Introduction

Turkey’s employment law framework provides protection and regulation for both local and foreign workers. Governed by Law No. 4857 (Turkish Labor Law) and related legislation, it outlines the rights and responsibilities of employees and employers alike. This guide explains the key aspects of Turkish employment law, focusing on the rules foreign workers and their employers must follow.

Who Needs a Work Permit?

• All foreign nationals seeking employment in Turkey are required to have a valid work permit. This rule applies to all sectors, with few exceptions (e.g., diplomats). The work permit acts as both an employment and a residence permit, allowing foreigners to legally work and reside in Turkey.

• Short-Term Work Permit: Usually issued for a period of one year, linked to a specific employer.
• Independent Work Permit: Granted to foreign nationals who intend to work independently.
• Permanent Work Permit: After eight years of continuous work, foreigners may apply for a permanent work permit.

• Employers initiate the work permit application through the Ministry of Labor and Social Security. Foreign workers need to provide identification documents, proof of employment, and supporting documents such as education certificates.

Types of Contracts:

• Employment contracts in Turkey can be either fixed-term or open-ended. Fixed-term contracts specify the duration of employment, whereas open-ended contracts are for indefinite periods.
• Written contracts are required if the employment exceeds one year.

• Turkey sets a national minimum wage that is revised annually. For 2024, the minimum wage has been increased to align with inflation rates and living costs.
• Foreign workers are entitled to the same minimum wage and salary regulations as Turkish citizens.

• Turkish employment law ensures that foreign workers have the same rights as Turkish employees, including wages, working conditions, and benefits.

Standard Work Hours:

• The standard working week in Turkey is 45 hours, distributed across six days. Any work beyond these hours is considered overtime.

• Overtime is limited to a maximum of 270 hours per year, with employees entitled to 1.5 times their regular hourly wage for overtime hours. Foreign workers are subject to the same overtime regulations.

• Employees are entitled to 14 days of paid annual leave after one year of continuous employment. This leave entitlement increases with years of service, up to 26 days for employees who have worked for 15 years or more.

• Female employees are entitled to 16 weeks of paid maternity leave (8 weeks before birth and 8 weeks after). Fathers are entitled to 5 days of paid paternity leave.

Termination by Employer:

• Employers must provide valid reasons for terminating a worker, which may include poor performance, misconduct, or redundancy. The employer must give written notice, and the duration of notice depends on the length of service:
  • 2 weeks for up to 6 months of service
  • 4 weeks for 6 months to 1.5 years of service
  • 6 weeks for 1.5 to 3 years of service
  • 8 weeks for more than 3 years of service

• Employees who have worked for at least one year are entitled to severance pay if dismissed without just cause. The amount is based on the employee’s salary and length of service, typically one month’s salary for each year worked.

• Employees are also required to provide notice before resigning, following the same periods as employers. In the case of resignation due to mistreatment or unsafe working conditions, the employee may have legal grounds for immediate termination.

Mandatory Social Security Contributions:

• Both employers and employees (including foreign workers) must contribute to the Social Security Institution (SGK). These contributions cover healthcare, unemployment insurance, and retirement benefits.

• Foreign workers are automatically enrolled in Turkey’s national health insurance system upon receiving a work permit. This provides access to public healthcare services across the country.

Digital Work Permit Applications:

• In 2024, Turkey introduced digital platforms for work permit applications and renewals, reducing the administrative burden for employers and foreign workers.

• Turkey has strengthened regulations regarding workplace safety and anti-discrimination, ensuring better protection for both local and foreign workers.

Navigating Turkish employment law as a foreign worker or employer requires an understanding of work permit requirements, labor rights, and the legal framework for employment contracts. With recent developments aimed at improving digital processes and worker protections, foreign nationals can benefit from a well-structured legal system that safeguards their rights while working in Turkey.