Employment law in Turkey
Employment Law in Turkey is primarily governed by the Turkish Labor Code (No. 4857), which sets out the rights and obligations of both employees and employers. Turkey's employment laws also align with international labor standards as set by the International Labour Organization (ILO) and include provisions for employment contracts, working conditions, social security, and dispute resolution.
Here is an overview of key aspects of employment law in Turkey:
1. Employment Contracts
Written vs. Oral Contracts: While oral contracts are valid, it is highly recommended to have a written employment contract in place, particularly for clarity regarding terms of employment. The contract should specify details such as the job position, salary, working hours, and benefits.
Types of Employment Contracts:
Indefinite-Term Contracts: Most employees are employed under indefinite-term contracts, meaning there is no fixed end date unless terminated by either the employer or employee.
Fixed-Term Contracts: These contracts are for a set period or specific project and automatically terminate when the contract term ends. Fixed-term contracts are generally not allowed to be renewed multiple times to avoid them becoming indefinite-term contracts unless justified.
Part-Time Contracts: Employees working fewer hours than a full-time employee are entitled to the same rights and benefits, but their compensation may be proportionally adjusted.
2. Wages and Salary
Minimum Wage: Turkey has a national minimum wage, which is updated annually by the government. The minimum wage applies to all employees regardless of their occupation or work sector, and it is considered a baseline standard of compensation.
As of 2025, the gross minimum wage for employees is approximately ₺11,402 per month (approximately USD 580), though this amount is adjusted regularly to reflect inflation and changes in living costs.
Payment of Wages: Employees are generally paid on a monthly basis. If there is a written employment contract, the salary should be specified clearly, and the employer is required to provide a payslip with details on gross salary, deductions, and net pay.
Overtime Pay: Overtime pay is required for work beyond the standard working hours. The overtime rate is generally 1.5 times the normal hourly rate. For work on public holidays, the rate may increase to 2 times the regular rate.
3. Working Hours
Standard Working Hours: The normal working hours in Turkey are 45 hours per week, typically divided into 6 days (7.5 hours per day). A weekly rest period of at least 24 hours is mandatory, and this is usually on Sundays, although this can vary depending on the industry.
Overtime: Employees working more than the standard 45 hours in a week are entitled to overtime compensation, generally paid at a higher rate (typically 1.5 times the regular wage for the first 60 hours of overtime, and 2 times for any overtime beyond that).
Rest Periods: Employees are entitled to at least 1 hour of rest for breaks during the working day, with a minimum of 12 hours between shifts. For employees working more than 6 hours a day, a rest period of at least 30 minutes is required.
4. Annual Leave and Public Holidays
Paid Annual Leave: Employees in Turkey are entitled to paid annual leave as follows:
14 days per year for employees with 1-5 years of service.
20 days per year for employees with 5-15 years of service.
26 days per year for employees with more than 15 years of service.
Public Holidays: Turkey has several national public holidays, including:
New Year’s Day (January 1)
National Sovereignty and Children’s Day (April 23)
Labor and Solidarity Day (May 1)
Republic Day (October 29)
Sacrifice Feast (variable dates)
Victory Day (August 30), among others.
If employees work on public holidays, they are entitled to either additional pay or a day off in lieu, depending on the terms of their employment contract.
5. Sick Leave and Medical Benefits
Sick Leave: Employees are entitled to paid sick leave for a maximum of 3 days without requiring a medical certificate. For longer durations, a medical report is necessary, and employees may be entitled to sick pay through the Social Security Institution (SGK).
Medical Benefits: Turkey has a universal healthcare system, where both employees and employers contribute to the Social Security System (SGK). This system covers medical expenses and provides sickness benefits in case of illness or injury. For long-term sickness, employees may receive short-term disability benefits provided by the SGK.
6. Maternity and Paternity Leave
Maternity Leave: Female employees are entitled to 16 weeks of maternity leave, typically divided into 8 weeks before childbirth and 8 weeks after childbirth. During this time, employees are entitled to full salary compensation provided by the SGK, if they have contributed to social security for a minimum duration.
Paternity Leave: Fathers are entitled to 5 days of paid paternity leave, which is provided by the employer.
Parental Leave: There is no statutory parental leave in Turkey, though employees may request unpaid leave for child-rearing purposes.
7. Termination of Employment
Notice Period: The notice period for terminating an employment contract depends on the length of service:
Less than 6 months: 2 weeks' notice.
6 months to 1 year: 4 weeks' notice.
More than 1 year: 6 weeks' notice.
Termination for Cause: Employers can terminate employment without notice for serious reasons such as misconduct, theft, negligence, or violation of work rules. Employees also have the right to terminate their contracts without notice for valid reasons such as harassment, unsafe working conditions, or unjust treatment.
Severance Pay: Employees who are dismissed without cause are generally entitled to severance pay, which is calculated as 30 days’ wages for each year of service. Employees who resign voluntarily are generally not entitled to severance pay.
8. Social Security and Benefits
Social Security Contributions: Both employees and employers contribute to the Social Security Institution (SGK), which covers pensions, healthcare, unemployment benefits, and work-related injuries. The total contribution is divided between the employee (which is around 14%) and the employer (which is around 20.5%).
Unemployment Benefits: Employees who are laid off and have contributed to the SGK for at least 600 days in the past 3 years are entitled to unemployment benefits. The benefit amount is based on the employee’s previous salary and is paid for a maximum of 10 months (if the employee has worked for more than 3 years).
9. Discrimination and Harassment
Anti-Discrimination: Turkish labor law prohibits discrimination in the workplace based on gender, race, religion, age, disability, sexual orientation, or national origin. Employees can file complaints with the Labor Inspectorate if they believe they have been discriminated against.
Sexual Harassment: Sexual harassment in the workplace is prohibited by law. Employers are required to take steps to prevent harassment and address complaints promptly. Employees subjected to harassment can seek legal action.
10. Health and Safety
Occupational Health and Safety: Employers are obligated to ensure a safe and healthy working environment. They must take necessary steps to prevent accidents, provide appropriate training, and ensure that employees use protective equipment when necessary.
Workplace Accidents: Employees who are injured on the job are entitled to workers’ compensation. The SGK provides compensation for medical expenses and lost wages for work-related injuries or illnesses.
11. Labor Disputes and Resolution
Labor Disputes: Employees and employers can resolve labor disputes through conciliation and arbitration. If these methods fail, disputes can be taken to the Labor Court.
Grievance Procedures: Employees who believe their rights have been violated can file complaints with the Labor Inspectorate or pursue legal action through the courts.
12. Labor Unions and Collective Bargaining
Labor Unions: Workers in Turkey have the right to join or form labor unions. Unions play a significant role in negotiating collective bargaining agreements (CBAs) for workers in various sectors.
Collective Bargaining: In industries with strong union representation, CBAs govern wages, working conditions, and other employment-related matters. Unions must be registered with the Ministry of Labor to engage in collective bargaining.
Conclusion
Employment law in Turkey provides a well-defined structure for the relationship between employers and employees, with significant protections for workers’ rights. The legal framework ensures fair wages, reasonable working hours, benefits, and protections against discrimination and unsafe working conditions. However, as with any country, labor laws in Turkey are subject to updates and amendments, so both employees and employers should stay informed about changes to ensure compliance and fair treatment in the workplace.
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