conditions may assert that the termination is invalid on the grounds that it was not based on a valid reason; for this purpose, the worker must apply to a mediator within one month of the date on which the termination notice was served.
Under the law, the burden of proving that a termination was based on a valid reason lies with the employer; if the employee alleges that the termination was based on a different reason, the employee bears the burden of proving that allegation. Where termination is based on reasons relating to the employee’s conduct or performance, the employer is legally required to obtain the employee’s defence against those allegations. For terminations based on the requirements of the enterprise, workplace or work, there is no obligation to obtain a defence; however, judicial decisions require that the criteria be determined in advance and that termination be demonstrated to be a last resort.
If a dismissal is held to be invalid, the employer must reinstate the employee within one month of the employee’s application to that effect. If the employer fails to do so, it must pay compensation equivalent to between four and eight months’ wages. Wages and other entitlements accrued for a period of up to four months during which the employee was not employed pending the finalisation of the judgment must also be paid. The court determines the monetary amounts of this compensation and the wages and other entitlements by reference to the wage applicable on the date the action was brought. The employee must apply to the employer to resume work within ten working days of being served with the finalised judgment. If the employee fails to apply within this period, the dismissal becomes valid and the employer is liable only for the consequences of that dismissal.
Where employees are not covered by job security, it is possible to assert that the termination was made in bad faith. These two avenues are mutually exclusive; which one is available is determined not by the employee's choice, but by the statutory criteria relating to the number of employees at the workplace, the employee's length of service and the type of contract. The amount of bad faith compensation is not left to the discretion of the judge; it is fixed by statute according to a criterion linked to the notice period.
Employment Claims
Severance pay is regulated not by Law No. 4857 but by Article 14 of the repealed Labour Act No. 1475, the relevant provision of which remains in force. Under this provision, entitlement to severance pay arises where the employment contract ends on one of the grounds exhaustively listed in that article and the employee has completed at least one full year of service; no entitlement arises for an employee who has not completed one year. The employee’s length of service is calculated by aggregating the periods worked at the same employer’s workplaces, irrespective of whether the employment contract was re-established at intervals.
In the case of employer-initiated termination, the only circumstance that removes this entitlement is immediate termination based on grounds involving a breach of the rules of morality and good faith. Where the employer terminates the employment relationship on grounds of health, compelling reasons, or the employee’s being taken into custody or arrested, the employee is entitled to severance pay. As a rule, an employee’s resignation without giving a reason does not give rise to entitlement to severance pay; however, in certain circumstances specified by law, the employee’s own declaration of termination also gives rise to this entitlement.
Notice compensation arises as a debt owed by the party that fails to comply with the notice requirement in a termination effected without observing the notice period. Notice periods are graduated according to length of service: two weeks for an employee whose employment has lasted less than six months, four weeks for employment lasting between six months and one and a half years, six weeks for between one and a half and three years, and eight weeks for more than three years’ service. These periods are minimum periods; they may be extended by contract but may not be reduced.
Wages, overtime pay, weekly rest-day pay, public-holiday pay and compensation for untaken annual leave are separate heads of claim. In cases where it is alleged that part of the wage was paid off the payroll, the amount of the wage becomes a separate matter requiring proof. As regards overtime, where the signed payroll includes an overtime accrual and has been signed without reservation, it is generally not possible to claim that more overtime was worked than is shown on the payroll. Conversely, where a reservation has been made or no overtime accrual appears on the payroll, the matter may be established by any type of evidence.
Working Hours, Overtime and Working-Time Equalisation
As a general rule, the maximum weekly working time is forty-five hours. Work performed in excess of forty-five hours is considered overtime and is paid at a rate increased by fifty per cent for each hour. Where the weekly working time has been set by contract at less than forty-five hours, work exceeding the agreed working time but not exceeding forty-five hours constitutes work in excess of normal working hours and is paid at a rate increased by twenty-five per cent.
The law prescribes an annual upper limit for overtime work: the total overtime hours may not exceed 270 hours in a year. This limit applies to the individual worker, not to the workplace. As a rule, the worker’s consent is required before overtime may be imposed; the relevant regulation requires that such consent be given in writing and be obtained either at the time the employment contract is concluded or when the need arises, and that it be kept in the worker’s personnel file. The worker may withdraw their consent by giving the employer 30 days’ prior written notice. No consent is required for overtime performed due to compelling reasons or in extraordinary circumstances.
The law also introduces the possibility of averaging: by agreement of the parties, the normal weekly working hours may be distributed unevenly over the working days of the week, provided that the daily working hours do not exceed eleven hours. The requirement that the agreement be in writing is set out not in the statute but in the relevant regulation. Provided that, within a given averaging period, the worker's average weekly working hours do not exceed the normal weekly hours, working more than forty-five hours in certain weeks will not constitute overtime. That period is, as a rule, two months and may be extended to up to four months by collective bargaining agreements; the mere existence of a collective agreement is not sufficient — the agreement must contain a provision to that effect. As regards the tourism sector, the statute prescribes a longer averaging period, extending it to four months, or to six months by collective agreement. The eleven-hour daily limit is in any event mandatory; averaging does not allow working hours to be intensified without limit. Since the statute does not define the term "tourism sector", whether a particular workplace falls within that scope is assessed on a case-by-case basis.
The duration of annual paid leave is staggered according to length of service: it may not be less than fourteen days for employees whose period of service ranges from one year up to and including five years, twenty days for those with more than five but less than fifteen years of service, and twenty-six days for those with fifteen or more years of service. In addition, leave granted to employees aged eighteen or younger and to those aged fifty or older may not be less than twenty days. These periods may be increased by agreement; the right to leave may not be waived. While the employment contract continues, leave not taken does not convert into pay; such a claim arises only upon termination of the employment relationship for any reason, calculated on the basis of the wage applicable at the date of termination, and the limitation period also begins to run from that date.
Interest rates differ between the various heads of claim. Where severance pay is not paid on time, the law provides that the highest rate of interest applicable to deposits shall be awarded for the period of delay; the same rate applies to wages not paid when due. For other items, such as payment in lieu of notice, the general provisions apply. This distinction directly affects the total amount that can be claimed where receivables have remained unpaid for a long period; since interest rates change periodically, the calculation should be made at the current rates.
Step-by-Step Process
How Does an Employment Dispute Proceed?
Termination, Notice and Documents
The moment the employment relationship ends is when the statutory time limits begin to run. At this stage, it is decisive whether the notice of termination was made in writing, whether the reason for termination was stated clearly and unequivocally, whether the employee was afforded the right to submit a defence, and when the notice was served. The manner in which notices are to be given was revised in 2025: notices prescribed by law must be served on the relevant person in writing and against signature, or through a registered electronic mail (KEP) account, provided that the employee has given written consent. Notices that will result in the termination of the employment contract must in any event be made in writing; if the person to whom the written notice is given does not sign it, this fact shall be recorded in a report at the place where the notice is given. The costs of using the KEP system are borne by the employer.
During the initial assessment, notifications of employment commencement and termination, service records, payslips, bank records, attendance records and, where available, the written employment contract and termination notice are reviewed together. The contents of the release document and payment documents signed upon leaving the workplace, as well as the items they cover, are examined separately.
The right to terminate the employment contract with immediate effect on the ground of a breach of the rules of morality and good faith is subject to time limits: the statute requires this right to be exercised within six working days of the employer learning of the act and, in any event, within one year of the act occurring. These are forfeiture periods; once they expire, the right to terminate is extinguished. If the employee has obtained a financial benefit from the act, the one-year period does not apply; however, the six-working-day period applies in all cases.
Mandatory Mediation
In actions brought on the basis of statute or an individual or collective employment agreement to claim amounts or compensation owed to an employee or employer, or to seek reinstatement, prior recourse to mediation is a condition of bringing an action. This also covers actions for annulment of objection, negative declaratory actions and restitution actions relating to those amounts and compensation. An action brought without recourse to mediation is dismissed on procedural grounds because this condition has not been satisfied; the dismissal decision is served on the parties ex officio, and an application may be made to a mediator within two weeks of service of the dismissal decision once it has become final. The limitation period is suspended and statutory forfeiture periods do not run from the date of application to the mediation office until the date on which the final report is drawn up; accordingly, documenting the date of application is decisive when calculating time limits. A party who fails to attend the first meeting without a valid excuse is liable for half of the litigation costs that the opposing party would otherwise be required to pay, even if that party is found to be wholly or partly justified in the proceedings. By contrast, the statute excludes from this condition of bringing an action claims for pecuniary and non-pecuniary damages arising from a work accident or occupational disease, together with related declaratory, objection and recourse actions; in such cases, an action may be brought directly without mediation.
Bringing a claim for invalidity of the termination is subject to a statutory time limit that extinguishes the right: an application must be made to a mediator within one month of the date on which the notice of termination was served. If this time limit is missed, the claim can no longer be brought.
If an agreement is reached during the mediation phase, the agreement document is deemed to have the force of a final judgment once an enforceability endorsement is issued. However, if the document has been signed jointly by the parties, their attorneys, and the mediator, it has the force of a final judgment without requiring such an endorsement; nevertheless, since in employment disputes the parties may participate in the negotiations in person, through their legal representatives, or through their attorneys, and an employee authorised by the employer in writing may also represent the employer and sign the final minutes, this exception requiring the joint signature of attorneys does not apply in every case. Moreover, since no further action may be brought regarding the matters agreed upon, the scope of the items covered by the agreement document should be carefully considered before it is signed.
If no settlement is reached, the final minutes are drawn up. An action seeking a declaration that the termination is invalid and reinstatement must be brought within two weeks of the date on which the final minutes are drawn up; if the parties agree, the dispute may, within the same period, be referred to a private arbitrator instead of the labour court. By contrast, no such two-week period is prescribed for claims concerning employment receivables; the applicable limitation periods apply instead.
Legal Proceedings, Evidence and Expert Witnesses
The procedure to be followed where the exact amount of a claim cannot be determined at the time of filing an action changed in 2026: following the repeal of the provision on actions for unquantified claims and the addition of a paragraph to the provision on partial actions, where only part of a claim is pursued, the amount claimed may be increased once in the same action, until the end of the examination stage and without being subject to the prohibition on extending the claim; in such a case, limitation is deemed to have been interrupted, in respect of the increased portion as well, as from the date of filing. Since this amendment directly affects the procedure applicable in particular to overtime and severance-pay claims, the current statutory text should also be checked before an action is filed.
During the proceedings, the existence and duration of the employment relationship, the amount of remuneration, working hours and the grounds for termination are each separate matters to be proved. Payroll records, social security records, attendance sheets, workplace entry and exit records, messages and correspondence, together with witness statements, are assessed collectively.
Where claims for overtime and weekly rest-day entitlements are based solely on witness testimony, courts may reduce the amount calculated. By contrast, where overtime is established through written records, such as workplace entry and exit logs or time sheets, no such reduction is made. Accordingly, collecting written records directly affects the amount of the claim.
As regards the calculation of the receivable, the court may order an expert examination; it is important to object to the expert report within the prescribed time limit.
Judgment, Legal Remedies and Enforcement of Sentences
The legal remedies available against judgments of the labour courts are governed, by virtue of the reference made in the Labour Courts Law, by the provisions of the Code of Civil Procedure concerning legal remedies. The time limit for applying for appellate review is two weeks and begins to run from service of the judgment. However, judgments in property-related cases whose amount or value does not exceed the monetary threshold prescribed by law are final and cannot be appealed; in actions for non-pecuniary damages, appellate review is available regardless of the amount.
As regards appeals on points of law, the law excludes certain cases from this avenue by listing them. In particular, in actions challenging termination notices brought under Law No. 4857, namely reinstatement actions, and in actions seeking the annulment of disciplinary penalties imposed by the employer under a collective labour agreement or workplace regulations, the regional court of appeal’s decision is final. The time limit for an appeal on points of law is also two weeks, and both the monetary thresholds and subject-matter limitations apply. For decisions in which the regional court of appeal partially or wholly allows the appeal and rules afresh on the merits, appealability is subject to a separate criterion under the amendment that entered into force on 31 July 2026. This criterion does not apply to reinstatement actions or actions seeking the annulment of disciplinary penalties, in which appeals on points of law are excluded by law. The monetary thresholds are updated annually in line with the revaluation rate, and the amount applicable on the date the action was filed is taken as the basis; therefore, the current threshold should be checked separately in each individual case.
If an action for reinstatement is upheld, the worker must apply to the employer within ten working days of being served with the final and binding judgment. Whether the employer reinstates the worker within one month of that application determines the consequences of the judgment. Failure to comply with these deadlines affects what may be claimed even where the action has been decided in the worker’s favour.
The Type of Termination Determines the Outcome
Circumstances in Which an Employment Contract Ends
Immediate Termination for Just Cause
The law grants the employer the right to terminate the employment contract immediately, without waiting for the notice period to expire, in cases involving health reasons, conduct contrary to the rules of morality and good faith, or compelling reasons, or where the employee’s absence due to arrest or detention exceeds the notice period.
Of these grounds, only termination on the basis of a breach of the rules of morality and good faith deprives the employee of the right to severance pay. In the other three cases, the employee is entitled to severance pay. In all of these cases, termination takes effect immediately and no notice period is required; accordingly, notice pay does not arise. Notice pay arises only in a termination with notice, as a debt owed by the party that fails to comply with the notice requirement.
The right to terminate based on conduct contrary to the rules of morality and good faith is subject to time limits: it must be exercised within six working days of the act being learned of and, in any event, within one year of the act occurring. In addition, the act constituting the grounds for termination must be set out specifically. The law makes the obligation to obtain the employee’s defence applicable to terminations based on reasons relating to the employee’s conduct or performance, while expressly preserving the right to terminate on this basis; nevertheless, documenting the incident in a written record and obtaining the employee’s defence are important for evidentiary purposes.
Termination with Notice for a Valid Reason
Termination of the employment contract of an employee covered by job security by the employer requires a valid reason. Such reasons include those arising from the employee’s qualifications or conduct, or from the requirements of the business, workplace or job.
The statute further enumerates the circumstances that shall not constitute a valid reason: membership of a trade union or participation in trade union activities outside working hours or, with the employer's consent, during working hours; acting as a workplace trade union representative; applying to administrative or judicial authorities against the employer, or taking part in proceedings already initiated, in order to pursue rights arising from legislation or contract or to perform obligations; race, colour, sex, marital status, family obligations, pregnancy, childbirth, religion, political opinion and similar grounds; failure to report for work during periods when the employment of female workers is prohibited; and temporary absence from work due to illness or accident during the waiting period prescribed by law. Since a dismissal based on such grounds does not rest on a valid reason, the invalidity of the dismissal may be asserted.
In this type of termination, the notice period is observed or payment in lieu of notice is made; severance pay is also paid if the relevant conditions are met. Under the law, the burden of proving that the termination is based on a valid reason lies with the employer.
Termination and Resignation for Just Cause
An employee may terminate the employment contract with immediate effect where there are health-related grounds, circumstances contrary to the rules of morality and good faith, or compelling reasons. The failure to calculate or pay wages in accordance with statutory provisions or the terms of the contract is expressly listed among the circumstances contrary to the rules of morality and good faith; in such cases, the dispute concerns not the legal characterisation but proof of whether payment was made. Whether circumstances such as the underpayment of social security contributions fall within this scope is determined on a case-by-case basis. As regards a substantial change in working conditions, the law prescribes a separate procedure: the change may be made only by notifying the employee in writing; changes not made in accordance with this requirement and not accepted by the employee in writing within six working days do not bind the employee. If the employee does not accept the change within this period, the employer may terminate the contract by explaining in writing that the change is based on a valid reason and complying with the notice period; the employee may bring an action challenging the validity of the termination under the applicable provisions. If the employee terminates the contract immediately for just cause, they become entitled to severance pay; if the existence of just cause cannot be proved, the termination has the same consequences as a resignation. Notice pay, which depends on compliance with the notice period, does not arise in favour of either party in such a case.
Conversely, a resignation letter submitted without stating grounds does not, as a rule, give rise to a right to severance pay. It may be alleged that the resignation letter was signed under duress; proving such an allegation is a separate matter, and the content of the resignation letter is significant in this regard.
Termination by Mutual Agreement, Retirement and Military Service
Termination by mutual agreement (ikale) is the termination of the employment contract by the parties by mutual consent. It is a legal arrangement not regulated by statute, based on freedom of contract, the limits of which have been defined by judicial decisions. In assessing the validity of the agreement, the courts examine whether it provides the employee with a reasonable benefit; where the offer comes from the employer, the employee must receive an additional benefit beyond his or her statutory rights. Where the employment relationship ends by mutual agreement, the employee cannot benefit from employment protection provisions; severance pay and notice pay do not arise by operation of law and may be claimed only if agreed in the termination agreement. Termination by mutual agreement is also not among the grounds for termination that entitle an employee to unemployment benefits. Therefore, the nature of the signed document is decisive.
The statute further provides that an employee is entitled to severance pay if he or she terminates the employment contract due to compulsory military service or in order to receive an old-age, retirement or invalidity pension, or a lump-sum payment, from the institution or fund with which he or she is affiliated. In the case of a pension or lump-sum payment, the employee must document having applied to the relevant institution in order to rely on this entitlement. This entitlement also arises where an employee who has completed the insurance period and the required number of premium-payment days for an old-age pension, excluding the age requirement, voluntarily leaves employment; in practice, completion of these conditions is evidenced by a letter obtained from the social security institution. For a female employee, this entitlement is conditional on voluntarily terminating the contract within the one-year period prescribed by statute, running from the date of marriage. These cases are exhaustively listed in the statute. If the employee dies, any severance pay to which the employee had become entitled is paid to his or her legal heirs.
For the employer
Employer Obligations and Pre-Termination Assessment
In employment disputes, the employer’s position is also affected by record-keeping and procedural obligations that arise before dismissal. The existence of a written employment contract, the recording of working hours, the payment of wages and overtime through bank transfers and in accordance with payroll records, and the documentation of annual leave using signed leave records affect the ability to prove one’s case in subsequent proceedings.
The burden of proving that the termination was based on a valid reason rests with the employer by law. In a termination based on just cause, the burden of proving the existence of that cause likewise rests, under the general rule on the burden of proof, with the employer asserting it. Accordingly, before termination, it is important to document the specific incident in a report and to issue the written notice of termination in a manner that states the reason clearly and precisely. In terminations based on the employee’s conduct or performance, obtaining the employee’s defence is legally required. In terminations based on the requirements of the enterprise, workplace or work, however, there is no such requirement; court decisions require that the relevant criteria have been predetermined and that termination be demonstrated to be the last resort.
Occupational health and safety obligations constitute a separate area. Employers are legally required to ensure the occupational health and safety of their employees. In this context, they must carry out or commission a risk assessment, inform employees and provide them with training, determine the measures to be taken and the protective equipment to be used, and provide occupational health and safety services.
The scope of these obligations and the manner in which they are performed vary according to the hazard class of the workplace and the number of employees; the requirements concerning the appointment of occupational safety specialists, occupational physicians and other health personnel, as well as the circumstances in which the employer may provide these services itself, are determined on the basis of these criteria. The services may be provided by assigning personnel at the workplace or by obtaining services from joint health and safety units or employee health centres. The cost of occupational health and safety measures may not be passed on to employees. Failure to fulfil these obligations gives rise not only to administrative sanctions but also to consequences in terms of compensation and criminal liability in the event of an occupational accident.
In workplaces employing foreign nationals, the obligation to obtain a work permit is assessed separately. Employing a foreign national without a work permit results in an administrative fine being imposed on the employer or the employer’s representative for each such foreign national; if the same act is repeated, the fine is doubled. In addition, the employer is obliged to cover the accommodation expenses of the foreign national employed without a permit and, where applicable, the foreign national’s spouse and children, the costs necessary for their return to their country or countries of origin and, where necessary, their healthcare expenses; this obligation is separate from the administrative fine.
The mediation stage also has consequences for the employer. Since no separate action may be brought in respect of the matters agreed upon, clearly specifying which items the settlement document covers may affect whether other claims arising from the same employment relationship can subsequently be brought.
Occupational accident and occupational disease
Legal Consequences of Occupational Accidents
An occupational accident is an event that occurs in one of the circumstances exhaustively listed in the statute and that renders the insured person physically or mentally disabled, either immediately or subsequently. In this regard, the statute lists events occurring: while the insured person is at the workplace; in connection with work being carried out on behalf of the employer; during periods when the insured person, having been sent to another place outside the workplace on duty, is not performing his or her principal work; during periods allocated to a female insured person who is breastfeeding to feed her child; and while travelling to the place where the work is performed in a vehicle provided by the employer. An occupational disease, on the other hand, is a temporary or permanent illness, or physical or mental disability, suffered by the insured person due to a recurring cause arising from the nature of the work he or she performs or due to the conditions under which the work is carried out.
The employer is obliged to report a workplace accident immediately to the law-enforcement authorities competent at the place of the accident and to the Social Security Institution within three working days after the accident. In the case of an insured person working independently on his or her own account, the insured person is responsible for making the notification. An occupational disease must be reported to the Institution within three working days of the date on which it becomes known. If the notification is not made within the prescribed period, the temporary incapacity allowance paid to the insured person for the period up to the date of notification is recovered from the employer, and an administrative fine is also imposed. The incident report concerning how the accident occurred, witness statements, occupational health and safety records and, where available, an inspector’s report are documents relied on at subsequent stages.
A workplace accident gives rise to multiple legal consequences, each pursued under separate procedures. Under occupational accident and occupational disease insurance, the Social Security Institution provides the insured with a daily temporary incapacity allowance during the period of temporary incapacity for work, an income for permanent incapacity for work, and, where the insured person dies, income to the beneficiaries, as well as marriage and funeral allowances. In disputes arising from social security legislation, except for claims seeking the determination of periods of compulsory insurance, an application to the Institution must be made before an action is brought; if no response is given within sixty days, the application is deemed rejected, and the period spent applying to the Institution is disregarded when calculating limitation and forfeiture periods.
In addition, claims for pecuniary and non-pecuniary damages based on the employer’s liability are brought before the labour court. These actions fall outside the scope of mandatory mediation as a condition of bringing an action. Pecuniary damages are calculated in accordance with the principles of the law of liability; the parties’ degrees of fault are taken into account, and the recourseable portion of the income awarded by the Social Security Institution is deducted from the damages. Social security benefits that are not subject to recourse, and payments not made for the purpose of performance, may not be deducted from the damages. Payments made for the purpose of performance are, however, set off proportionately. Non-pecuniary damages are not subject to this deduction.
If an occupational accident or occupational disease occurs as a result of the employer’s intent or an act contrary to legislation on the protection of insured persons’ health and occupational safety, the payments made and to be made by the Social Security Institution, together with the first actuarial present value of the income awarded, are recovered from the employer, limited to the amounts that the insured person or the beneficiaries could claim from the employer. In determining the employer’s liability, the principle of unavoidability is taken into account.
In addition, the incident may have a separate dimension under criminal law. The investigation into the offences of causing injury by negligence or causing death by negligence proceeds separately from the damages action and is subject to its own time limits. The effect in the civil court of the criminal court’s finalised findings concerning the underlying facts is assessed separately.
International Matters
Foreign Employees and Employment Relationships with International Connections
The employment of a foreign national worker is subject to a separate regime in terms of the obligations of the employer and the worker. Where the employment relationship has a foreign element, questions also arise as to the applicable law and the competent court.
Types of Work Permits
As a rule, the employment of foreigners in Türkiye is subject to obtaining a work permit. Applications for work permits are submitted either directly to the Ministry within Türkiye or, abroad, to the embassy or consulate general of the Republic of Türkiye in the country of which the foreign national is a citizen or in which they are legally present; applications may also be submitted through an authorised intermediary institution.
A work permit tied to an employer is issued for a maximum period of one year, provided that it does not exceed the duration of the employment or service contract, and authorises employment in a specific workplace or in the workplaces of the same employer in the same line of business. Applications to work for a different employer are treated as initial applications, not as renewals.
The Law further provides for separate permit types, such as indefinite work permits, independent work permits, Turquoise Cards and work permit exemptions. Since these types have different consequences with regard to attachment to an employer and workplace, the type applicable in a given case is determined separately. If a permit application is denied, administrative applications and court proceedings are subject to their own time limits and are separate from any dispute before the labour courts.
Working Without a Work Permit and Its Consequences
Where a foreigner is found to have been employed without a work permit, an administrative fine is imposed on the employer or the employer’s representative for each foreigner. If the same act is repeated, the fine is doubled. A separate administrative fine is also imposed on the foreigner. A foreigner found to be working without a permit is reported to the Ministry of the Interior for deportation; the deportation decision and the ban on entry into Türkiye are implemented in accordance with legislation governing foreigners. These processes are subject to separate procedures, and neither automatically determines the outcome of the other.
The fact that work was performed without a permit does not mean that remuneration for the period worked cannot be claimed. The law provides that an employment contract subsequently found to be invalid produces all the effects and consequences of a valid employment contract until the employment relationship is brought to an end; accordingly, wages and other employment-related claims may be claimed on the basis of the period actually worked. As a rule, the lack of a permit does not affect the validity of the contract; working without a permit is subject to administrative sanctions. However, differing views exist in legal doctrine regarding the employment of a foreign national in work prohibited by law and certain claims depending on the nature of the termination.
Governing Law and Jurisdiction
The law applicable to employment contracts containing a foreign element is determined in accordance with the rules of private international law. Under the law, an employment contract is governed by the law chosen by the parties, without prejudice to the minimum protection that the employee would enjoy under the mandatory provisions of the law of the country where the employee habitually carries out their work. The source of this minimum protection is not the chosen law, but the law of the employee’s habitual place of work; where the habitual place of work is outside Türkiye, this distinction affects the outcome.
If the parties have not chosen the governing law, the law of the place where the employee habitually performs their work shall apply; if the work is temporarily performed in another country, that place shall not be deemed the habitual place of work. If the employee does not habitually work in one specific country but continuously works in more than one country, the law of the country where the employer's principal place of business is located shall apply. However, if it appears from the circumstances as a whole that the contract is more closely connected with another law, that law may be applied, except for mandatory provisions of the law of the place where the work is performed. In cases involving employees posted abroad, the latter two rules are assessed separately.
With regard to jurisdiction, the statute gives jurisdiction to the courts at the place where the employee habitually performs their work for disputes arising from an individual employment contract or employment relationship; it also gives jurisdiction to Turkish courts at the employer's domicile and at the employee's domicile or habitual residence in actions brought by the employee against the employer. This jurisdiction cannot be excluded by agreement between the parties; even if the contract designates a foreign court as having jurisdiction, this does not prevent the employee from bringing an action in Turkey. Under domestic law, jurisdiction agreements that conflict with the jurisdiction of labour courts are also invalid. The validity of an arbitration clause, however, is assessed separately depending on whether the dispute is arbitrable.
Documents, Service of Process and Foreign Judgments
For documents issued abroad to be used in Turkey, proper legalisation and a certified translation are required. If the state from which the document originates is a party to the Apostille Convention, an apostille certificate suffices and no additional consular legalisation is required; if it is not a party, consular legalisation is necessary. Bilateral judicial assistance treaties may provide for exemption from legalisation; therefore, in each case, the status of the relevant state is checked separately.
Service of process on a party residing abroad is, as a rule, effected through the competent authority of that state. If the addressee is a Turkish national, service may also be effected through the Turkish embassy or consulate. In that case, once it has been documented that the notice was served on the addressee in accordance with the law of that country, if the addressee does not apply to the embassy or consulate within thirty days of the date of service, service is deemed to have been effected at the end of the thirtieth day. Service abroad does not alter the length of the statutory time limits for making applications; however, as completing service may take a considerable time, the proceedings are prolonged in practice.
The enforceability of a foreign court judgment in Türkiye is conditional upon obtaining an enforcement order (tenfiz) from the competent Turkish court. Recognition (tanıma), on the other hand, enables the judgment to be accepted as conclusive evidence or res judicata and, unlike enforcement, is not subject to the requirement of reciprocity. Enforcement and recognition proceedings are brought as separate actions; however, the court examines the conditions prescribed by law, in particular the exclusive jurisdiction of Turkish courts, any manifest contravention of public policy and the right of defence. Accordingly, the mandatory provisions of employment law may become relevant in the enforcement review. The law designates the civil court of first instance (asliye mahkemesi) as the court with subject-matter jurisdiction; however, since it is disputed whether the labour court has jurisdiction in cases concerning judgments arising from an employment relationship, this issue should be assessed separately before an action is brought.
Assessment criteria
Assessment Criteria in Employment Disputes
The procedure to be followed in employment disputes is determined by how the employment relationship ended, the number of employees working at the workplace, the employee’s length of service and the heads of claim sought. In the initial assessment, the service record, payroll records, bank records, any written employment contract and the termination notice, together with any time limits that have begun to run, may be considered.
The one-month application period and the two-week time limit for bringing proceedings applicable when an employee seeks to challenge the validity of a dismissal, together with the scope of severance pay, notice pay and other employment claims and the available evidence, are assessed on a case-by-case basis. For the employer, the pre-dismissal procedural steps, record-keeping obligations and burden of proof are likewise assessed in light of the specific case.
In tourism businesses operating on a seasonal basis, the nature of seasonal employment contracts, end-of-season terminations, the application of compensatory working time, the weekly rest regime and the calculation of overtime are of particular importance. In cases involving foreign employees, work permit obligations, as well as questions of applicable law and jurisdiction, are also assessed.
The firm's practice areas include disputes arising from employment law. To request a consultation, you can reach us via the contact page.
FAQs
Frequently Asked Questions
I have been dismissed. What should I do, and within what time limit?
With regard to asserting the invalidity of the termination, the law prescribes two separate time limits, both of which are forfeiture periods. First, an application must be made to a mediator within one month from the date on which the notice of termination was served. If no settlement is reached in mediation, an action must be brought before the labour court within two weeks from the date on which the final report was issued. If either of these time limits is missed, the claim cannot subsequently be brought. However, the limitation period is suspended, and the forfeiture period does not run, during the period between the application to the mediation office and the date on which the final report is issued. As regards severance pay, notice pay and other employee receivables, a limitation period applies rather than a forfeiture period; no two-week period for bringing an action from the date of the final report is prescribed for such receivables. It is therefore important to document the date on which the notice of termination was served.
What is the limitation period for employee receivables?
For severance pay, notice compensation, bad-faith termination compensation, compensation arising from termination in breach of the principle of equal treatment, and annual leave pay, the law provides for a five-year limitation period. The limitation period is also five years for claims for wages, overtime and holiday pay. By contrast, claims for pecuniary and non-pecuniary damages arising from an occupational accident or occupational disease fall outside the scope of this provision and are subject to the limitation periods under the general provisions; accordingly, the length and commencement of the period must be determined separately depending on the basis of the claim. As regards annual leave pay, the limitation period begins to run from the date on which the employment contract terminates.
Can I receive severance pay if I resign?
As a rule, resignation tendered without stating grounds does not give rise to a right to severance pay. However, the law exhaustively lists the circumstances entitling an employee to severance pay: cases where the employee exercises the right to terminate the employment contract for just cause; departure to perform compulsory military service; departure in order to receive an old-age, retirement or invalidity pension or a lump-sum payment; voluntary departure after completing the required insurance period and number of premium payment days, other than the age requirement; a female employee’s voluntary termination of the contract within one year of the date of her marriage; and the employee’s death. Where remuneration is not calculated or paid in accordance with the law or the contract, this is expressly listed in the law as a ground for termination for just cause; the issue here is not the legal characterisation but proof. In the event of a fundamental change in working conditions, whether the change is binding on the employee is determined according to the procedure requiring written notice and written acceptance within six working days. Therefore, the content and grounds of the resignation letter directly affect any claims that may subsequently be asserted.
Can I file a lawsuit without going to mediation?
In actions brought by an employee or employer for employment-related receivables or compensation, or seeking reinstatement, applying to a mediator is a condition precedent to bringing an action; an action filed without fulfilling this condition is dismissed on procedural grounds. The dismissal decision is served on the parties ex officio, and an application may be made to a mediator within two weeks of service of the dismissal decision once it has become final. In contrast, actions for pecuniary and non-pecuniary damages arising from occupational accidents or occupational diseases, as well as related actions for determination, objection and recourse, are exempt from this condition precedent and may be brought directly. If an agreement is reached, the agreement document is deemed to be a document having the force of a judgment once a certificate of enforceability has been issued; however, no such certificate is required if the document has been jointly signed by the parties, their attorneys and the mediator. Since no separate action may be brought regarding matters agreed upon, the items covered by the document should be assessed before it is signed.
How can I prove that I worked overtime?
The burden of proving overtime work lies with the employee, and it may be established by any means of evidence. Workplace entry and exit records, time sheets, bank records, messages and correspondence, and witness statements are assessed together. In cases based solely on witness statements, courts may reduce the calculated amount; however, no such reduction is made where overtime is demonstrated by written evidence. If the signed payroll includes an overtime accrual and was signed without a reservation, it is generally not possible to assert that more overtime was worked than shown on the payroll. In workplaces where working-time equalisation is applied, the calculation is made on the basis of the equalisation period.
I work seasonally in the tourism sector; does my employment ending at the end of the season count as termination?
In seasonal work, the employment relationship is as a rule not terminated at the end of the season but suspended. Court decisions accept that suspension alone does not constitute termination; termination occurs when the worker is not called back to work at the beginning of the following season, in which case related claims arise. Length of service is calculated by aggregating the seasons, and suspension periods between two seasons are not included in the length of service. As regards annual paid leave, the law provides for two separate exceptions: the leave provisions do not apply to workers employed in seasonal or campaign work lasting less than one year by its nature, nor to workers employed in discontinuous work lasting at most thirty working days by its nature; if the work actually continues throughout the year or exceeds one year, calling the work “seasonal” does not eliminate the right to annual leave. Furthermore, in the tourism sector, the reference period is set longer, so overtime is calculated under that regime. As for the weekly rest day, a tourism-specific regulation was introduced in 2025: in accommodation facilities holding a tourism establishment certificate issued by the Ministry of Culture and Tourism, the weekly rest day to which the worker is entitled may, upon the worker’s written request or consent, be taken within four days following the day on which it is earned. In that case, the portion of work performed on the earned weekly rest day that corresponds to the normal daily working hours is not taken into account in the calculation of overtime. The worker may withdraw the consent given by notifying the employer in writing thirty days in advance.
I suffered a work-related accident; can I bring claims against both the Institution and my employer?
These two avenues are separate and may be pursued together. Temporary incapacity allowance, permanent incapacity income and, in the event of death, income paid to eligible beneficiaries are provided by the Social Security Institution; in this respect, applying to the Institution before bringing an action is mandatory. Claims for pecuniary and non-pecuniary damages based on the employer’s liability are brought before the labour court and fall outside the scope of mandatory mediation as a precondition to bringing an action. In calculating pecuniary damages, the respective degrees of fault are taken into account, and the part of the income paid by the Institution that is subject to recourse is deducted; non-pecuniary damages are not subject to this deduction. If the accident occurred as a result of the employer’s intent or a breach of occupational health and safety legislation, the Institution may exercise a right of recourse against the employer, limited to the amounts that the insured person or eligible beneficiaries could claim from the employer. The principle of unavoidability is taken into account in determining the employer’s liability. The incident may also have a separate dimension under criminal law, and that process operates according to its own time limits.
The statements on this page are provided for general information only and do not constitute legal advice or a legal opinion. Since the circumstances of each specific case differ, any legal assessment should be made on the basis of the particular case.
The information on this page is published, within the framework of the Turkish Bar Association Regulation on the Prohibition of Advertising, for the purpose of informing about the areas in which the firm operates, and does not imply specialisation or constitute solicitation of business.
Neither viewing this page nor contacting the firm through the links or contact details provided on this page creates an attorney–client relationship between the attorney and the applicant, nor does it imply that the matter has been accepted.
The information on this page and the relevant time limits have been prepared in accordance with the legislation in force as of 4 September 2026. As legislation may change, time limits must in any case be calculated in accordance with the current statutory text.
The legal route to be followed in employment law disputes may vary depending on the employment relationship, the ground for termination, the documents available and the rights being claimed. It is therefore important to assess the matter in all its aspects at the outset, carefully monitor the applicable time limits to avoid forfeiture of rights, and make the necessary applications in a timely manner.
Merve Kartal
attorney at law