The Turkish Labor Law, which establishes the legal basis for employment contracts and working conditions in the country, generally applies to expats in Turkey. The most important considerations throughout the duration of an employment contract in Turkey are as follows:
Turkish Labour Law No. 4857, which came into force on 10 June 2003, is the primary statute governing employment relationships in Turkey. It applies to workplaces and employers in all sectors, with limited exceptions for certain categories of work such as maritime employment (governed by the Maritime Labour Law No. 854) and press employment (governed by the Press Labour Law No. 5953).
For foreign nationals employed in Turkey, Law No. 4857 applies in full unless a specific exception or bilateral social security agreement provides otherwise. The law establishes mandatory minimum standards that cannot be contracted out of, regardless of what the employment contract says. Any contractual term that provides less than the statutory minimum is replaced by the statutory minimum by operation of law.
The key principle for expats to understand from the outset is this: Turkish labour law is largely mandatory in its application. An employer and employee cannot agree by contract to reduce the protections the law grants, but they can agree to improve on them. An employment contract that provides for fewer than the statutory minimum days of paid leave, or a lower severance entitlement than the law requires, is not enforceable in its reduced form. |
Who Is Covered by Law No. 4857?
The law applies to any worker employed under a contract of employment (is sozlesmesi) in Turkey, regardless of the worker's nationality. The law does not make any distinction between Turkish and foreign national employees with respect to the substantive employment rights it creates. A foreign national who holds a valid work permit and is employed in Turkey has the same statutory employment rights as a Turkish citizen in the same position.
Contractual terms: The employment contract should specify the job title, tasks and responsibilities, working hours, remuneration, benefits, and termination conditions in detail. It must also adhere to the basic requirements established by the Turkish Labor Law.
Written vs. Oral Contracts
Under Article 8 of Law No. 4857, employment contracts do not generally need to be in writing to be valid. An oral employment contract creates the same statutory obligations for both parties as a written one. However, where the contract is for a fixed term (belirli sureli is sozlesmesi) or has a duration of one year or more, a written contract is mandatory. In practice, we strongly recommend that all employment contracts be in writing, for the simple reason that a written contract is evidence of its own terms.
Fixed-Term vs. Indefinite-Term Contracts
Turkish labour law draws a critical distinction between fixed-term and indefinite-term employment contracts, and the conditions under which a fixed-term contract can be used are strict.
Under Article 11 of Law No. 4857, a fixed-term contract may only be used where the work itself is of a fixed-term nature, such as a specific project, seasonal work, or a temporary replacement for an absent employee. A fixed-term contract that is used repeatedly, or that is used for work that is not genuinely temporary, is treated as an indefinite-term contract by operation of law. This is a common area of dispute between employers and employees in Turkey.
Feature | Fixed-Term Contract | Indefinite-Term Contract |
Legal basis | Article 11, Law No. 4857 | Article 8, Law No. 4857 |
When permitted | Only where work is genuinely temporary (project, season, substitution) | The default form for all ongoing employment |
Notice period on termination | Not required (contract expires at end of term) | Mandatory (2 to 8 weeks depending on length of service) |
Severance pay | Not payable on expiry (payable if terminated early by employer without cause) | Payable after 1 year of service |
Job security protections | Generally not applicable | Applicable in workplaces with 30+ employees after 2 years |
Renewal | Limited; repeated renewal converts to indefinite-term by law | Continues until terminated |
Mandatory Contents of a Written Employment Contract
Where a written contract is used, it should, as a minimum, specify the following:
The identity of the employer and the employee
The date the contract commences
The job title and a description of the role and responsibilities
The place of work
The gross salary and the frequency and method of payment
The working hours per day and per week
Annual leave entitlement
The notice period applicable on termination
Whether the contract is fixed-term or indefinite-term
Important Note Contracts written only in a foreign language are enforceable in Turkey but may create practical difficulties in court or administrative proceedings if the Turkish-language version of a term is disputed. We recommend that employment contracts for foreign nationals in Turkey be bilingual (English and Turkish) with a clear governing language clause. |
Probation Periods
Under Article 15 of Law No. 4857, employment contracts may include a probation period of up to two months. During the probation period, either party may terminate the contract without notice and without payment of severance. The probation period may be extended to four months by a collective bargaining agreement. It cannot be extended by an individual employment contract.
Working Hours
The standard maximum working week under Turkish law is 45 hours, spread over a maximum of 11 hours per day (Article 63, Law No. 4857). Work in excess of 45 hours per week constitutes overtime and is subject to a premium rate of at least 1.5 times the regular hourly rate, or, alternatively, the employee may opt to take 1.5 hours of compensatory rest for each overtime hour worked, at their election.
Certain categories of worker are subject to different working time rules, including workers in managerial positions, on-call workers, and workers in specific sectors such as healthcare, transport, and hospitality.
Minimum Wage
Turkey sets a national minimum wage, reviewed and updated twice yearly by a tripartite commission (the Minimum Wage Determination Commission). The minimum wage is gross and applies to all workers in Turkey regardless of nationality, sector, or workplace size. No employment contract may set a salary below the current minimum wage.
Work permit requirements: In order to lawfully work in Turkey, expats must obtain a work permit from the Turkish Ministry of Labor and Social Security. The process for obtaining a work visa can be intricate, and expatriates must verify that they meet the qualifying requirements and produce all required papers.
The requirement for a work permit is one of the most fundamental legal obligations for foreign nationals working in Turkey, and non-compliance carries consequences for both the employee and the employer. The legal framework is set out in the International Labour Force Law (Law No. 6735), which came into force in 2016 and replaced the earlier Law No. 4817.
Who Needs a Work Permit?
With limited exceptions, every foreign national who works in Turkey in any capacity, whether as an employee, an independent contractor, or a manager of their own company, requires a work permit issued by the Ministry of Labour and Social Security. The permit is required before the work begins, not after.
The most important exemptions from the standard work permit requirement are set out in Article 48 of the Implementing Regulation under Law No. 6735. These include:
Diplomatic personnel and their household staff
Foreign nationals providing training or technical services related to imported machinery or equipment (up to three months)
Cross-border service providers (up to three months)
Foreign athletes and their technical staff
Academics and researchers at Turkish universities
The work permit exemption regime is a separate route to lawful work authorization that is underused by foreign nationals in Turkey. Where an exemption applies, the foreign national does not need a standard work permit, but must obtain a work permit exemption document (calisma izni muafiyeti belgesi) from the Ministry. This document also serves as a residence permit for its validity period. We advise clients on whether an exemption applies to their situation before recommending the standard work permit route. |
The 5:1 Turkish-to-Foreign Employee Ratio
One of the most important practical constraints in the Turkish work permit system is the requirement that, for each foreign national employed, the sponsoring employer must have at least five Turkish employees on its payroll. This ratio applies at the renewal stage and is verified by the Ministry.
The implications of this rule are significant:
A company that employs two foreign nationals must have at least ten Turkish employees on its payroll
A company established primarily to employ foreign nationals, with minimal Turkish headcount, will face serious difficulties sustaining work permits over time
Foreign nationals who own and manage their own Turkish company are subject to this ratio at renewal, even if they are the sole employee
Types of Work Permit
Type | Duration | Key Conditions |
Standard work permit | Up to 1 year (initial) | Employer-sponsored; minimum capital and Turkish employee ratio requirements apply |
Extended work permit | Up to 3 years | Available after 1 year of continuous legal employment with the same employer |
Indefinite work permit | Indefinite | Available after 8 years of continuous legal work in Turkey |
Independent work permit | Up to 1 year (renewable) | For self-employed foreign nationals; higher capital and qualification requirements |
Work permit exemption | Up to passport validity minus 60 days | For qualifying categories under Article 48; also serves as a residence permit |
Turquoise Card | Permanent | For highly qualified foreign nationals; granted at Ministry discretion; no employer sponsorship required |
Application Process
The standard work permit application for a foreign national already in Turkey is filed online through the e-izin system by the employer. The application must be accompanied by a set of mandatory documents, including the employment contract, the employer's tax registration and social security records, the employee's passport and educational credentials, and the biometric photograph.
Processing typically takes two to six weeks. During this period, the foreign national may remain in Turkey on their existing visa or residence permit, but may not begin working until the permit is formally issued.
For foreign nationals applying from abroad, the application is made to the Turkish consulate in their country of residence, which forwards the file to the Ministry. The Ministry's decision is then communicated back through the consulate.
From Our Practice The most common reasons for work permit rejections we see are: the employer failing to meet the Turkish employee ratio, the employer's paid-in capital being below the minimum required for hiring foreign nationals, and the employee's qualifications not matching the role described in the application. All three of these can be identified and addressed in advance of filing. We review the employer's eligibility before submitting any application. The most common mistake is to arrive in Turkiye with a visa and expect to make a work permit application in Turkiye. The rule is that you need to have a residence permit, minimum valid for 6 months, in order to be able to make a work permit application in Turkiye, and it will be difficult for you to obtain a residence permit, which is a pre-condition to apply from Turkiye. However, at the Turkish Consulate of your country, you can directly make a work permit application and come to Turkiye with your valid work permit. This will eliminate the significant risk of residence permit rejection. |
Tax obligations: Expats residing in Turkey for more than six months a year are subject to Turkish income tax on their worldwide income. In Turkey, they must additionally pay social security contributions. Understanding resident tax in Turkey is essential to staying compliant.
Foreign nationals employed in Turkey are entitled to the same statutory leave rights as Turkish employees. These are minimum entitlements; the employment contract may improve on them but cannot reduce them.
Type of Leave | Statutory Entitlement | Legal Basis |
Annual paid leave | Minimum 14 days after 1 year of service; 20 days after 5 years; 26 days after 15 years | Article 53, Law No. 4857 |
Public holidays |
| Law No. 2429 |
Sick leave | Paid sick leave funded by SGK after the first two days; employer pays for days 1-2 | Law No. 5510 |
Maternity leave |
| Article 74, Law No. 4857 |
Paternity leave |
| Article 74, Law No. 4857 |
Marriage leave |
| Article 55, Law No. 4857 |
Bereavement leave |
| Article 55, Law No. 4857 |
Breastfeeding leave | 1.5 hours per day for up to 1 year after birth | Article 74, Law No. 4857 |
Annual leave cannot be replaced by cash payment while the employment relationship continues. Unused annual leave must, however, be paid out upon termination of the contract at the rate applicable at the time of payment. The employer must keep accurate records of leave taken.
Social security registration and contribution payment is mandatory for all employees working legally in Turkey, including foreign nationals. The Social Insurance and General Health Insurance Law (Law No. 5510) governs the social security system, which is administered by the Social Security Institution (Sosyal Guvenlik Kurumu, SGK).
Employer and Employee Contributions
Contribution Type | Employee Rate | Employer Rate | Total |
Long-term insurance (pension) | 9% | 11% | 20% |
Short-term insurance (work accident/occupational disease) | 0% | 1-6.5% (sector-dependent) | Varies |
General health insurance | 5% | 7.5% | 12.5% |
Unemployment insurance | 1% | 2% | 3% |
Approximate total | ~14% | ~20.5%+ (varies) | ~34.5%+ |
Contributions are calculated on the employee's gross salary, subject to a minimum base (equal to the minimum wage) and a maximum base (updated regularly by the SGK). Contributions above the maximum base are not required.
Bilateral Social Security Agreements
Turkey has concluded bilateral social security agreements with a number of countries. Where such an agreement exists between Turkey and the employee's home country, the employee may be exempt from contributing to the Turkish SGK system, or from contributing to their home country's system, during the period of employment in Turkey. The most commonly relevant agreements for our foreign national clients are those with Germany, France, the United Kingdom, the United States, and a number of other European countries.
The existence of a bilateral agreement does not mean SGK contributions are automatically waived. The employee must apply for a certificate of coverage from their home country's social security authority, confirming that they remain covered by their home country's system during the Turkish assignment. This certificate must be produced to the Turkish employer and registered with the SGK.
If your home country has a bilateral social security agreement with Turkey and you are on a short to medium-term assignment, failing to obtain and register a certificate of coverage means you will pay double contributions for the same period: once in Turkey and once at home. This is one of the most common and most avoidable financial errors we see in expat employment arrangements. |
Employment termination: The Turkish Labor Law specifies the legal grounds for terminating an employment contract, including mutual consent, contract expiration, and termination with or without cause. Expats should be informed of their rights and obligations in the event of termination and, if necessary, seek legal counsel.
The termination of an employment contract in Turkey is one of the most heavily regulated and legally consequential aspects of Turkish labour law. Errors by either party in the termination process can result in significant financial liability. For foreign nationals, understanding this framework is essential both as employees and, where they own or manage Turkish companies, as employers.
Grounds for Termination
Law No. 4857 provides for several categories of termination:
(a) Termination by Employer With Notice
An employer may terminate an indefinite-term employment contract by giving the employee the applicable statutory notice period. The minimum statutory notice periods under Article 17 of Law No. 4857 are:
The employer may pay the employee in lieu of notice (notice pay) instead of requiring them to work during the notice period. The notice period may also be improved upon by the employment contract but cannot be reduced.
(b) Termination by Employer Without Notice (Summary Dismissal)
Under Article 25 of Law No. 4857, an employer may terminate the contract immediately and without notice in the following circumstances:
The employee has a health condition that poses a risk to other employees and is unlikely to recover within the statutory waiting period
The employee has committed misconduct constituting immoral, dishonourable, or malicious behaviour, such as fraud, assault, sexual harassment, or persistent absence without leave
A force majeure event prevents the employee from working for more than one week
The employee has been arrested or detained for a period exceeding the applicable notice period
The right to terminate without notice on grounds of misconduct is subject to a strict time limit: the employer must exercise this right within six working days of learning of the grounds for dismissal, and in any event within one year of the occurrence of the events giving rise to dismissal.
(c) Termination by Employee
An employee may also terminate the contract with notice by giving the applicable statutory notice period. An employee is entitled to terminate the contract immediately and without notice (and to claim severance pay) where the employer has committed a fundamental breach of the employment relationship, such as:
Failing to pay wages for more than 20 days without justified cause
Creating working conditions or behaviour constituting moral harassment or sexual harassment
Reducing the employee's contracted wage without agreement
Requiring the employee to perform work that poses a serious and immediate risk to their health or safety
Severance Pay
Severance pay (kidem tazminati) is one of the most significant financial obligations in Turkish employment law. It is payable to an employee who has completed at least one year of continuous service with the same employer and whose contract is terminated in circumstances that entitle them to severance.
The amount of severance pay is calculated at 30 days of the employee's last gross salary for each completed year of service, subject to an annually updated statutory ceiling. Partial years count on a pro-rata basis.
Severance pay is payable in the following circumstances:
Termination by the employer without just cause (or with inadequate cause)
Termination by the employee for just cause (employer breach)
Death of the employee (payable to the estate)
Retirement or entitlement to retirement
Military service (for male employees)
Severance pay is NOT payable where the employee resigns without just cause, or where the employer terminates the contract for serious misconduct (Article 25/II).
Important Note Severance pay is calculated on the employee's full gross remuneration package, not just the basic salary. This includes regular bonuses, housing allowances, transport allowances, and other regular payments. Employers who underestimate the severance base when calculating entitlements face claims for the shortfall. We advise both employers and employees on the correct calculation of severance entitlements. |
Job Security and Reinstatement
Turkish law provides a significant additional protection known as job security (is guvencesi) for employees who meet all of the following criteria:
Employed under an indefinite-term contract
Have completed at least two years of continuous service with the same employer
Work at a workplace with 30 or more employees (across all locations of the same employer)
Are not a manager with authority over the entire workplace
An employee who meets all of these criteria and is dismissed without valid cause may apply to a labour mediator (and, if mediation fails, to the labour court) for reinstatement. If the court finds the dismissal unjustified, the employer must either reinstate the employee within one month or pay an additional compensation of between four and eight months' salary, in addition to the salary for the period of unemployment (up to four months) that would have been earned during the proceedings.
The claim for reinstatement must be brought within one month of the termination date. Where the employment contract or collective bargaining agreement provides for arbitration of job security claims, the dispute goes to arbitration rather than court.
From Our Practice Job security protections are among the most frequently litigated areas of Turkish labour law, and expats are often unaware of their rights in this area. If you have been dismissed from a company with 30 or more employees and have been employed there for two years or more, you may have a right to reinstatement or additional compensation that goes beyond your ordinary severance entitlement. Acting promptly is essential since the one-month limitation period is strictly enforced. |
In the event of a dispute between an employer and an employee, the Turkish Labor Code allows a variety of dispute resolution options, such as mediation, arbitration, and litigation. Expats should be aware of their legal choices and seek counsel as necessary.
Since 1 January 2018, mediation has been a mandatory precondition for filing labour claims in Turkey. Under the Mediation in Civil Disputes Law (Law No. 6325), as amended by Law No. 7036, an employee or employer who wishes to bring a labour claim to court must first file an application with a registered labour mediator and complete the mediation process before a court claim can be accepted.
The mediation process works as follows:
The claimant (whether employer or employee) files an application with the mediation registry (the relevant bar association's mediation bureau)
A mediator is appointed and a first meeting is arranged, typically within three weeks of the application
The mediation process must be concluded within three weeks of the appointment of the mediator, extendable by one further week with the parties' agreement
If the parties reach an agreement, it is recorded in a mediation agreement document, which has the effect of a court judgment
If no agreement is reached, the mediator issues a certificate of non-agreement, which the claimant must attach to any subsequent court filing
A labour court claim filed without the mandatory mediation certificate will be rejected on procedural grounds. The limitation period for the underlying claim is suspended during the mediation process.
Limitation Periods for Labour Claims
Labour claims in Turkey are subject to specific limitation periods that apply from the termination of the employment relationship (or from when the right to claim arose, in the case of ongoing employment):
Severance pay and notice pay: 5 years from termination
Annual leave pay: 5 years from termination
Overtime pay: 5 years from when each payment fell due
Reinstatement claim (job security): 1 month from termination (strictly enforced)
Wages (monthly salary): 5 years
Important Note The one-month limitation period for reinstatement claims is the most commonly missed deadline in Turkish labour law. If you believe your dismissal was unjust and you meet the job security criteria (two years of service, workplace with 30+ employees, indefinite-term contract), you must apply to the mediation bureau within one month of the termination date. There are no extensions and no exceptions. |
Does Turkish labour law apply to me if my employer is a foreign company?
Does Turkish labour law apply to me if my employer is a foreign company?
It depends on the circumstances. If you are physically working in Turkey on a regular and ongoing basis, Turkish labour law will generally apply to your employment, regardless of whether your employer is a Turkish or foreign company. A choice of law clause in your contract designating a foreign law cannot deprive you of the mandatory protections that Turkish law provides. If your assignment is genuinely short-term and your home country has a bilateral social security agreement with Turkey, some of the social security obligations may be governed by your home country's system.
Can I be dismissed without severance pay?
Can I be dismissed without severance pay?
Severance pay is not payable in every termination scenario. It is not payable if you resign without just cause, or if you are dismissed for serious misconduct under Article 25/II of Law No. 4857 (such as fraud, assault, or persistent unauthorized absence). It is payable if you are dismissed without just cause, if you resign for just cause due to the employer's breach, on retirement, on death, or for military service. Where severance is owed, the calculation is 30 days of gross salary per completed year of service, subject to the statutory ceiling.
What is the minimum notice period for termination of my contract in Turkey?
What is the minimum notice period for termination of my contract in Turkey?
Under Article 17 of Law No. 4857, the minimum statutory notice periods for indefinite-term contracts are: two weeks for employees with less than six months of service; four weeks for six months to eighteen months; six weeks for eighteen months to three years; and eight weeks for more than three years. These are minimums and your contract may provide for longer notice periods. Either party may pay or receive payment in lieu of notice.
Do I have to pay SGK contributions in Turkey even if I already pay social security in my home country?
Do I have to pay SGK contributions in Turkey even if I already pay social security in my home country?
If your home country has a bilateral social security agreement with Turkey, you may be able to avoid double contributions. You will need to obtain a certificate of coverage from your home country's social security authority confirming you remain insured there, and register this certificate with your Turkish employer and the SGK. Without this certificate, contributions are mandatory in Turkey regardless of what you pay at home.
Is mediation mandatory before I can sue my employer in Turkey?
Is mediation mandatory before I can sue my employer in Turkey?
Yes. Since 1 January 2018, mediation is a mandatory precondition for all labour claims in Turkey. You must file an application with a registered mediator and either reach a settlement or receive a certificate of non-agreement before you can file a court claim. A claim filed without this certificate will be rejected. The mediation process typically takes three to four weeks.
My employer is dismissing me after 2.5 years and employs more than 30 people. Do I have job security rights?
My employer is dismissing me after 2.5 years and employs more than 30 people. Do I have job security rights?
Yes, you almost certainly qualify for job security protection under Turkish law. Employees on indefinite-term contracts with at least two years of service, working for an employer with 30 or more employees, are entitled to challenge an unjust dismissal. You must apply to a mediator within one month of the termination date. If the dismissal is found to be unjust, the employer must reinstate you or pay an additional compensation of four to eight months' salary, on top of your other termination entitlements.
Can my employer put me on a fixed-term contract to avoid giving me severance pay?
Can my employer put me on a fixed-term contract to avoid giving me severance pay?
Not legitimately. Turkish law restricts the use of fixed-term contracts to genuinely temporary work. Where a fixed-term contract is used for work that is not temporary in nature, or where it is renewed repeatedly, it is treated as an indefinite-term contract by operation of law. If your employer has used a fixed-term contract structure in circumstances where the work is not genuinely temporary, you may have the same rights as an indefinite-term employee, including the right to severance pay and, where applicable, job security protections.
What happens if my employer does not pay my wages on time?
What happens if my employer does not pay my wages on time?
Under Article 34 of Law No. 4857, if wages are not paid within 20 days of the due date without a justified reason, the employee has the right to refrain from working until wages are paid, without losing their entitlement to wages for the period they stopped work. They also acquire the right to terminate the contract for just cause and claim severance pay, regardless of their length of service. Late wage payments also attract statutory interest.
Expats in Turkey should ensure that their work contracts comply with the Turkish Labor Law and seek legal counsel if they have questions or concerns regarding their rights and responsibilities. Beyond employment, many expats also navigate matters such as obtaining a residence permit and dealing with the Turkish tax office during their stay.
The question of which country's law governs an employment relationship with an international dimension is more complex than it might appear. Turkish private international law (governed primarily by Law No. 5718 on International Private Law and Procedural Law) provides the framework for resolving these conflicts.
The Governing Law Clause
Parties to an employment contract with an international element may agree on the law that will govern the contract. However, under Article 27 of Law No. 5718, such a choice of law cannot deprive the employee of the protection of the mandatory rules of the law that would have applied in the absence of a choice. In practice, this means:
An employment contract between a Turkish company and a foreign employee may validly designate English or German law as the governing law
However, this choice cannot be used to deny the employee the protections that Turkish law mandates, such as minimum notice periods, severance entitlement, and annual leave rights, if Turkish law would otherwise apply
The chosen law will govern the interpretation of contractual terms and gaps in the contract that the statute does not fill
Posted Workers and Short-Term Assignments
Where a foreign national is sent to Turkey on a temporary assignment by a foreign employer, and the employer has no Turkish legal entity, the assignment may be structured in a way that preserves the employee's home country employment relationship while creating a supplementary arrangement for the Turkish period. In this scenario:
The foreign employer remains the legal employer
Turkish labour law may still apply to the day-to-day employment conditions during the Turkish assignment, depending on the duration and nature of the work
Social security obligations depend on whether a bilateral agreement exists between Turkey and the home country
A work permit exemption under Article 48 of the Regulation under Law No. 6735 may be available for shorter assignments
From Our Practice The interaction between Turkish mandatory employment protections, the governing law clause, and the work permit regime is one of the most complex areas we advise on for foreign nationals coming to Turkey on assignment. Getting this structure wrong can expose both the employer and the employee to regulatory penalties, unexpected tax liabilities, and employment claims. We strongly recommend a legal review of the assignment structure before the employee begins work in Turkey. |
An expat working in Turkey may be subject to the laws of another country in certain situations, such as:
If the expat is employed by a foreign employer and is working in Turkey on a short-term basis, they may be subject to the laws of their home country.
If the expat is employed by a foreign employer and is working in Turkey on a long-term basis, they may be subject to the laws of their home country if a social security agreement exists between Turkey and their home country.
If the expat is employed by a Turkish company but is performing work outside of Turkey, they may be subject to the laws of the country where the work is being performed.
If the expat is a diplomat or a member of an international organization, they may be subject to the laws of their home country or the international organization they are a part of.
It is vital for expats to understand their legal position and potential obligations under Turkish law as well as the laws of their home country and other applicable nations. Consultation with an experienced attorney for foreigners who can provide legal guidance and aid in navigating the complex legal landscape of working overseas is highly recommended.
