PRACTICE AREAS

Labor Law

Employment and Labor Laws in Turkey: A Comprehensive Guide | Lex Lata Consulting and Law Firm

Welcome to our comprehensive guide on employment and labor law in Turkey. In this article, we will explore the key elements and regulations that govern the relationship between employers and employees in Turkey. Whether you are a foreign investor looking to establish a business in Turkey or an individual seeking to understand your rights as an employee, this guide will provide you with valuable insights and information.

1. The Labor Law and Other Applicable Regulations

The Labor Law no. 4857 is the cornerstone of employment regulations in Turkey. It sets out the fundamental principles and rights of both employers and employees. Additionally, the Trade Union Law plays a crucial role in protecting workers' rights and ensuring their representation in the workplace. It is important to note that foreign employees working in Turkey are also subject to the Law of Work Permits for Foreigners of 2003.

Apart from the Labor Law, there are several other laws that employers and employees must adhere to, such as the Code of Obligations, the Social Insurance and General Health Insurance Law, and the Workplace Health and Safety Law. These laws cover various aspects of employment, including obligations, benefits, and safety measures.

2. Types of Employment Contracts

Employers in Turkey have the flexibility to choose from different types of employment contracts based on their specific needs. Some of the common contract types include:

Temporary or permanent work: Employers can hire employees on a temporary or permanent basis, depending on the nature of the job and business requirements.
Definite or indefinite period: Employment contracts can be for a definite period, where the duration is predetermined, or for an indefinite period, with no fixed end date.
Part-time or full-time: Employers can offer part-time or full-time employment based on the number of hours worked per week.
"Work-upon-call": In certain industries, employers may require employees to work on-call, where they are available to work whenever needed.
Starting with a trial period: Employers have the option to include a trial period in the employment contract to assess the employee's suitability for the role.
Team contract: Employers can establish team contracts where a group of employees work together as a team on a specific project or assignment.

It is important for employers to carefully consider the type of employment contract that best suits their business needs while ensuring compliance with relevant legal requirements.

3. Employment Contract Requirements

Under the Turkish Employment Law, employment contracts, regardless of their type, must contain specific elements to ensure clarity and protection for both parties. These elements include:

Information about the employee and employer, such as their names and addresses.
Conditions of employment, including the job title, duties, and responsibilities.
Salary and other benefits, such as allowances and bonuses.
Working hours and rest periods.
Duration of the contract, if applicable.
Termination conditions and notice periods.

It is mandatory for employers to provide employees with a written employment contract. Collective agreements, which are negotiated between employers and employee representatives, are also permitted under the Turkish Labor Code.

4. Probation Period

New employees in Turkey are required to undergo a probation period, usually lasting up to two months. During this period, employees have the option to terminate their employment without prior notice. However, employers must provide employees with a written contract that clearly outlines the job details, working hours, payment terms, and other relevant information. It is advisable for both employees and employers to seek legal advice to understand their rights and responsibilities during the probation period.

5. Special Clauses in Employment Contracts

Employers in Turkey have the option to include specific clauses in employment contracts, such as non-compete clauses. These clauses restrict employees from working with competitors or disclosing confidential information after the termination of their employment. Non-compete clauses can be for a limited or indefinite period, depending on the agreement between the employer and employee. It is essential for employers to ensure that these clauses are reasonable and necessary for the protection of their business interests.

6. Payment of Employees

In Turkey, employees are generally paid on a monthly basis, although some workers may be paid on a daily basis in cash. Senior employees may receive additional benefits, such as allowances or bonuses, in addition to their salary. It is important for employers to comply with the minimum wage requirements set by the government and ensure timely and accurate payment of wages. Failure to do so can result in legal consequences, including administrative penalties.

7. Termination of Employment

Termination of employment in Turkey requires prior notice from either the employer or the employee. The length of the notice period depends on various factors, including the duration of employment and the reason for termination. Employers must provide employees with a written notice of termination, stating the reasons and complying with the statutory notice period. Similarly, employees must also adhere to the notice period when resigning from their position.

Employment contracts can also be terminated based on just cause, such as misconduct, breach of contract, or significant changes in the workplace. In such cases, the terminating party is not required to observe the notice period. It is important for employers and employees to seek legal advice when terminating employment to ensure compliance with the law and safeguard their rights.

8. Working Hours and Holidays

The Turkish Labor Law sets a maximum working week of 45 hours for full-time employees. Any additional hours worked beyond this limit are considered overtime and must be compensated accordingly. Employers have the option to provide employees with free time in lieu of overtime payment, subject to certain conditions. The law also stipulates mandatory rest periods, including lunch breaks and daily and weekly rest periods.

Employees in Turkey are entitled to public holidays, including New Year's Day, Labor Day, and National Sovereignty and Children's Day. Additionally, employees are entitled to annual paid leave, ranging from 14 to 26 working days, depending on their length of service.

9. Employment of Foreigners

Foreign individuals working in Turkey are required to obtain a work permit to legally work in the country. The Law of Work Permits for Foreigners governs the employment of foreign citizens and sets out the requirements and procedures for obtaining work permits. Employers who wish to hire foreign employees must comply with the relevant regulations and obtain the necessary permits.

10. Conclusion

Understanding employment and labor law in Turkey is essential for both employers and employees to ensure compliance with legal requirements and protect their rights. This comprehensive guide has provided an overview of key aspects of employment in Turkey, including contract types, termination procedures, working hours, and the employment of foreigners. It is important to seek professional legal advice to navigate the complexities of employment law and ensure a fair and harmonious working environment for all parties involved.

Frequently Asked Questions (FAQs)

Q1: Can employers choose the type of employment contract for their employees in Turkey?

Yes, employers have the flexibility to choose from different types of employment contracts based on their specific needs. They can opt for temporary or permanent work, definite or indefinite period contracts, part-time or full-time employment, and other contract types as per their requirements.

Q2: Are there any restrictions on working hours in Turkey?

Yes, there are restrictions on working hours in Turkey. The maximum working week for full-time employees is 45 hours. Any additional hours worked beyond this limit are considered overtime and must be compensated accordingly. Employers have the option to provide employees with free time in lieu of overtime payment.

Q3: What are the requirements for employing foreign individuals in Turkey?

Foreign individuals working in Turkey are required to obtain a work permit to legally work in the country. The Law of Work Permits for Foreigners sets out the requirements and procedures for obtaining work permits. Employers who wish to hire foreign employees must comply with the relevant regulations and obtain the necessary permits.

Q4: Are there any specific regulations regarding the termination of employment contracts in Turkey?

Yes, there are specific regulations regarding the termination of employment contracts in Turkey. Both the employer and the employee have the right to terminate an employment relationship with an indefinite period unilaterally at any time by serving notice in accordance with specific statutory notice periods. Additionally, employment contracts can be terminated based on just cause, such as misconduct or breach of contract.

Q5: What rights do employees have regarding annual leave in Turkey?

Employees in Turkey are entitled to annual paid leave, ranging from 14 to 26 working days, depending on their length of service. Employers must grant employees their entitled leave and ensure that they receive their regular salary during this period.

Lex Lata Consulting and Law Firm is dedicated to providing expert guidance and support on employment and labor laws in Turkey. Our team of professionals is committed to helping clients navigate the complexities of employment regulations and ensuring compliance with the law. Contact us today to learn more about our services and how we can assist you.