Every employer operating in Turkey—whether a local enterprise or a foreign-invested company—has a legal obligation to maintain accurate, complete, and timely documentation for every employee on its payroll. These obligations are not merely administrative. They are enforceable under the Turkish Labor Law No. 4857, Social Security Law No. 5510, and Occupational Health and Safety Law No. 6331. Non-compliance can lead to serious sanctions during inspections by the Ministry of Labor, Social Security Institution (SGK), or tax authorities.
At ER&GUN&ER Law Firm, we support companies of all sizes in preparing, updating, and auditing their employee files in full accordance with Turkish labor law compliance standards. Our English Speaking Turkish Lawyers work with international HR teams, local accountants, and corporate executives to establish clear document protocols that not only meet legal standards but also reduce litigation risk. As the best lawyer firm in Turkey for labor law consultancy, we provide preventive legal architecture for your workforce records—before any inspection or dispute arises.
Why Are Employee Files Mandatory Under Turkish Law?
Employee files serve multiple legal functions. They are the employer’s formal record of the employment relationship, including contract terms, wage agreements, disciplinary measures, health and safety compliance, and termination reasons. In the event of a dispute—such as a wrongful dismissal claim, unpaid overtime allegation, or social security audit—these documents become the primary source of legal evidence.
Under Turkish law, employee files are expected to be:
- Accurate and up to date
- Physically or electronically accessible at the workplace
- Consistent with payroll, SGK, and İŞKUR declarations
- Retained for a period of 10 years after contract termination
Failure to provide complete files upon request by inspectors may lead to fines under Law No. 4857 and reputational damage in compliance scoring systems. Our Turkish Law Firm conducts internal audits, prepares employee documentation templates, and trains HR managers to ensure legal sufficiency.
Mandatory Documents for Each Employee File in Turkey
The following documents must be included in every employee file, regardless of company size, sector, or employment type:
- Signed employment contract (hizmet sözleşmesi)
- Photocopy of Turkish ID card or foreign passport
- Address declaration form (ikametgah belgesi)
- Job application and resume
- Social security registration form (SGK işe giriş bildirgesi)
- Medical report and health check certificate (işe giriş sağlık raporu)
- Occupational safety training record (İSG eğitimi)
- Bank account details for salary payments
- Signed wage slips (ücret bordrosu)
- Annual leave forms and usage records
Our English Speaking Turkish Lawyers provide standardized templates for each document, prepare bilingual employment agreements where foreign workers are involved, and ensure alignment with social security and payroll declarations to avoid contradictions or errors.
Optional but Legally Recommended HR Documents
In addition to the mandatory documents required by Turkish labor and social security legislation, employers are strongly advised to include a range of supplementary records in each employee file. These documents help reinforce the employer’s legal defense in the event of administrative audits or labor court claims. They also support internal consistency between HR, finance, and compliance departments.
Recommended documents include:
- Job description and scope of duties (görev tanımı)
- Performance evaluations and KPI records
- Training participation forms and certificates
- Warning letters or disciplinary notices
- Expense reimbursement forms and company property delivery records
- Resignation letters or termination notifications
- Exit interview forms and handover documentation
- Non-compete and confidentiality agreements
- Insurance notifications and disability reports (if applicable)
As the best lawyer firm in Turkey for HR documentation strategy, we advise corporate clients on how to build a legally defensive employee file architecture that minimizes ambiguity, protects the employer's position, and complies with Turkish employment legislation.
Data Privacy (KVKK) Compliance in Employee Documentation
All documents in an employee file that include personal data are subject to the Turkish Personal Data Protection Law (KVKK). This means that employers must:
- Obtain written consent for data collection and processing
- Inform employees of their data rights under KVKK
- Store records securely and limit access to authorized personnel
- Retain data only as long as legally required
- Provide clear privacy statements in employment contracts and HR policies
Our English Speaking Turkish Lawyers ensure that all HR documentation templates comply with KVKK Article 10 obligations and that personal data processing activities are aligned with GDPR where applicable for international operations.
What Happens During a Labor Inspection?
The Ministry of Labor in Turkey may conduct scheduled or unannounced inspections at any workplace. Inspectors typically ask to review employee files for compliance with employment, occupational safety, and social security obligations. The most frequently inspected elements include:
- Signed contracts and work permits for foreign nationals
- Wage records and bank transfer documentation
- Proof of social security registration and premium payment
- Occupational safety training and medical reports
- Vacation and overtime tracking
Failure to produce requested documents may result in fines under Article 104 of Labor Law No. 4857 or administrative reporting to tax and SGK authorities. Our Turkish Law Firm prepares companies for inspections through HR file audits, compliance reports, and document management systems that meet all legal thresholds.
Legal Risks of Incomplete or Missing Employee Documents
When employee records are incomplete or inconsistent with other legal filings, employers face heightened exposure in labor lawsuits. Typical disputes include:
- Claims for unpaid overtime without proper tracking documents
- Wrongful termination lawsuits without disciplinary or performance history
- Severance pay disputes with missing wage calculation records
- Occupational accident cases lacking safety documentation
Our English Speaking Turkish Lawyers represent companies before Labor Courts (İş Mahkemesi), prepare court-ready documentation, and build evidence packages based on compliant employee file content to minimize the risk of financial penalties or reinstatement judgments.
FAQ: Employee File Compliance Under Turkish Labor Law
- Q1: What is the minimum document set for each employee?
At a minimum, you must include the employment contract, ID copy, SGK entry, health report, and signed wage records. - Q2: Can I keep digital employee files in Turkey?
Yes. Electronic archiving is permitted, but access control, backup, and audit trail requirements must be satisfied under KVKK. - Q3: How long should I retain employee documents?
Ten years after termination, in accordance with Labor Law and the Code of Obligations. - Q4: Is it mandatory to include disciplinary notices?
Not by law, but without them, employer defenses in dismissal lawsuits are weak. - Q5: What if the employee refuses to sign some documents?
Witness signatures, notarial notices, or documented communication can be used to replace signatures legally. - Q6: Are HR files subject to data protection laws?
Yes. All personal and sensitive data in employee records fall under the Personal Data Protection Law (KVKK). - Q7: Should I update the file during employment?
Yes. Contracts, wages, health checks, and permissions must be updated as events occur. - Q8: What are the penalties for missing documents?
Fines vary by missing element, but can reach 30,000 TRY or more in case of repeated violations. - Q9: Can I create employee files in English?
Documents must be in Turkish. Bilingual forms are permitted for foreign employees. - Q10: Can a Turkish Law Firm help us audit our employee files?
Absolutely. We provide full HR documentation audits, risk reports, and update templates for all industries.
Ensure Compliance with Employee Documentation Through a Turkish Law Firm
Managing a workforce in Turkey without a legally compliant HR documentation system exposes employers to major regulatory, financial, and reputational risks. From routine labor inspections to complex employment litigation, your best defense is a fully documented, standardized, and audit-ready employee file system.
At ER&GUN&ER Law Firm, we support HR departments and business owners in designing and maintaining employee files that meet the highest standards of Turkish labor law compliance. Our English Speaking Turkish Lawyers offer bilingual templates, hands-on training, inspection simulations, and full legal representation in labor and administrative disputes. As the best lawyer firm in Turkey for corporate labor law, we ensure that your documentation protects—not exposes—your business.