Turkish labor law is primarily codified in the Labor Code (İş Kanunu, Law No. 4857), which governs employment relationships in workplaces with at least one employee, and supplemented by the Turkish Code of Obligations (TBK) for employment relationships that fall outside the Labor Code's scope (certain categories of workers, service contracts), the Occupational Health and Safety Law (İş Sağlığı ve Güvenliği Kanunu, Law No. 6331), and the Social Insurance and General Health Insurance Law (Law No. 5510) for social security obligations. The Labor Code is mandatory law — parties cannot contract out of its protections in a way that reduces the employee's entitlements below the statutory minimum. This means that employment contracts, workplace policies, and collective agreements can improve on the Labor Code's provisions for employees but cannot reduce them: a clause in an employment contract purporting to waive severance entitlement, shorten the statutory minimum notice period, or exclude overtime compensation is void to the extent it conflicts with the Code. The Ministry of Labor and Social Security's official guidance and current minimum wage determinations are accessible at csgb.gov.tr. This page sets out how we advise and represent employers, employees, and foreign workers across the main categories of Turkish labor law work.
Employment contracts and statutory requirements
A lawyer in Turkey advising on employment contract drafting must explain that the Labor Code does not require employment contracts to be in writing for indefinite-term employment relationships — an oral employment contract is legally valid. However, the Code does require a written contract for fixed-term employment (belirli süreli iş sözleşmesi), and any employer who cannot produce a written contract when required by the employee or by a labor inspector must provide the employee with a written statement of the employment terms within two months of the employment commencing. The practical implication is that employers who rely on oral or unsigned arrangements face a significant evidentiary disadvantage in any subsequent dispute about the terms of the employment — because the employee's account of the agreed terms will carry equal weight in the absence of a written record. We recommend written contracts for all employment relationships regardless of the statutory requirement. Practice may vary by authority and year — verify current Labor Code written contract requirements and the specific documentation that must be provided under the two-month written statement obligation before finalizing HR onboarding procedures.
An Istanbul Law Firm advising on employment contract content must explain that while the Labor Code sets mandatory minimum standards that apply regardless of contract terms, there are important optional provisions that employers should address explicitly to avoid ambiguity: non-compete clauses (rekabet yasağı), confidentiality obligations, intellectual property assignment, remote work arrangements (uzaktan çalışma), working hours and shift arrangements, and the location of the employee's workplace where the employer operates from multiple sites. Non-compete clauses are enforceable in Turkey under TBK Articles 444-447 subject to specific conditions — they must be limited in duration (maximum two years post-termination), geographic scope, and the category of competing activities, and they are only valid for employees with access to the employer's customer base, trade secrets, or production methods. A non-compete clause that exceeds these limits is not automatically void — a Turkish court will narrow it to the enforceable scope rather than striking it entirely. Practice may vary — verify current Turkish court interpretations of non-compete scope limitations and the specific conditions required for enforceability before drafting non-compete provisions in any employment contract.
Termination and statutory notice periods
A law firm in Istanbul advising on employment termination must explain that the Labor Code creates a fundamental distinction between termination for valid reason (geçerli neden) and termination for just cause (haklı neden) — a distinction that determines both the procedural requirements and the financial consequences of the termination. Termination for valid reason (such as poor performance, inability to adapt to workplace conditions, or economic/organizational/technological reasons) requires: advance written notice of the termination; observance of the minimum statutory notice period based on seniority (two weeks for less than six months of service, four weeks for six months to one and a half years, six weeks for one and a half to three years, and eight weeks for more than three years of service); payment of severance indemnity (kıdem tazminatı) to employees with at least one year of service; and where the employer employs 30 or more workers and the employee has at least six months of service, the right to challenge the termination before a labor court or arbitrator as a reinstatement claim (işe iade davası). Termination for just cause (such as dishonesty, violent conduct, or unauthorized absence) allows immediate termination without notice or payment — but the employer bears the burden of proving the just cause ground in any subsequent labor court claim. Practice may vary by authority and year — verify current statutory notice period thresholds and the specific conduct categories recognized as just cause by Turkish labor courts before finalizing any termination decision.
An English speaking lawyer in Turkey advising on severance indemnity (kıdem tazminatı) must explain that severance is payable to employees who have completed at least one year of continuous service and whose employment is terminated by the employer for valid reason (but not for just cause attributable to the employee), who resign for specified valid grounds (such as military service, retirement, marriage for women, or health-related reasons), or who die in service. The severance amount is calculated as one month's gross salary (capped at the current legal ceiling applicable at termination) for each completed year of service, with proportional calculation for partial years. The severance ceiling is updated semi-annually and is a frequently changing figure. Practice may vary by authority and year — verify the current semi-annual kıdem tazminatı ceiling from the Ministry of Labor before calculating any severance entitlement, as the ceiling changes every six months and using an outdated figure creates underpayment liability.
Reinstatement claims and labor court proceedings
A Turkish Law Firm advising on reinstatement claim risk must explain that an employee who meets the threshold criteria (working for an employer with 30 or more employees, having at least six months of service, and not holding a senior management position with authority to hire and fire) has the right to challenge any termination that lacks a valid reason before a mandatory mediator, and — if mediation fails — before a labor court. If the court finds that the termination lacked a valid reason, it does not automatically reinstate the employee: it orders the employer to reinstate the employee, and if the employer does not reinstate the employee within one month, the employer must pay job security compensation (iş güvencesi tazminatı) of four to eight months' salary in addition to a payment for the lost wages during the proceeding (up to four months). The practical effect is that even an employer who does not want to reinstate the employee must pay the statutory maximum of four months' back wages plus up to eight months' job security compensation — a significant liability for a termination that was procedurally valid but substantively insufficiently justified. We build the valid reason documentation before the termination is effected, not after — because the documentation assembled at the time of termination is what the court will assess. Practice may vary — verify current reinstatement claim threshold criteria, the specific seniority and employer size calculations, and the current Turkish labor court approach to evaluating documented valid reason evidence before structuring any individual termination.
A lawyer in Turkey advising on mandatory mediation in labor disputes must explain that since 2018, Turkish law has required all labor claims to go through a mandatory mediation process (zorunlu arabuluculuk) before a labor court lawsuit can be filed — and a labor court claim filed without a mediation non-settlement certificate is dismissed on procedural grounds without any assessment of the merits. The mediation process is administered through the Ministry of Justice's mediation system, is time-limited (the initial session must occur within three weeks of the application), and if mediation fails, the mediator issues a non-settlement certificate that gives the claimant one month to file the labor court claim. Mediation in labor disputes is a genuine settlement opportunity — many workplace disputes involving unpaid wages, overtime, and annual leave entitlements are resolved at mediation because both parties save the time and cost of court proceedings. For reinstatement claims specifically, the mediation stage is the first point at which the parties can negotiate a mutual termination package that avoids the uncertainty of a court outcome. Practice may vary by authority and year — verify current mandatory mediation procedural requirements and the specific claim categories subject to mandatory mediation before filing any labor law application.
Social security, working time, and workplace compliance
An Istanbul Law Firm advising on social security compliance must explain that every employer in Turkey is legally obligated to register employees with the Social Security Institution (Sosyal Güvenlik Kurumu, SGK) before the first day of work — not retroactively, and not on the day of registration but before the employee begins working. An employer who registers an employee after the first working day has already committed a delay that creates administrative fine exposure. The employer must also pay monthly SGK premiums comprising both the employer share and the employee share (withheld from the employee's salary), submit monthly SGK declarations by the 23rd of the month following the relevant pay period, and pay the premiums by the end of that month. The current total SGK premium rate (employer plus employee share) is a significant employment cost that must be factored into employment cost modelling. Practice may vary by authority and year — verify current SGK premium rates, the specific premium base calculation methodology, and the current administrative fine schedule for late registration before advising on any employment cost model or SGK compliance program.
A law firm in Istanbul advising on working time compliance must explain that the Labor Code sets a maximum working week of 45 hours. Any hours worked beyond 45 hours per week constitute overtime (fazla çalışma) and must be compensated at 150% of the normal hourly rate (or the employee may choose compensatory time off at 1.5 hours per overtime hour instead of additional payment). Total overtime is capped at 270 hours per year per employee. The Labor Code also requires daily and weekly rest periods, annual leave entitlements based on seniority (14 days for less than five years, 20 days for five to fifteen years, and 26 days for more than fifteen years), and specific protections for night shifts and heavy/dangerous work categories. Employers who exceed overtime limits, fail to pay overtime premiums, or deny statutory annual leave entitlements face labor court claims for the unpaid amounts plus interest. These claims are among the most common in Turkish labor litigation and are frequently filed by employees at termination in conjunction with severance and notice claims. Practice may vary — verify current overtime premium rates and annual leave entitlement thresholds, which are subject to amendment, before finalizing any working time or leave policy.
Foreign workers and expat employment
An English speaking lawyer in Turkey advising on foreign worker employment must explain that foreign nationals who will work in Turkey require a work permit (çalışma izni) issued by the Ministry of Labor and Social Security, except for certain treaty-exempt categories and EU Blue Card holders. The work permit application is typically filed online by the Turkish employer (after the employee has received a visa enabling the work permit application), and requires documentation from both the employer (trade registry certificate, tax registration, financial statements) and the employee (diploma equivalency where required, passport). Work permits are issued for initial periods of one year, then renewable for two years and then for three years. A foreign employee who works in Turkey without a valid work permit — and the employer who employs them — both face administrative fines, and the employee may be deported. Practice may vary by authority and year — verify current work permit application requirements, minimum employer financial criteria (the employer must meet minimum capital and employee ratio requirements), and the specific diploma equivalency documentation required for the relevant occupation before initiating any work permit application.
A Turkish Law Firm advising on cross-border employment arrangements must explain that foreign companies that assign employees to Turkey — whether as seconded employees working for a Turkish group entity, or as employees of a foreign company performing services for Turkish clients — must assess both the work permit obligation and the potential creation of a permanent establishment (sabit işyeri) in Turkey for corporate tax purposes. A seconded employee who has authority to conclude contracts in Turkey on behalf of the foreign employer may create a permanent establishment, triggering Turkish corporate tax liability for the foreign company on the profits attributable to the Turkish presence. We coordinate work permit and employment structuring advice with the tax analysis to ensure that the assignment arrangement meets both the labor law requirements and does not create unintended corporate tax exposure. The foreign worker rights Turkey framework — covering the specific rights of foreign nationals employed under Turkish labor law — is analyzed in the resource on foreign worker rights Turkey. Practice may vary — verify current Ministry of Labor work permit procedures and the current Turkish tax authority approach to permanent establishment through employee activity before structuring any cross-border employment arrangement.
Collective labor law and trade unions
An lawyer in Turkey advising on collective labor law must explain that collective bargaining in Turkey is governed by the Trade Unions and Collective Labour Agreements Law (Sendikalar ve Toplu İş Sözleşmesi Kanunu, Law No. 6356), which defines the conditions under which a trade union can acquire the authority to negotiate a collective agreement on behalf of employees in a specific workplace or sector. A union must demonstrate that it represents at least one percent of total employees in the relevant sector at national level AND more than fifty percent of employees at the specific workplace — both thresholds must be met simultaneously. An employer who dismisses or disadvantages an employee because of their union membership or union activity commits a union discrimination offense, which is sanctioned with a minimum compensation of one year's salary in addition to all other termination entitlements. The labor court claims arising from union discrimination are among the highest-value individual employment claims in Turkish practice. Practice may vary by authority and year — verify current sector-level and workplace-level thresholds for collective bargaining authority and the specific conduct categories that constitute union discrimination under Turkish court interpretation before making any employment decision that could be characterized as union-related.
How we work
A best lawyer in Turkey managing a labor law mandate begins by mapping the applicable statutory framework against the client's actual employment practices — identifying the specific compliance gaps that create litigation exposure before a dispute crystallizes. For employers, this means reviewing existing employment contracts against current Labor Code standards, checking working time records for overtime liability, confirming SGK registration timing for all current and past employees, and assessing termination documentation for any pending or potential reinstatement claim exposure. For employees, it means identifying all the claims they are legally entitled to assert — often including overtime, annual leave, and severance components that the employee has not separately tracked — and assessing the evidentiary strength of each claim before the mediation or court process begins. Practice may vary by authority and year — check current guidance from the Ministry of Labor and Social Security and applicable Turkish labor courts before acting on any employment law analysis, as statutory rates, thresholds, and court interpretation evolve continuously.
ER&GUN&ER advises employers, employees, executives, and foreign workers across the full range of Turkish labor law matters — employment contract drafting and review, termination structuring and documentation, reinstatement claim defense, mandatory mediation representation, labor court litigation, social security compliance and SGK audit response, overtime and annual leave claim management, work permit applications and foreign employment structuring, and collective labor law compliance. We work in English throughout all international mandates and coordinate with HR advisors, payroll specialists, and foreign co-counsel where required. The Istanbul Bar Association at istanbulbarosu.org.tr provides resources for identifying qualified practitioners. Practice may vary — check current guidance before acting on any information on this page.
Frequently Asked Questions
- Are employment contracts required to be in writing in Turkey? Fixed-term contracts must be written. Indefinite-term contracts are legally valid orally, but the employer must provide a written statement of employment terms within two months if no written contract exists. Written contracts are strongly recommended for all relationships.
- What are the minimum statutory notice periods for termination? Under the Labor Code: two weeks for less than six months of service; four weeks for six months to one and a half years; six weeks for one and a half to three years; eight weeks for over three years. Practice may vary — verify current thresholds before issuing any termination notice.
- When is severance indemnity payable? To employees with at least one year of service terminated by the employer for valid reason (but not for just cause attributable to the employee), who resign for specified valid grounds (military service, retirement, marriage for women, health-related reasons), or who die in service. The amount is one month's gross salary (capped at the current legal ceiling) per completed year of service.
- What is the current kıdem tazminatı ceiling? The ceiling is updated semi-annually by the government. Practice may vary — always verify the current ceiling with the Ministry of Labor before calculating severance, as using an outdated figure creates underpayment liability.
- What is mandatory mediation and is it required before labor court? Yes — since 2018, all labor claims must go through mandatory mediation before a court claim can be filed. A court claim filed without a mediation non-settlement certificate is dismissed procedurally. The initial mediation session must occur within three weeks of the application.
- Who can bring a reinstatement claim? Employees with at least six months of service, working for an employer with 30 or more employees, who are not senior managers with hire/fire authority. The claim must be filed within one month of the termination notice. Practice may vary — verify current threshold criteria and the specific seniority calculation methodology.
- What is the maximum overtime per year? 270 hours per year per employee. Overtime must be compensated at 150% of the normal hourly rate or 1.5 hours of compensatory time off per overtime hour.
- Do foreign workers need a work permit in Turkey? Yes — foreign nationals working in Turkey require a work permit from the Ministry of Labor except for treaty-exempt categories. Both the employee and the employer face administrative fines for unregistered foreign employment, and the employee may be deported.
- What are the SGK registration timing requirements? Employees must be registered with SGK before their first day of work — not on the first day, and not retroactively. Late registration creates immediate administrative fine exposure.
- What compensation applies for union discrimination? An employee dismissed or disadvantaged because of union membership or activity is entitled to a minimum of one year's salary as union discrimination compensation, in addition to all other termination entitlements to which they would otherwise be entitled.
Author: Mirkan Topcu is an attorney registered with the Istanbul Bar Association (Istanbul 1st Bar), Bar Registration No: 67874. His practice focuses on cross-border and high-stakes matters where evidence discipline, procedural accuracy, and risk control are decisive.
He advises employers, employees, and foreign workers across Labor Law, Employment Contract Law, Social Security Compliance, and cross-border employment matters where statutory precision and dispute prevention are decisive.
Education: Istanbul University Faculty of Law (2018); Galatasaray University, LL.M. (2022). LinkedIn: Profile. Istanbul Bar Association: Official website.
