EMPLOYMENT AND LABOR LAW PRACTICES IN TURKEY

Employment and labor law in Turkey is a dynamic branch of law that regulates the balances between employees and employers in working life, with the primary objective of protecting the weaker party while ensuring order and justice in the workplace. Disputes arising between parties in working life bring along many complex legal dimensions, ranging from unfair termination of the employment contract, severance and notice pay, unpaid overtime and annual leave receivables, to mobbing claims, determination of employment period, and reinstatement processes. Mandatory provisions in labor legislation in Turkey, strict preclusive periods, and critical procedural rules such as mandatory mediation as a cause of action necessitate running the process under the guidance of a competent employment law attorney in Turkey from the very beginning.

Since overlooking legal and technical details can lead to irreparable losses of rights and serious financial damages for the parties; the legal support to be provided by an expert labor law attorney in Turkey in light of precedent decisions—both in preparing termination notices and during mediation and litigation stages—ensures the correct structuring of the process and the complete protection of rights.

WHAT ARE THE SOURCES OF LABOR LAW IN TURKEY?

Labor law in Turkey is not merely composed of a single statute; it relies on a dynamic legislative structure intertwined from constitutional principles to international conventions and agreements, and from special laws to general provisions. Accurately determining which law applies primarily to a concrete dispute is the first step in preventing loss of rights.

The general Labor Law No. 4857 does not directly apply to every working relationship; resolving a dispute often requires passing through the filter of sector-specific laws or corporate regulations. For example, since Maritime Labor Law No. 854 applies to the receivables of personnel working as seafarers at sea rather than the general Labor Law, their severance pay and leave rights are calculated according to entirely different rules. Similarly, in disputes involving journalists producing intellectual and artistic work in the press sector, Press Labor Law No. 5953 comes into play, granting journalists more protective special rights compared to general workers regarding the timing of severance pay payments or overtime calculation. In disputes involving professional athletes regarding receivables or contract terminations with their clubs (e.g., collection of footballer receivables, termination of contracts, non-payment of bonus receivables, etc.), instead of general labor courts, Turkish Football Federation (TFF) regulations, TFF Arbitration Board decisions, and international case law such as FIFA and CAS (Court of Arbitration for Sport) are primarily taken as the basis, falling within the practice area of sports law attorneys. In areas not covered by all these special statutory regulations and sectoral legislation—for instance, for domestic workers or certain temporary work—the supplementary provisions of the Turkish Code of Obligations No. 6098 (TCO) are applied to fill legal gaps.

An expert employment lawyer in Turkey correctly analyzes the legislative hierarchy according to the nature of the dispute and establishes legal claims on an unshakable legal foundation. A technical error made in selecting the source carries the risk of procedural rejection of the lawsuit or undercalculation of receivables.

1. Fundamental Statutory Sources of Labor Law in Turkey

The primary norms referred to in labor litigation in Turkey and the resolution of disputes are as follows:

• Labor Law No. 4857: Draws the main framework of individual employment relationships, types of employment contracts, working and rest periods, termination procedures, and fundamental receivables such as severance and notice pay. Composed of 9 chapters and over 120 articles, the Labor Law is the fundamental statute of labor law in Turkey legislation.
• Labor Courts Law No. 7036: Regulates the jurisdiction and duties of labor courts, litigation procedures, and most importantly, the institution of mandatory mediation as a cause of action. Shaping the procedural law of labor litigation, this law is of critical importance for tracking preclusive periods.
• Turkish Code of Obligations No. 6098 (TCO): Serves as a supplementary and general source regulating general provisions regarding employment contracts and working relationships outside the scope of the Labor Law (for example, domestic services or temporary work).
• Trade Unions and Collective Labor Agreements Law No. 6356: Covers collective labor relationships, union guarantees, strike/lockout processes, and disputes over receivables arising from collective labor agreements (CLA).
• Social Insurance and General Health Insurance Law No. 5510: Determines rights and obligations regarding occupational accidents, occupational diseases, disability, and insurance notifications. It forms the legal basis for determination of employment period lawsuits and claims of premium deficiencies frequently filed in practice.

2. Superior Legal Norms and Jurisprudence

In addition to statutes, superior norms and binding precedent decisions that guide labor law in Turkey are as follows:

• The Constitution and ILO Conventions: Articles of the Constitution regarding the right to work, fair wage, and right to rest, along with International Labour Organization (ILO) conventions, constitute the universal and constitutional foundation of labor law in Turkey.

• Bilateral International Agreements: Bilateral social security and labor force agreements between countries are also a vital source for workers employed abroad or involved in employment relationships with foreign elements. These bilateral agreements to which Turkey is a party contain directly binding provisions on matters such as combining insurance periods of work abroad, protection of pension rights, work accident/occupational disease compensations, and prevention of dual coverage.

• Court of Cassation Jurisprudence and Principle Decisions: In employment law in Turkey, decisions of the Court of Cassation General Assembly of Civil Chambers and relevant Court of Cassation Chambers are as guiding for practitioners as the legislation itself. Many concrete details, from overtime calculation to proving mobbing, are shaped by judicial precedents. In this regard, a labor law attorney in Turkey guides the litigation process by integrating current precedent decisions into the case.

EMPLOYMENT LAW PRACTICES IN TURKEY

Employment law in Turkey practice is fundamentally established on the principle of protecting the worker pursuant to legislation; however, this principle implies that employer obligations are also regulated in an extremely technical, strict, and detailed manner. In practice, employee-employer relationships and legal disputes are generally shaped along three primary axes: the establishment and type of employment contract, working conditions and wage receivables, and termination of the contract processes.

1. Establishment of Employment Contract and Determination of Its Type in Turkey

An employment contract in Turkey can be established between parties as definite or indefinite term, full-time or part-time, with a probationary period, or as a remote/temporary employment relationship. Under the Turkish Labor Law, definite-term contracts cannot be made consecutively (chain contracts) without an objective and substantial reason. If the employer renews the contract without a substantial justification, the courts accept the contract as indefinite-term from the beginning. However, in practice, to reset the seniority period or evade job security provisions, it is frequently observed that employees undergo entry-exit (re-hiring) procedures between different companies affiliated with the same employer or in a newly established company of the employer. Pursuant to established Court of Cassation jurisprudence and Turkish labor law legislation; in cases where paper-based entry-exit procedures are conducted across different companies belonging to the same employer or having the same organic link, the working relationship is accepted as a single continuous employment period. This situation is decisive in terms of the employee benefiting from job security (reinstatement) provisions and severance pay.

In practice, employers often overlook this fine line when preferring flexible working models. An experienced employment lawyer in Turkey identifies these risks in advance during the selection and drafting of the type of employment contract, preventing disputes between the parties before they arise.

2. Working Conditions and Wage Receivables in Turkey

An employee’s working conditions are determined by mandatory provisions of Turkish employment law, the employment contract, and workplace practices that transform into vested rights over time. Working hours, weekly rest rights, shift arrangements, and rules regarding the physical environment of the workplace are evaluated within this scope. One of the matters frequently subject to dispute in labor law in Turkey practices is essential changes that the employer wishes to make in working conditions. Pursuant to Article 22 of the Labor Law, essential changes to be made in working conditions against the employee (e.g., salary reduction, worsening of working hours, or assignment to a different city) must be notified to the employee in writing and their written consent must be obtained within 6 business days. Essential changes not accepted by the employee do not bind the employee and grant the employee the right to termination for just cause in Turkey.

In an employment relationship in Turkey, the employee’s most fundamental and primary receivable is the salary (base wage), which is the remuneration for their labor. In addition to the salary, upon the occurrence of conditions specified in the law and employment contract, the employee is entitled to overtime pay, weekly rest pay, national holiday and general holiday (UBGT) pay, and unused annual leave receivables. The failure to pay wages and side receivables originating from law on time or in full grants the employee the right to terminate the employment contract for just cause and gain entitlement to severance pay.

3. Termination (Rescission) Process of the Employment Contract in Turkey

At the termination (rescission) stage of the employment contract in Turkey, if the conditions specified in Labor Law No. 4857 are met, the right to terminate the contract arises for both the employee and the employer. However, in employment law in Turkey practice, the principle that termination must always be the last resort (ultima ratio) is fundamental.

Termination processes from the employer’s perspective spread across a broad and highly technical legal framework:

• Termination by the Employer Based on Just Cause (Art. 25/II): Under Article 25/II of the Labor Law, the employer may terminate the employment contract immediately and without compensation due to situations that do not comply with the rules of ethics and good faith (for example, employee insulting the employer or their family, fraudulent acts such as theft/breach of trust, or behaviors endangering occupational safety during duty or like driving under the influence).

• Termination by the Employer Based on Valid Reason (Art. 17 and Art. 18): The employer may terminate the contract by complying with notice periods or by paying notice pay and providing severance pay, based on valid reasons originating from the requirements of the workplace, enterprise, or job (economic crisis, downsizing, department closure) or the competence of the employee that do not reach the severity of a just cause.

• Termination by Mutual Agreement of the Parties (Mutual Rescission / Settlement Agreement): The parties can voluntarily end the employment relationship through a mutual rescission agreement (ikale) based on the principles of freedom of contract under the Turkish Code of Obligations and within the framework of the requirement for the “reasonable benefit of the employee” sought by Court of Cassation jurisprudence.

On the other hand, contract termination rights in Turkey are also regulated from the employee’s perspective:

• Termination by the Employee Based on Just Cause (Art. 24): Under Article 24 of the Labor Law, in the presence of health reasons, actions of the employer contrary to the rules of ethics and good faith (non-payment of wages, mobbing, underpayment of overtime pay, etc.), or compelling reasons, the employee may terminate the contract immediately without waiting for the notice period and gain entitlement to severance pay.

As seen, the termination regime in employment law in Turkey is an extremely wide and complex legal area extending from unilateral formative notices to bilateral agreements. Complying with procedural rules required by law during the termination process is as critical as the reason upon which the termination is based. Even if the employer has a valid or just cause, in the event of violating procedural obligations such as the mandatory written notification requirement (Art. 109), compliance with notice periods (Art. 17), or obtaining a written defense in valid terminations originating from the employee’s behavior and competence (Art. 19), the termination is deemed legally invalid even if the termination reason is completely true.

For this reason, both during the termination process and in the mediation and litigation stages following termination, having technical documents examined by a competent labor law attorney in Turkey and detecting procedural errors is of vital importance in terms of structuring the legal strategy that will determine the fate of the process.

WHAT IS A EMPLOYMENT LAWSUIT IN TURKEY?

The scope of a employment lawsuit in Turkey encompasses almost all kinds of disputes arising from an employment contract or an actual employment relationship between an employee and an employer. Claims originating from both individual labor law in Turkey and collective labor law in Turkey are included within this scope, and depending on the nature of the dispute, the parties may be the employee, the employer, the trade union, or the Social Security Institution (SGK).

1. Which Court Hears Employment Lawsuits in Turkey?

Jurisdiction rules in labor courts in Turkey are elective depending on the situation. The law designates both the court of the defendant’s (employer’s) domicile at the date of the lawsuit and the labor court of the place where the work or transaction was performed as competent courts. In judicial districts where there is no specialized labor court, the Civil Court of First Instance hears the case in the capacity of a Labor Court in Turkey.

2. How Long Does a Labor Lawsuit Take in Turkey?

The duration of labor lawsuits in Turkey varies depending on the workload of the court, the preparation period for expert reports, the hearing of witnesses, and the appeal/Court of Cassation (higher court) stages. While a labor lawsuit in Turkey at the first instance court is concluded within 8 to 18 months on average, the total duration including higher court processes can reach 2 to 3 years.

In metropolitan cities like Istanbul, the high number of labor courts and the density of court workloads make seamless case tracking critical. In processes conducted with an Istanbul employment lawyer in Turkey, the tracking of hearing dates, objection periods for expert reports, and notification stages are managed much faster and more precisely.

3. What Are the Statute of Limitations Periods in Labor Lawsuits in Turkey?

The statute of limitations period, burden of proof, calculation logic, and legal conditions sought by the court differ from one another for each labor claim under labor law in Turkey. Pursuant to the Labor Law, while the statute of limitations period for claims such as severance pay, notice pay, bad faith compensation, and discrimination compensation is 5 years from the date of termination; for wage-like items such as overtime pay, weekly rest pay, and unused annual leave receivables, the statute of limitations period is also 5 years from the date the receivable becomes due.

Since the proof conditions sought by the court (written documents, witness statements, or bank records) and the commencement dates of the statute of limitations differ for each receivable item, miscalculating these time limits can lead to the rejection of the claim due to the defense of the statute of limitations or to underclaiming. At this stage, an experienced employment law attorney in Turkey meticulously analyzes the statute of limitations periods for all receivable items and the specific conditions sought by the court to prevent any loss of rights.

4. Submitting Evidence and Burden of Proof in Labor Lawsuits in Turkey

The most critical element determining the fate of a lawsuit in labor litigation in Turkey is which evidence and which party will be used to prove the claimed receivable items. Pursuant to the general proof rule valid in our law, each party is obligated to prove the facts on which they base their right; however, due to the principle of protecting the worker in labor law in Turkey and the obligation to document, the burden of proof and types of evidence vary depending on the receivable item.

a. Which Receivables Require Proof by Written Evidence in Turkey?

In disputes regarding fundamental rights such as unpaid wages (salary) and annual leave, the legislator and judicial decisions require a strict written form requirement in Turkey. For example, payment of salary to the employee or utilization of annual leave can only be proven through written documentation (bank receipts, employee-signed pay stubs, signed annual leave forms, or leave books). Payment cannot be proven through witness testimony or verbal claims in Turkey. If the employer fails to substantiate these receivables with written documents, the receivable is accepted as unpaid.

b. Who Bears the Burden of Proof Regarding the Justness of Termination in Turkey?

When determining whether termination relies on a just or valid cause for entitlement to severance and notice pay, the burden of proof belongs to the party executing the termination. If the employer terminates the employment contract in Turkey, they are obligated to prove that the termination relies on a just or valid cause (for example, through absenteeism reports, requests for written defense, written warnings, or notices of termination). An employee asserting that they terminated the contract for just cause (non-payment of wages, mobbing, health reasons, etc.) must demonstrate the grounds for termination through written records, notary warnings, medical reports, or witness statements.

c. How Are Overtime and Holiday Work Proven in Turkey?

For overtime pay, weekly rest pay, and national holiday and general holiday (UBGT) receivables in Turkey, the proof as a rule lies with the employee claiming the actual work. In proving these receivables, written documents such as workplace entry-exit records, digital turnstile data, tachographs, email correspondence, and time-sheet ledgers are primarily taken into account.

In cases where written documents are absent or insufficient, witness statements and concrete workplace conditions are evaluated in line with current Court of Cassation jurisprudence. For the proof of overtime and general holiday receivables, pursuant to decision No. 2026/1068 E., 2026/2977 K. dated 02.04.2026 of the 9th Civil Chamber of the Court of Cassation, statements of witnesses performing the same or similar job, written time-sheets, entry-exit records, and maximum daily working hours accepted according to the nature of the work are taken as the basis. While statements of hostile witnesses are not relied upon, testimonies of witnesses who directly know the working order at the workplace and serve in similar positions, along with maximum working hours fitting the ordinary course of life, form the basis for expert witness calculations.

d. How Is Mobbing (Psychological Harassment) Proven in Turkey?

In Turkish legal system, 100% conclusive written documentation or direct evidence is not sought for an employee to prove being subjected to mobbing (psychological harassment). Pursuant to Court of Cassation jurisprudence, since mobbing by its nature is conducted secretly, implicitly, and spread over time, the rule of prima facie proof (approximate proof) applies. That is, it is sufficient for the employee to form a strong conviction in court regarding having been subjected to mobbing within the framework of the event’s conformity with the ordinary course of life, logical suspicion, and the continuity of behaviors. Email correspondence, WhatsApp messages, written instructions ordering tasks outside the job description, psychological/medical reports obtained due to mobbing, camera recordings, and most importantly, statements of colleagues (witnesses) serve as the strongest means of proof in Turkey.

e. Can a Labor Lawsuit Be Won Without Witnesses in Turkey?

Pursuant to the Code of Civil Procedure, as a rule, legal transactions above a certain amount must be proven by deed (written document). However, due to the principle of protecting the worker in employment law in Turkey, the power imbalance between the parties, and operational conditions of work, important exceptions and flexibilities to the rule of proof by deed exist.

The primary concrete evidence enabling the proof of claims and winning the employment lawsuit in Turkey before the court without needing a witness are as follows:

• Bank Receipts and Account Statements: Documents possessing the strongest enforceable nature showing whether salary, bonuses, or other personnel rights have been paid or underpaid.
• Official and Corporate Records: SGK (Social Security Institution) employment entry-exit declarations, service statements, workplace personnel files, certified pay stubs, and compensation calculation tables.
• Digital and Electronic Data: In-company email correspondence (Outlook, Slack, etc.), log records, transaction history in corporate ERP/CRM software, and printouts from digital turnstiles, fingerprint readers, or card-swiping systems showing workplace entry-exit.
• Written Communication Records: WhatsApp messages, SMS messages, and written instruction forms made with the employer or managers clearly revealing working hours, task instructions, or forced resignation.
• Visual and Technical Records: Workplace security camera footage, vehicle tracking (GPS), and tachograph records.
• In-House Workplace Documents: Wet-signed or approved time-sheet ledgers, shift schedules, assignment letters, and notary warnings issued via a notary public.

In cases where the employee possesses complete and exhaustive concrete written and digital evidence listed above, the court can rule in favor of the lawsuit even without needing to hear witnesses/attestants. However, especially in situations that are difficult to reduce to written documents or record digitally in practice—such as overtime work, weekly rest, general holiday work, and mobbing (psychological harassment)—the statements of co-workers (witnesses) who directly know the occurrence of the event and the working order remain one of the most vital means of proof determining the outcome of the case.

f. How Are Off-the-Record (In-Cash) Salary Payments to Employees Proven in Court in Turkey?

In working life, paying a portion of the salary or bonuses through the bank at minimum wage and paying the remainder in cash (off-the-record) is an extremely common situation in practice. This method, resorted to by employers to reduce their insurance premium and tax liabilities, leads to severe losses in the employee’s severance pay, notice pay, and pension rights. Legally, determining the employee’s true wage forms the foundation of the lawsuit, and this situation is proven not through a single piece of evidence, but through a mutually consistent chain of evidence.

Before the court, the following elements are evaluated together to prove the employee’s true salary and cash payments in labor law in Turkey:

• Precedent Wage Research: Considering the employee’s job, professional experience, seniority, and position, precedent wage research is requested from relevant professional chambers (Chambers of Engineers, Professional Associations, Bar Associations, etc.), trade unions, or the Turkish Statistical Institute (TÜİK). Claims that a senior or qualified employee works for minimum wage—contrary to the ordinary course of life—are not accepted by courts in labor law in Turkey.
• Bank Movements and Personal Transfers: Regular transfers made to the employee’s personal bank account on specific dates every month by company partners, managers, or accounting personnel under “unexplained” headers or labeled as “loans” serve as the most concrete presumptions of off-the-record cash payments.
• Written and Digital Correspondence: WhatsApp messages, email correspondence, informal pay slips, or handwritten receipts/notes containing salary amounts, bonus calculations, or cash payment dates.
• Witness Statements: Consistent accounts from colleagues who worked at the same workplace and personally know the workplace’s salary payment system (bank + cash payment model) complete the evidentiary power.
• Employee’s Education and Seniority: Certificates, areas of expertise, and responsibility levels possessed by the employee are taken into account by courts in determining the true wage in employment law in Turkey.

5. What Are Litigation Expenses in Labor Lawsuits in Turkey?

Managing cost dimensions and litigation expenses in labor litigation requires technical care in labor law in Turkey:

• Court Fees and Advance Expense Deposit: When filing a employment lawsuit in Turkey, proportional or fixed court fees according to the lawsuit type, alongside an advance expense deposit covering expert witness, witness, and notification expenses, must be deposited into the court cash office. In employee receivables lawsuits, legal aid may come onto the agenda depending on the employee’s financial condition under labor law in Turkey.

• Litigation Expenses and Attorney Fees: Fees of the court-appointed expert witness are covered from the advance expense deposit. The party losing the case is obligated to pay the litigation expenses incurred by the opposing party and the statutory attorney fees awarded by the court. Therefore, setting requested receivable items insufficiently or excessively creates a financial expense risk.

6. Is Hiring an Employment Law Attorney Mandatory in Labor Lawsuits in Turkey?

In the Turkish legal system, there is no mandatory legal representation requirement in lawsuits heard before labor courts; parties can file and pursue their lawsuits personally. However;

• Proper management of the mandatory mediation process as a cause of action,
• Tracking of preclusive periods and statutes of limitations,
• Timely objections to erroneous calculations in expert witness reports (such as equity deductions, coefficient calculations),
• Determining which party bears the burden of proof and navigating the evidence submission stages,

a single procedural error committed in such technical matters can result in the procedural rejection of a lawsuit without even entering into its merits, even when legally justified. For this reason, in practice under labor law in Turkey, parties prefer to work with an expert labor law attorney in Turkey right from the very first step.

WHAT ARE THE TYPES OF LAWSUITS IN LABOR LAW IN TURKEY?

Labor law in Turkey disputes encompass a wide spectrum, ranging from rights violations arising during the continuation of an employment contract to the termination of the contract and social security rights. The primary types of lawsuits that stand out in labor litigation in terms of trial procedures, preclusive periods, and rules of evidence under employment law in Turkey are as follows:

1. Reinstatement Lawsuit (Job Security Claim) in Turkey

A reinstatement lawsuit in Turkey is a type of lawsuit regulated under Articles 18–21 of Labor Law No. 4857 in labor law in Turkey, aiming for the determination of the invalidity of the termination and the reinstatement of an employee who was dismissed without a valid reason being presented by the employer (or where the reason presented is invalid).

For a reinstatement lawsuit to be filed under employment law in Turkey, the following 4 conditions must be fulfilled simultaneously:

• At least 30 employees must be working at the workplace,
• The employee must have at least 6 months of seniority at that workplace,
• The employment contract must be for an indefinite term,
• The termination must not rely on a valid cause or must not be executed in compliance with procedure.

The employee must apply to mandatory mediation in Turkey within 1 month from the date the termination notice is served to them. If no agreement is reached during the mediation process, a lawsuit must be filed before the competent labor court within 2 weeks from the date the final mediation protocol is issued. These periods are preclusive in nature, and if missed, the right to file a employment lawsuit is entirely lost. For this reason, having an experienced employment law attorney in Turkey track deadlines and applications right at the beginning of the process is of vital importance.

2. Employee Receivables and Compensation Lawsuits in Turkey

This lawsuit, covering claims such as severance pay, notice pay, overtime pay, weekly rest pay, national and general holiday (UBGT) pay, annual leave receivables, and unpaid salary claims, is the most frequently encountered type of labor lawsuit in practice under Turkish labor law. In employee receivables and compensation claims, the method of proof, type of evidence, and the party bearing the burden of proof required by the court are completely different for each individual claim item.

Although lawsuits filed for employee receivables and compensations may appear from the outside as simple trials where only the entitled amounts are requested, employee receivables and compensation lawsuits in Turkey actually require extremely high technical detail, legal experience, and knowledge of precedent court decisions. Before and during the lawsuit;

• Complying with mandatory statutory deadlines and defenses based on statutes of limitations,
• Accurately determining which party bears the burden of proof and evidence for each receivable item,
• Properly applying variable interest types, such as the highest bank deposit interest rate for severance pay, highest deposit interest for overtime, or statutory interest rate for notice pay,
• Meticulously tracking amendment (or additional lawsuit/fee completion) periods and statute of limitations deadlines, which are critical after expert witness reports to ensure rights are not forfeited,
• Applying gross-to-net wage conversions and enhanced wage calculation techniques

directly determine the course of the employment lawsuit in Turkey and the total amounts of severance and wrongful termination compensation to be awarded. Since a single mistake committed in these technical and procedural details can lead to the rejection of claims due to statutes of limitations or lack of evidence even in a legally justified lawsuit, running the process with an expert and experienced employment lawyer in Turkey from the very beginning is of vital importance.

3. Determination of Employment Period Lawsuit (Unregistered Work Claim) in Turkey

This is a lawsuit filed to establish through a court judgment the existence and true duration of employment in cases where the worker was employed without insurance (off-the-record / unregistered work) or where Social Security Institution (SGK) premium days and/or the actual wage that should have been received were underreported. The determination of employment period lawsuit plays a key role in protecting the employee’s pension rights, disability rights, and social security rights under labor law in Turkey.

Periodic workplace payroll witnesses, statements from neighboring workplace employees, precedent wage research, and official SGK records form the fundamental bases of the lawsuit. A technical legal evaluation is essential in the face of situations such as statute of limitations periods for filing lawsuits and changes of employer under labor law in Turkey.

4. Mobbing and Bad Faith Compensation Lawsuits in Turkey

Systematic, continuous psychological pressure applied with intimidation intent against an employee in the workplace (mobbing) constitutes a violation of the employee’s personal rights and forms the subject of a lawsuit for non-pecuniary damages. On the other hand, in cases where the contracts of employees not covered by job security (in workplaces employing fewer than 30 workers) are terminated contrary to the rule of good faith for reasons such as pregnancy, trade union activity, or seeking legal remedies, bad faith compensation amounting to 3 times the notice period can be claimed pursuant to Article 17 of the Turkish Labor Law.

Since labor law courts Turkey directly reject abstract claims in both mobbing and bad faith compensation lawsuits, the burden of proof and evidence discipline determine the fate of the process. Claims must be substantiated through email correspondence, WhatsApp messages, camera recordings, medical and psychiatric reports, internal grievance petitions, or mutually consistent witness statements. Because the rejection of claims whose legal foundations are not solidly built or whose evidence is submitted incompletely is inevitable, lawsuit preparation must be meticulously structured with an expert employment law attorney in Turkey.

5. Occupational Accident and Occupational Disease Compensation Lawsuits in Turkey

Pecuniary lawsuits (temporary/permanent incapacity for work, loss of support) and non-pecuniary compensation lawsuits filed in the event of an employee’s bodily integrity being harmed or their death as a result of a work accident or occupational disease constitute one of the most sensitive and technical areas of labor law in Turkey. In these disputes, the compensation amount is determined through actuarial calculations by considering the employee’s disability rate, age, income, and fault ratios of the parties.

Pecuniary and non-pecuniary compensation lawsuits in Turkey originating from work accidents or occupational diseases are exempted from the scope of mandatory mediation as a cause of action, contrary to the general rule in employment law in Turkey. Therefore, parties can file a lawsuit directly before the labor court without the obligation to apply to a mediator.

The court obtains a committee report composed of occupational health and safety (OHS) expert witnesses to determine fault ratios. Here, the employer’s duty of care toward the employee, providing necessary training, supplying equipment, and establishing an inspection mechanism in the workplace serve as decisive criteria. The cash capital value of incomes attached by the SGK to the employee or, in case of death, to the beneficiaries is deducted (offset) from the pecuniary compensation amount calculated by the court in labor law in Turkey.

In the face of both objection processes against fault and disability reports and the complex regime in actuarial compensation calculations, acting with an expert labor law attorney in Turkey right from the beginning directly prevents potential losses of rights.

HOW TO FILE A EMPLOYMENT LAWSUIT IN TURKEY?

The answer to the question “How to file an employment lawsuit in Turkey?” varies depending on the nature of the claim (wage claim, reinstatement, or work accident); however, labor litigation in Turkey is generally subject to specific procedural rules and stages. The legislator in Turkey has stipulated mandatory mediation as a litigation prerequisite prior to trial for certain labor lawsuits.

The initiation and litigation process of a labor lawsuit in Turkey proceeds step by step as follows:

1. Application for Mandatory Mediation in Turkey Before Filing An Employment Lawsuit in Turkey

In Turkish labor law, for disputes regarding employee receivables (severance pay, notice indemnity, overtime pay, weekend holiday pay, public holiday pay, annual leave pay, and unpaid wage claims) as well as reinstatement claims, applying to the mediation bureau before filing a lawsuit is a statutory litigation prerequisite pursuant to Law No. 7036 on Labor Courts in Turkey. Lawsuits filed directly without applying to the competent mediation bureau are procedurally dismissed by the court due to the lack of a litigation prerequisite, without examining any merits of the case.

The applicant party (or their attorney) applies to the Mediation Bureau of the competent courthouse in Turkey with a petition and identity/power of attorney documents, registering their claims regarding the dispute into the system. Following the receipt of the application, the Mediation Bureau officially assigns an independent and impartial mediator registered in the Ministry of Justice mediators registry in Turkey for the file.

2. Mediation Negotiations and Deliberation

The mediator assigned by the Ministry of Justice in Turkey contacts the parties, conveys the meeting invitation for the first session, and explains the legal framework of the process. If the parties reach a settlement as a result of these negotiations, a mediation settlement protocol containing the agreed claim items and conditions is drawn up. This protocol, signed by the parties and the mediator, is deemed a document in the nature of a court judgment upon obtaining an enforceability endorsement from the court (or directly if signed jointly by the attorneys and the parties) in Turkey. With the signing of the settlement protocol, the dispute is definitively resolved, and the parties’ right and need to file a lawsuit for the same claim items are eliminated. If the parties fail to reach an agreement, the mediator terminates the process and issues the “Final Minutes of Non-Agreement”, which is a condition for filing a lawsuit, and serves it to the parties.

3. Filing the Labor Lawsuit in Turkey

If an agreement cannot be reached in the mediation negotiations, the process is carried over to the judicial stage in Turkey. At this stage, the plaintiff party prepares the statement of claim containing the claimed receivable items, the concrete legal grounds for these claims, the means of proof (witness list, payrolls, written records, etc.), and the mandatory litigation prerequisite final minutes of non-agreement from mediation. In the petition, correctly making characterizations such as whether the claims constitute a partial lawsuit or whether rights regarding the excess are reserved, as well as explicitly specifying the type of interest and start dates appropriate for each item—such as the highest bank deposit interest rate for severance and wage claims, and legal interest for notice and leave claims—prevents loss of rights in Turkey. Flawless drafting of the statement of claim is critical for the course of the lawsuit, protecting rights against statute of limitations defenses, and clearly establishing the demand result.

The prepared statement of claim is submitted to the civil courts distribution bureau of the courthouse where the authorized and competent labor court is located pursuant to the Code of Civil Procedure and the Law on Labor Courts in Turkey, and is registered into the system physically or with an electronic signature via the National Judiciary Informatics System (UYAP) in Turkey. In order for the lawsuit to be considered officially filed and for the notification processes to be initiated, paying the required court fees and advance expense amount in full during distribution is mandatory in Turkey.

4. Submission of the Final Minutes Court

The plaintiff is obliged to attach the original of the mediation final minutes or a copy certified by the mediator to the statement of claim in Turkey. If this document is not submitted, the court grants a strict period of 1 week; if the final minutes are not submitted within this period, the employment lawsuit in Turkey is procedurally dismissed.

5. Litigation Phase of the Labor Lawsuit in Turkey

Following the submission of the statement of claim to the court in Turkey and after the issuance of the preliminary proceedings record, the exchange of petitions phase is completed by mutually serving the statements of claim and defense responses to the parties, after which the court first conducts the preliminary examination hearing. During the preliminary examination stage, the points of dispute, litigation prerequisites, and initial objections are identified, and the parties are encouraged to reach a settlement or mediation.

If an agreement cannot be reached, the process moves to the investigation phase in Turkey. During this process, the court collects the evidence reported by the parties, hears the witnesses, and if technical evaluation is required to resolve the dispute, submits the file to an expert witness. The expert witness examines the employee’s dressed gross wage, length of service, time tracking and payroll records, Social Security Institution (SGK) transcripts, and statements of party witnesses, submitting a report to the court containing technical and actuarial calculations of receivable items such as severance and notice indemnities, overtime pay, weekend holiday pay, and national/public holiday (UBGT) pay. The parties reserve the right to object to the expert report, and its compliance with procedure and law is audited by the court before being taken as the basis for the judgment.

6. Appellate Remedies in Turkey

Against the decision rendered by the labor court in Turkey, the parties may apply for an appeal before the Regional Court of Justice (BAM) within two weeks from the notification of the decision. Decisions rendered as a result of the appeal examination may be appealed further before the Court of Cassation (Yargıtay), provided that the monetary thresholds and conditions specified in the law are present. However, the legislator in Turkey has introduced special regulations for certain labor lawsuits:

• In lawsuits with reinstatement claims, decisions rendered by the Regional Court of Justice (Appeal) are definitive by law. No further appeal to the Court of Cassation can be made against these decisions.
• Claims and compensation decisions falling below a specific monetary threshold are closed to appeal or further appellate review (decided as definitive) in Turkey.

7. Finalization of the Court Decision and Enforcement Proceedings

With the failure to apply for appellate remedies within the statutory period or the completion of legal remedy reviews, the court decision becomes definitive (finalized) in Turkey. Following the finalization of the decision, the final and most critical stage of the process, the enforcement stage, is entered:

• Collection in Receivables Lawsuits: The finalized court order is put before the Enforcement Office, and enforcement with judgment is initiated in Turkey. The awarded indemnities, overtime pay, wage claims, accrued interest, litigation expenses, etc., are forcibly collected from the debtor employer through seizure/safekeeping operations and bank account blocks.
• Execution of Reinstatement Decisions: Within 10 business days from the finalization of the reinstatement lawsuit, the employee is obliged to submit an application to start work to the employer in Turkey. If the employer does not reinstate the employee within 1 month, the reinstatement indemnity and idle time wages determined by the court are subjected to enforcement.

Missing the deadlines during the legal remedy stages and the execution of finalized decisions (especially the 10-business-day application deadline to start work or appeal/further appellate review deadlines) can lead to the loss of all gains; therefore, executing the enforcement proceedings with an expert labor attorney in Turkey is essential.

IS FILING A LABOR LAWSUIT AN OBSTACLE TO RECEIVING UNEMPLOYMENT BENEFIT IN TURKEY?

Filing a labor lawsuit in Turkey is definitely not an obstacle to receiving unemployment benefit in Turkey. An employee whose employment contract is terminated by the employee for just cause (non-payment of wages, mobbing, etc.) or terminated unjustly by the employer can receive unemployment benefits by applying to İŞKUR within the statutory timeframe, provided they meet other legal conditions (600 days of premium contributions in the last 3 years and uninterrupted employment for the last 120 days) under Turkish labor law.

However, due to SGK (Social Security Institution) exit codes, the following critical process frequently occurs in practice in Turkey:

• Erroneous/Bad-Faith SGK Code Notification: If the employer reports the SGK exit code incorrectly or in bad faith to block İŞKUR payments (for instance, resignation as “Code 03” or breach of ethics and good faith as “Code 46”), İŞKUR initially rejects the unemployment benefit application in Turkey.

• Lump-Sum Collection After Lawsuit or Mediation: If it is established through a labor lawsuit (or a mediation agreement process) filed by the employee that the termination was unjust, executed by the employer, or terminated by the employee for just cause, the employee can apply to İŞKUR with this court judgment or official protocol to collect all earned but unpaid unemployment benefits retroactively in a lump sum in Turkey.

Important Preclusive Period Warning: Even if the employer reports an SGK code that blocks the benefit, the employee must submit an application to İŞKUR in person or via e-Devlet within 30 days from the date of termination in Turkey. In order to receive retroactive payments upon winning the lawsuit, this 30-day application period must not be missed.

WHAT SHOULD A DISMISSED EMPLOYEE PAY ATTENTION TO IN TURKEY?

The termination of an employment contract is the stage where disputes and lawsuits are most intensely experienced in Turkish employment law practice. The form of termination executed by the employer, the documents presented to the employee, and the payment protocols made directly shape the administrative and judicial fate of the process. Documents executed or signed during the dismissal process without the supervision of a employment lawyer in Turkey may lead to the complete loss of the employee’s statutory labor rights, compensation, and litigation rights.

1. Verification of Compliance of Termination Notice with Statutory Requirements and Deadlines in Turkey

Pursuant to Article 19 of Labor Law No. 4857 in Turkey, the employer is obligated to make the termination notice in writing and state the reason for termination in a clear and definitive manner. Verbal dismissals and notifications without clearly explained grounds are legally invalid in Turkey.

At this stage, the primary points an employee must pay attention to in Turkey are as follows:

• Mandatory Obligation to Obtain Written Defense: In terminations originating from the employee’s behavior or performance (for example, low performance, tardiness, etc.), terminations executed without obtaining the employee’s written defense are deemed directly invalid in terms of form in Turkey. (The employer’s right to immediate termination for just cause under Article 25/II is an exception to this rule).
• Notification and Objection Deadline: Statutory deadlines begin upon the service of the termination notice to the employee. For instance, to file a reinstatement lawsuit, a mandatory mediation application must be submitted within a 1-month preclusive period from the notification of termination in Turkey.
• Reasonless or Abstract Terminations: If no reason is stated in the termination notification letter or if the reason consists of abstract expressions (for example, writing merely “inefficiency” without presenting concrete performance criteria and data), court decisions award the payment of employee indemnities in Turkey.
• Signing with a Reservation Annotation  The employee is not obligated to sign the termination notification presented to them. If they must sign or acknowledge receipt, placing a written reservation annotation at the bottom of the notification document stating “I do not accept the grounds for termination, all my legal and claim rights are reserved” alongside the date and signature prevents loss of employment rights in Turkey.

2. Absolute Audit of Legal Validity Requirements for Release Agreements in Turkey

A release agreement in Turkey is a document in which the employee declares upon leaving the workplace that they have received all receivables and release the employer (waive all rights). However, Article 420 of the Turkish Code of Obligations No. 6098 (TBK) has introduced strict validity conditions for releases to protect the vulnerable employee in Turkey:

• Date Requirement (1-Month Waiting Period): The release agreement must be executed at least 1 month after the termination of the employment contract in Turkey. Releases signed on the date of exit or while still working are legally completely invalid.
• Written Form and Itemized Breakdown: The release must be in writing, and the type and amount of the released receivable must be clearly indicated item by item (for example: Severance pay: … TRY, Overtime pay: … TRY). Printed, general, and abstract release texts stating “I have received all my rights, I have no claims” are deemed invalid by courts in Turkey.
• Payment via Bank: The amount of receivables specified in the release must be paid in full through a bank. For amounts paid in cash (off-the-record) or underpaid via the bank, the release does not extinguish the debt; the paid amount is merely considered an advance payment (partial payment) in Turkey.

Releases signed without being reviewed by a labor law attorney in Turkey during the dispute process may completely eliminate the possibility of claiming indemnities and receivables even in legally justified cases.

3. Attention Must Be Paid to Losses of Rights When Concluding a Mutual Termination Agreement in Turkey

A mutual Termination Agreement is the termination of an employment contract by mutual and free declarations of intent between the employee and the employer in Turkey. In practice, employers frequently offer mutual termination agreement to employees in order to eliminate the risk of reinstatement lawsuits in Turkey.

When evaluating or drafting a mutual termination agreement , the following legal principles must be taken into account in Turkey:

• Reasonable Benefit Criterion: According to established Court of Cassation jurisprudence in Turkey, if the mutual termination agreement offer originates from the employer, for the agreement to be considered legally valid, a “reasonable benefit” must be provided to the employee in addition to severance and notice indemnities (in practice, this usually means an additional compensation package equal to at least 4 months’ salary on top of severance and notice receivables). Mutual rescission agreements signed without providing a reasonable benefit or signed under duress are deemed invalid by courts and categorized as an employer termination in Turkey.
• Loss of Unemployment Benefit: Since a mutual termination agreement is in the nature of a “mutual agreement” (SGK Exit Code 22), an employee leaving work via a mutual termination agreement cannot receive unemployment benefits from İŞKUR in Turkey.
• Termination of Reinstatement Claim Rights: When a valid mutual rescission agreement is signed, the employee cannot object to the termination and loses the right to file a reinstatement lawsuit in Turkey.
• Tax Exemption: Pursuant to the Income Tax Law in Turkey, the portion of additional compensations (reasonable benefit amount) paid under a mutual termination agreement that does not exceed the employee’s 8-month wage is exempt from income tax.
• Need for Legal Consultation: Even if the phrase “I have received all my rights” is included in the agreement text, who initiated the offer and whether a reasonable benefit was provided determine the course of potential litigation in Turkey. Therefore, obtaining legal consultation from an employment lawyer in Turkey when evaluating a mutual termination agreement proposal is critical to preventing potential loss of rights.

4. The Employee Must Exercise the Right of Immediate Termination for Just Cause (Article 24) Correctly in Turkey

The termination of an employment contract does not occur solely through employer dismissal; when conditions specified by law materialize, the contract can also be terminated immediately by the employee. Pursuant to Article 24 of Labor Law No. 4857 in Turkey, the employee has the right to immediately terminate the employment contract for just causes such as:

• Non-payment or underpayment of salary, overtime, weekly rest, or official holiday wages,
• Failure to deposit SGK insurance premiums over the real wage or underreporting premiums,
• Being subjected to mobbing (psychological harassment), discrimination, or insult at the workplace,
• Fundamental adverse changes in working conditions to the detriment of the employee (for example, changing the place of assignment or working hours without consent).

In these situations, even though the employee leaves the job, they are entitled to severance pay; however, they cannot claim notice indemnity in Turkey. The biggest error committed during a just cause termination process in Turkey is leaving work by submitting a resignation letter. Issuing the notice of just cause termination and formal notice via a notary public with accurate legal grounds under the guidance of a labor law attorney in Turkey forms the strongest foundation for the subsequent employee receivables lawsuit to be filed.

5. Distinction Between Resignation and Just Cause Termination Must Be Observed, and Incorrect Petitions Must Not Be Signed in Turkey

In Turkish labor law practice, “resigning” and “terminating the employment contract for just cause” must not be confused with one another; indeed, these two concepts produce completely different legal consequences.

• Distinction Between Resignation and Just Cause Termination: When an employee leaving work because their salary or overtime receivables were unpaid writes expressions such as “I resign of my own free will” or “I am leaving due to personal reasons” in their petition, they are considered legally to have executed a termination without cause and by their own consent in Turkey.
• Risk of Severance Pay and Unemployment Benefit Loss: Unless defect of intent (duress, threat, misrepresentation, etc.) is proven with concrete evidence in court, an employee who submits a standard printed resignation petition is deprived of severance pay and İŞKUR unemployment benefits in Turkey.
• Issuing a Formal Notice via Notary Public: An employee whose rights have been violated must, instead of resigning, issue a reasoned “Notice of Termination for Just Cause” via a notary public through an employment law attorney in Turkey. This procedural action legally secures the employee’s right to severance pay and all other labor receivables, forming the primary foundation of the lawsuit.

Important Legal Warning: When leaving work due to just causes such as non-payment of wages and other rights, mobbing, or underreported Social Security Institution (SGK) premiums, a “resignation petition” must definitely not be submitted, and “I resign” must never be written on any document in Turkey. It is essential that the termination process is conducted not with rights-forfeiting “resignation” phrases, but through a “Notice of Termination Based on Just Cause” issued via a notary public.

6. What Should an Employee Whose Salary or Overtime Pay Is Unpaid Do in Turkey?

An employee whose wage, overtime receivable, weekly holiday pay, or insurance premiums are underpaid or unpaid at all has the right to immediately terminate the employment contract for just cause pursuant to Article 24/II of Labor Law No. 4857 in Turkey.

The legal steps the employee must follow during this process are as follows:

• Formal Notice Must Be Issued via Notary Public: A formal notice must be sent to the employer via a notary public, specifically stating the unpaid salary, overtime pay, underreported SGK premiums, and other receivable items. The formal notice both puts the employer in default—establishing the start date of interest accruing on receivables—and forms the primary foundation for the employment lawsuit to be filed in Turkey.
• Mediation and Lawsuit Process: If receivables are not paid after the period specified in the formal notice expires, an application for mandatory mediation (a litigation prerequisite) must first be submitted; if no agreement is reached during mediation, a lawsuit for receivables must be filed before the Labor Court in Turkey.

7. What Should Be Done in Case of Forced Resignation or Being Made to Sign Printed Documents by the Employer in Turkey?

Signatures obtained from an employee through employer pressure, threat, mobbing, or misrepresentation legally constitute a defect of intent (signature under duress/coercion) in Turkey. The employee is strictly not obligated to sign resignation petitions, releases, or printed texts presented to them.

When encountering such a situation, the steps to be followed are:

• No Obligation to Sign: The employee has no obligation to sign any resignation petition or printed document stating that they waive their rights presented to them in Turkey.
• Signing with a Reservation Annotation: If the document is signed under force or duress, a written reservation annotation stating “I do not accept the content and rationale, I acknowledge receipt under duress, all my legal and claim rights are reserved” must be written immediately above or next to the signature line, alongside the date and signature.
• Issuing a Notice of Defect of Intent: If the employee has signed a blank/printed resignation petition or release under duress, a formal notice must be sent via a notary public without delay under the guidance of a labor law attorney in Turkey. In the formal notice, it must be explicitly notified that the signature was taken under defect of intent (duress/coercion), that the text does not reflect the truth, and that the employment contract was actually unjustly terminated by the employer or terminated for just cause by the employee.
• Proof and Witness Statements: The fact that a signature was forced under pressure and threat can be proven in court by evaluating messaging records, statements from colleagues present at the workplace at that time (witnesses), and the event’s inconsistency with the ordinary course of life in Turkey.

8. Is an Employee Who Resigns Unable to Receive Severance Pay Under Any Circumstances in Turkey?

As a rule, resigning does not grant an employee the right to severance pay in Turkey. However, pursuant to Labor Law No. 4857 and Article 14 of the repealed Labor Law No. 1475 (which remains in force), in the presence of statutory exception cases, the employee is entitled to severance pay even if they leave work of their own volition (“resign/terminate”) in Turkey.

The exceptional circumstances under which an employee can receive severance pay despite leaving voluntarily or for just cause are:

• Termination for Just Cause (Labor Law Art. 24): In cases such as non-payment of wages or overtime pay, underreported SGK premiums, mobbing, or fundamental changes in working conditions, the employee can terminate the contract and receive severance pay in Turkey.
• Marriage of a Female Employee: When a female employee unilaterally terminates her employment contract on grounds of marriage within 1 year from the official marriage date, she is entitled to severance pay in Turkey.
• Military Service: When a male employee leaves work due to compulsory military duty (provided it is presented with a military dispatch document), he can receive severance pay in Turkey.
• Retirement or Completion of Insurance Period / Premium Days: An employee who completes the required insurance period and number of premium contribution days for retirement excluding age (for example, 15 years and 3600 premium days or phased conditions depending on the date of entry into employment) is entitled to severance pay upon leaving work after obtaining a “Can Receive Severance Pay” letter from SGK and submitting it to the employer in Turkey.
• Death of the Employee: In the event of the employee’s death, if their length of service exceeds 1 year, the right to severance pay passes to heirs who have not rejected the inheritance within the scope of inheritance law in Turkey.

9. What Should Be Done in Case an Employee’s Insurance Is Underreported or Shown at Minimum Wage in Turkey?

Underreporting the employee’s real salary to SGK or depositing premiums irregularly/incompletely constitutes a severe regulatory violation on the part of the employer and grants the employee critical legal rights under labor law in Turkey:

• Immediate Termination for Just Cause and Severance Pay: Pursuant to Article 24/II of Labor Law No. 4857, misreporting the wage or SGK premiums gives the employee the right to terminate the employment contract immediately and for just cause. When the employee leaves work by issuing a formal notice via a notary public on these grounds, they are entitled to severance pay in Turkey.
• Determination of Employment Period Lawsuit: A Determination of Employment Period Lawsuit can be filed before the Labor Court to compensate for retroactive loss of rights, correct premium days, and adjust real earnings in Turkey. As a result of this lawsuit, missing premiums determined by the court are collected from the employer, SGK records are updated, and both the retirement calculation and pension amount are protected under labor law in Turkey.
• Precedent Wage Research and Proof: During the employment lawsuit process in Turkey, the court conducts precedent wage research through relevant professional chambers (Chamber of Engineers, Bar Associations, etc.) and TÜİK based on the employee’s seniority, professional experience, and job performed. When combined with bank records, written communications, and witness statements, the determination of underreported premiums based on the real salary is ensured in Turkey.

10. What Should Be Done in Case of Dismissal Due to Pregnancy or Childbirth in Turkey?

Termination of an employee’s employment contract due to pregnancy, childbirth, or maternity leave constitutes a direct violation of the prohibition of discrimination pursuant to Labor Law No. 4857 and the Turkish Code of Obligations in Turkey. The employer cannot state a female employee’s pregnancy, childbirth, or exercise of maternity leave rights as grounds for termination.

The legal rights and steps to be followed by a female employee encountering this situation in Turkey are as follows:

• Right to File a Reinstatement Lawsuit: An employee who meets job security requirements (having at least 6 months of seniority and working in a workplace employing 30 or more workers) can apply for mandatory mediation—a litigation prerequisite—within 1 month from the notification of termination to request the invalidity of termination and reinstatement in Turkey.
• Discrimination Indemnity (Art. 5): Pursuant to the “Principle of Equal Treatment” regulated under Article 5 of the Labor Law, when termination is executed based on gender, pregnancy, or maternity, the employee has the right to claim Discrimination Indemnity amounting to up to 4 months’ wage. Discrimination indemnity is a special sanction awarded in addition to other compensation rights in Turkey.
• Severance and Notice Indemnity: Since the termination is unjust, the employee is also fully entitled to severance and notice indemnities, provided statutory conditions are met in Turkey.
• Ease of Proof and Presumption: Dismissing a female employee shortly after she notifies the employer of her pregnancy without presenting a reasonable and concrete justification creates a strong presumption that the termination was executed due to pregnancy. Before courts in Turkey, the burden of proof rests on the employer to demonstrate that the termination was based on a concrete, valid, and just cause other than pregnancy.

11. Can an Employee Start Working at Another Job Immediately After Terminating the Contract for Just Cause in Turkey?

An employee who terminates the employment contract for just cause pursuant to Article 24 of Labor Law No. 4857 (non-payment of wages, underreported SGK premiums, mobbing, etc.) can start working as an insured employee under another employer from the moment the contract is terminated in Turkey.

The legal points to observe during this process in Turkey are as follows:

• Impact on Compensation and Receivable Rights: Starting to work at a new job after termination does not affect lawsuits to be filed against the former employer for severance pay, overtime pay, annual leave, and other labor receivables, nor does it impact awarded compensation rights in Turkey.
• Properly Clarifying the Date of Termination: Before starting a new employment entry, the formal notice of termination for just cause sent to the former workplace via a notary public must have been served, or the intent to terminate must have been clearly delivered in Turkey. Registering an insured job entry at a new workplace before the employment contract is legally terminated may create grounds for the employer to terminate for just cause.
• Situation Regarding Reinstatement Lawsuits: Even if the employee files a reinstatement lawsuit claiming invalidity of termination, they may work at another job to earn a living during the litigation process in Turkey. In the event of winning the lawsuit, it is sufficient to comply within the statutory timeframe with the employer’s invitation to restart work.
• Confidentiality and Non-Compete Clauses: Even if a termination for just cause is executed, the employee’s obligation to maintain trade secrets pertaining to their employment period continues. Furthermore, if a valid non-compete clause exists in the employment contract, this aspect must be taken into consideration when making a new job choice in Turkey.

12. What Compensations Can Be Claimed in Case of an Occupational Accident in Turkey?

An employee who suffers an occupational accident, or the relatives of an employee in the event of death resulting from an occupational accident, possess extensive compensation and social security rights under Social Insurance and General Health Insurance Law No. 5510 and the Turkish Code of Obligations No. 6098 in Turkey.

The rights and types of compensation that can be claimed following a work accident are as follows:

a) Rights Provided by SGK (Social Security Institution) in Case of an Occupational Accident:

• Temporary Incapacity Allowance: The incapacity allowance (medical leave pay) paid by SGK for the days the employee is on medical leave (unable to work) in Turkey.
• Permanent Incapacity Income: Monthly income attached by SGK to an employee determined by a medical board report to have lost at least 10% of their earning capacity in their meassure/profession.
• Death Income and Lump-Sum Payment: Monthly income attached to beneficiaries (spouse, children, mother/father) in the event of the employee’s death in Turkey.
• Funeral Allowance and Marriage Allowance: One-time monetary aids paid to the family of the deceased insured worker.

b) Compensation Lawsuits to Be Filed Against the Employer in Case of an Occupational Accident:

• Pecuniary Compensation (Maddi Tazminat): Covers the employee’s loss of earnings, damages arising from loss of working/bodily power, treatment and care expenses, and economic losses to be suffered in the future. In the event of death, relatives can claim Compensation for Loss of Support in Turkey.
• Non-Pecuniary Compensation (Manevi Tazminat): Compensation awarded by the court for the purpose of partially offsetting the bodily and mental pain, grief, and suffering experienced due to the occupational accident. In cases of severe injury or death of the employee, relatives can also file a lawsuit for non-pecuniary damages in Turkey.
• SGK Notification and Determination of Fault: It is mandatory to notify law enforcement immediately and SGK within 3 business days at the latest following an occupational accident in Turkey. When calculating compensation amounts, the determination of fault ratios made by labor inspectors and court-appointed expert witnesses (the employer’s breach of duty to take occupational health and safety measures) plays a decisive role.

PROCEDURAL ERRORS AND RISKS OF RIGHT FORFEITURE IN TURKISH EMPLOYMENT LAW LITIGATION

Employment law litigation in Turkey is a technical field governed not only by substantive law rules but also by highly strict procedural requirements, peremptory time limits, and formal conditions. In practice, despite having valid legal grounds or high receivable claims, technical procedural errors frequently result in cases being dismissed on procedural grounds without an examination of their merits, or lead to the total loss of compensation rights.

To prevent irreparable losses of rights in labor law disputes in Turkey, the primary procedural rules and most common procedural mistakes to observe during employment law litigation and mediation processes are detailed below:

1. Errors Committed in Mandatory Mediation Processes

Mediation is the initial mandatory legal prerequisite that must be fulfilled in a significant portion of labor disputes in Turkey. Procedural deficiencies made at this stage produce irreparable consequences during the court phase:

• Absence or Late Submission of the Final Minute: The “Final Minute of Unsettlement” issued at the conclusion of mediation must be attached to the statement of claim (lawsuit petition) in Turkey. If it is omitted and not submitted within the 1-week peremptory period granted by the court, the lawsuit will be dismissed on procedural grounds.
• Litigating Claims Not Demanded in Mediation: Each receivable item stated in the lawsuit petition (e.g., severance pay, overtime pay, mobbing compensation) must have been individually specified and negotiated in the mandatory mediation application form in Turkey. If an item not negotiated during mediation is directly made the subject of a lawsuit, the court will dismiss the case regarding that specific item due to the absence of a cause of action (lack of litigation prerequisite).
• Filing a Lawsuit Despite an Agreement Minute: The “Agreement Minute” signed by the parties at the end of mediation carries the legal force of a court judgment under Turkish law. No lawsuit can subsequently be filed for receivable items agreed upon and released in mediation (e.g., severance pay or overtime pay).

2. Missing Peremptory Periods and Statutes of Limitations

Time limits in Turkish labor law outline the most critical boundaries of the freedom to seek justice and the right to be heard. If time limits expire, the court will dismiss the case on procedural grounds without reviewing the substantive merits or validity of the claim.

• 1-Month Peremptory Period in Reinstatement Lawsuits: An employee seeking reinstatement must apply for mandatory mediation within 1 month from the date the termination notice is served. This 1-month period is a peremptory time limit and is taken into account by the court ex officio. A delay of even a single day results in the dismissal of the employment lawsuit in Turkey.
• 5-Year Statute of Limitations for Indemnity and Wage Claims: Under Turkish labor legislation, the statute of limitations for severance pay, notice pay, annual leave pay, overtime pay, national holiday/general holiday pay, and wage receivables is 5 years. If claims subject to the statute of limitations are demanded, the opposing party may raise a statute of limitations defense. This makes the collection of the claim legally impossible and creates the risk of paying attorney fees and court costs to the opposing party for the dismissed portion.
• Statute of Limitations Risks in Amendment and Value Increase Petitions: In partial lawsuits filed in Turkish labor courts, the 5-year statute of limitations continues to run for the remaining claim amounts until the submission of the amendment petition or value increase petition following the expert witness report.

3. Failure to Object to Expert Witness Reports Properly and Within the Statutory Deadline

In Turkish labor courts, the precise amount of claim receivables becomes clear following an expert witness examination. Pursuant to the Code of Civil Procedure, the parties are granted a strict 2-week objection period starting from the notification of the expert report.

Procedural errors committed at this stage and their resulting risks in Turkey include:

• Legal Consequence of Failing to Object in Time: The general litigation principle stating that “failing to respond to a petition or document constitutes a denial of its content” does not apply to expert reports. Failing to object to an expert witness report within the statutory 2-week period implies the acceptance of the determinations and calculations contained within that report in Turkey.
• Risk of Procedural Acquired Right: If erroneous calculations in an expert report (e.g., incorrect calculation of dressed gross wages, inaccurate overtime calculations, or faulty evaluation of witness testimonies) are not challenged with concrete grounds within the 2-week peremptory period, the report creates a procedural acquired right in favor of the opposing party. Consequently, the court will not order a re-examination of unobjected points and will decide the case based on the erroneous report.
• Requirement for Concrete and Reasoned Objections: Abstract objections such as “we do not accept the report” are disregarded by labor courts in Turkey. The objection petition must explicitly state—backed by concrete grounds and Court of Cassation jurisprudence—which mathematical or legal parameters, precedent wages, or witness statements were overlooked.

4. Filing the Lawsuit in the Incorrect Court in Turkey

Filing a lawsuit before an improper court or a court lacking jurisdiction delays the examination of the merits, causing the file to bounce between courthouses for months or years due to decisions of non-jurisdiction or lack of subject-matter jurisdiction:

• Subject-Matter Jurisdiction of Labor Courts: Pursuant to Law No. 7036 on Labor Courts in Turkey, the court with subject-matter jurisdiction over all rights and claims arising from an employment contract between an employee and employer or based on the Turkish Labor Law is the Labor Court. Subject-matter jurisdiction pertains to public order and is evaluated by the court ex officio at any stage of proceedings. In locations where no specialized Labor Court exists, the lawsuit must be filed before the Civil Court of First Instance acting in the capacity of a Labor Court.
• Determination of Territorial Jurisdiction and Risk of Objections: In Turkish employment lawsuits, the court with territorial jurisdiction is either the court located at the residence/domicile of the defendant (real or legal person) on the date the lawsuit is filed, or the court where the work/transaction was performed. If there are multiple defendants, the court of the residence of any defendant is also competent. Since territorial jurisdiction in labor courts is generally not a matter of public order, the defendant must raise a jurisdictional objection as a preliminary objection within the statutory defense response period.
• Division of Courthouses in Metropolitan Cities: Particularly in major metropolitan areas like Istanbul, incorrect filings resulting from misidentifying judicial boundaries (e.g., Çağlayan, Anadolu, or Bakırköy courthouses) face jurisdictional objections from the defense. Transferring the case file to the correct courthouse leads to significant delays. Establishing the correct venue and jurisdiction at the outset prevents unnecessary loss of time and rights in Turkey. Obtaining local legal representation, such as an Istanbul labor lawyer, helps prevent these jurisdictional pitfalls.

5. Missing Evidence Submission Deadlines and Unlawfully Obtained Evidence in Turkey

In Turkish labor litigation, parties bear the burden of proving their claims and defenses. However, the method of submission, timing of presentation, and legal compliance of evidence are of vital importance under procedural law in Turkey:

• Failure to Submit Evidence List in Time and Risk of Peremptory Periods: It is essential to submit a complete evidence list when filing a lawsuit petition or presenting a response petition in Turkey. Pursuant to Article 140 of the Code of Civil Procedure (HMK), if a party who has not submitted evidence by the preliminary examination hearing fails to submit their evidence and deposit necessary costs within the granted 2-week peremptory period, that party completely forfeits the right to rely on the relevant evidence (is deemed to have waived the right to present evidence) under Turkish law.
• Failure to Deposit Evidence and Advance Expenses: If witness fees, expert witness advance payments, or notification/service expenses are not deposited within the strict period set by the court, the party is deemed to have waived that piece of evidence in Turkey. This failure directly leads to an inability to fulfill the burden of proof—especially in labor cases relying heavily on witness testimonies and expert examinations—resulting in the dismissal of the lawsuit.
• Prohibition Against Relying on Unlawfully Obtained Evidence: Pursuant to Article 38/6 of the Constitution and Article 189/2 of the Code of Civil Procedure (HMK) in Turkey, evidence obtained unlawfully is automatically disregarded by the court ex officio and cannot serve as the basis for a judgment. Audio and video recordings secretly taken by the employee or employer, correspondence violating the privacy of communications, or unauthorized personal data do not constitute admissible evidence in Turkey; moreover, they give rise to criminal liability (e.g., violation of private life under the Turkish Penal Code).

6. Incorrect Indication of Capacity to Be Sued (Incorrect Defendant Selection) in Turkey

Directing the lawsuit against the correct real person or legal entity is a prerequisite for examining the substantive merits of a labor case in Turkey. In practice, selecting the wrong defendant in subcontractor-principal employer relationships, corporate mergers/transfers, group companies, or branch office setups is a major procedural mistake frequently encountered in Turkey.

Procedural obstacles and risks arising from incorrect defendant selection include:

• Lack of Passive Standing: If the lawsuit is directed solely to the subcontractor instead of the principal employer (or vice versa), or solely to the top holding/group company, the court dismisses the case on procedural grounds due to the defendant’s lack of passive standing (a mandatory litigation prerequisite under Turkish law). Consequently, a new lawsuit must be refiled, causing severe time loss and unnecessary litigation expenses.
• Error of Filing a Lawsuit Against a Branch: If the employee actually worked at a branch location (e.g., a factory or regional directorate), they might erroneously file the lawsuit naming the branch as the defendant in Turkey. However, pursuant to Turkish Commercial Law, branch offices do not possess a separate legal personality or capacity to be a party to litigation. The lawsuit must strictly be filed against the headquarters of the legal entity that owns the branch in Turkey.
• Error of Filing a Lawsuit Against a Trademark / Brand Name: Employees sometimes designate a well-known brand or commercial trade name displayed on the workplace sign (e.g., a franchise location or a registered brand name of a major restaurant chain under IP Law.) as the direct defendant in Turkey. However, commercial trademarks or business names alone do not possess an independent legal personality or capacity to be a party to a lawsuit. The lawsuit must be directed against the actual legal entity (company) that holds the rights to that brand and stands as the party to the employment contract in Turkey; otherwise, the case will be procedurally dismissed due to lack of passive standing.

7. Failure to Submit the Witness List Properly to the Court in Turkey

In employment lawsuits in Turkey, witness testimonies play a decisive role in proving working conditions, overtime work, working hours, and payment methods. However, pursuant to the Code of Civil Procedure (HMK), the procedure for notifying and hearing witnesses is subject to strict statutory rules in Turkey:

• Obligation to Explicitly Rely on Witness Evidence: If reliance on witness evidence is not explicitly stated in the lawsuit or response petitions (or replication/rejoinder petitions) in Turkey, it is legally impossible to submit a witness list later and have witnesses heard. If “witness” evidence is not relied upon during the exchange of petitions phase, the right to call witnesses is completely forfeited under Turkish law unless the opposing party gives explicit consent.
• Prohibition Against a Second Witness List (HMK Art. 240/2): Once a witness list is submitted to the court, it is legally impossible to submit a second witness list for omitted points or names that come to mind later in Turkey. The names, surnames, and complete notification addresses of all witnesses must be accurately and fully stated in the initial list.
• Depositing Expenses Within the Strict Period: Even if the witness list is submitted, if the witness summons fees and witness attendance fees are not deposited within the peremptory period set by the court, the party is deemed to have waived the hearing of those witnesses in Turkey.
• Evaluation of Hostile Witnesses and Proof Risk: In accordance with established Court of Cassation jurisprudence in Turkey, statements of employees who are currently in litigation with the employer or who have filed lawsuits with similar claims (“hostile witnesses”) are approached with caution. Cases constructed solely on hostile witness statements without supporting collateral evidence (e.g., precedent wage research, bank records, workplace entry-exit logs, written communications) face severe weakness in proof and the risk of dismissal under Turkish labor law.

In Turkish labor law litigation, simply being in the right is not enough to secure a favorable judgment. Even if a party is fully justified under substantive law, that justification must be presented to the court in strict compliance with procedural rules, preclusive time limits, principles of evidence submission, and current legislation in Turkey.

Procedural law forms the backbone of a labor lawsuit; the slightest technical deficiency in this backbone can cause the court to dismiss the case on procedural grounds without ever examining the substantive merits or fairness of the claims. Therefore, being represented by an expert labor attorney in Turkey from the very onset of the dispute is the safest pathway to ensure proceedings move forward without procedural hurdles and to avoid losses of time, litigation costs, and substantive rights.

HOW DOES A EMPLOYMENT LAWYER CONTRIBUTE TO THE PROCESS IN TURKEY?

Employment law disputes in Turkey are subject to strict procedural rules, preclusive time limits, and highly technical burdens of proof. A employment lawyer in Turkey plays a key role in preventing the loss of rights for parties from the very beginning to the end of a dispute. The contributions of a labor law attorney from the perspective of both employees and employers in Turkey are as follows:

1. Calculation of Claims and Evidence Collection as an Employee Attorney in Turkey

The determination of claims such as severance pay, notice indemnity, overtime pay, national holiday/general holiday pay (UBGT), and annual paid leave receivables is not conducted merely over the base gross wage. Pursuant to Labor Law No. 4857 in Turkey, the accurate determination of the dressed gross wage—which includes cash salary as well as continuous additional benefits such as meal allowances, transportation, bonuses, and premiums—is essential. Furthermore, 5-year statute of limitations boundaries and statutory deductions (SGK premiums, income tax, stamp duty) must be meticulously calculated under Turkish law.

An experienced employee attorney in Turkey conducts a holistic analysis of:

• Types of employment contracts
• Paystub rolls, bank statements, and SGK registration/service records,
• Card/biometric entry-exit logs (puantaj records),
• Internal workplace e-mails and messaging records,
• Witness statements tailored to the type of employment contract (fixed-term/indefinite-term), working arrangement, and actual shift patterns.

In cases where the real wage is underreported on payrolls (off-the-record wages), the attorney prepares the necessary legal foundation to request precedent wage research before Turkish courts and relevant professional chambers.

2. Management of the Mediation Process by an Employment Lawyer in Turkey

Pursuant to Law No. 7036 on Labor Courts in Turkey, mandatory mediation as a litigation prerequisite is not merely a bureaucratic procedure required to open a lawsuit; rather, it is a strategic negotiation phase where disputes can be resolved without incurring litigation costs and multi-year trial delays.

An expert labor law attorney in Turkey:

• Calculates all receivable items and compensation risks under alternative scenarios before sitting at the mediation table.
• Ensures that every single claim item is fully and accurately included in the mediation application form, preventing the severe procedural risk where an unmentioned claim item may be dismissed by the court for lack of a litigation prerequisite.
• Conducts a rigorous risk and benefit analysis considering potential multi-year litigation and appellate procedures before Regional Courts of Justice (BAM) or the Court of Cassation (Yargıtay), potential inflationary erosion, court expenses, and enforcement/collection risks in Turkey.

When parties reach an agreement at the conclusion of mediation, the final protocol and agreement document obtain definitive legal force equivalent to a court judgment pursuant to the Enforcement and Bankruptcy Law in Turkey. Drafted with precision regarding release scope, tax/SGK deductions, and payment schedules, the agreement document decisively prevents future disputes and loss of rights under Turkish labor law.

3. Mastery over Competent Court Processes in Turkey

A significant portion of labor disputes in Turkey is concentrated in major metropolises like Istanbul, which serve as commercial, industrial, and employment hubs. This concentration creates unique dynamics regarding litigation practices and court operations:

• Navigating Local Judicial Dynamics: An experienced employment law attorney practicing in major judicial districts (e.g., Istanbul Çağlayan, Anadolu, and Bakırköy courthouses) possesses deep knowledge of court caseloads, hearing calendar flexibility, and expert witness board evaluation periods. This practical experience ensures seamless case tracking and proactive management of potential procedural delays under Turkish law.
• Preventing Loss of Time from Jurisdictional Objections: Incorrectly determining venue and court jurisdiction can lead to significant delays in Turkey. If a lawsuit is opened in an incompetent court, the defendant can raise an objection to venue within the response period. The court will then issue a decision of non-jurisdiction and transfer the case file to the competent court, prolonging the litigation by months or even years. Proper pre-litigation structuring of statutory venue rules can help eliminate these procedural roadblocks in Turkish labor courts.

4. Preventive Law and Employer Defense Support in Turkey

Labor law counsel is vital not only for employees but also for corporate risk management and employer defense in Turkey. Structuring procedures correctly before disputes escalate minimizes potential compensation liabilities and trial exposure:

• Strict Form Requirements for Employment Termination: Pursuant to Articles 19 and 25 of Labor Law No. 4857 in Turkey, termination of an employment contract is bound to strict statutory form requirements. To fulfill the employer’s burden of proof:

  1. Termination notices must be executed in writing,

  2. Clear and explicit grounds for dismissal must be stated,

  3. The employee’s formal written defense must be properly obtained prior to termination when required by law.

  Improperly executed terminations in Turkey can lead to rulings against the employer (such as re-instatement or severance liabilities) based purely on procedural defects, regardless of whether the dismissal was substantively justified.

• Accuracy of SGK Exit Codes: The employment exit reason codes submitted to the Social Security Institution serve as direct documentary evidence in Turkish employment lawsuits. Any discrepancy between the designated SGK exit code, termination notices, or workplace incident reports creates a severe weakness of proof against the employer.

• Corporate Risk Analysis & Preventive Legal Guidance: An expert labor law attorney in Turkey conducts concrete risk analyses aligned with corporate procedures. By evaluating burdens of proof, trial costs, and compensation liabilities in advance, counsel implements the most advantageous termination or settlement strategies.

• Meticulous Drafting of Employment Documentation: For corporate enterprises in Turkey, standard employment contracts, specialized protocols (e.g., non-compete clauses, personal data protection / KVKK, confidentiality agreements), disciplinary regulations, and daily time-tracking (puantaj) logs must strictly comply with evolving legislation. Retaining ongoing preventive legal counsel ensures error-free termination processes, resolving disputes before litigation or building an unassailable defense structure if a lawsuit arises in Turkish labor courts.

5. Legal Counsel in Disputes Involving Foreign Workers and Cross-Border Employment Contracts in Turkey

Disputes involving foreign nationals employed in Turkey or workers employed on international projects by Turkey-based entities are governed not only by local labor legislation but also by Private International Law and Procedural Law No. 5718 (MÖHUK), International Labor Force Law No. 6735, bilateral social security agreements, and international treaties.

In labor law, foreign elements present highly complex and multifaceted legal relationships, including:

• Remote Workers Residing in Turkey for Overseas Companies: Professionals residing in Turkey who work remotely and receive their salaries from foreign-based companies.
• Workers Assigned to Overseas Construction Sites of Turkish Entities: Turkish or foreign nationals employed by Turkey-based companies for overseas construction, infrastructure, or project sites, or earning income from abroad.
• Temporary Cross-Border Secondees (Expatriates): Personnel attached to a workplace in Turkey who are temporarily assigned abroad to conduct or audit specific projects.
• Permanent Foreign Employees in Turkey: Foreign national workers permanently employed by local entities in Turkey under valid work permits pursuant to Law No. 6735.

While parties to an employment contract containing a foreign element may choose the applicable law, Article 27/2 of MÖHUK provides that a choice of law cannot deprive the employee of the mandatory minimum protective provisions of the law of their habitual workplace. Correctly establishing the link between the law of the country where the work is habitually performed and the law governing the Turkey-based employer—along with asserting the international jurisdiction of Turkish courts—requires high-level conflict-of-laws analysis.

Under Law No. 6735, foreign nationals working in Turkey are required to obtain an official work permit. Employing workers without a work permit (unregistered/informal employment) or outside the scope of their permit exposes both the employer and employee to severe administrative fines and deportation risks. However, under Turkish judicial precedents, the absence of a work permit or residence permit does not invalidate the existence of the employment relationship, nor does it deprive the worker of their fundamental statutory claims (such as unpaid wages, severance, or overtime pay) under labor law in Turkey.

In international labor disputes involving cross-border assignments, secondments, or foreign elements, an expert labor law attorney integrates Turkish labor legislation with private international law principles. Proper legal structuring prevents jurisdictional objections, avoids improper choice-of-law defenses, and ensures that procedural and substantive rights are fully protected before Turkish courts.

HOW ARE THE ATTORNEY’S FEE OF A LABOR LAW ATTORNEY IN TURKEY DETERMINED?

Among the most frequently researched topics in Turkish labor law proceedings are litigation expenses and attorney’s fees. Attorney’s fees and court costs in labor cases are determined according to applicable legal regulations, the Bar Association Minimum Fee Tariff, the type of lawsuit, and the nature and amount of the claim.

1. How Is the Lawsuit Fee of a Labor Law Attorney in Turkey Calculated?

The lawsuit fee of a labor law attorney in Turkey consists of two separate items: Contractual Attorney Fee (the fee agreed upon between the client and the attorney) and Statutory (Opposing Party) Attorney Fee.

• Minimum Fee Tariff Lower Limit: Pursuant to the Attorneys’ Law, it is prohibited for an attorney to undertake work for a fee below the Attorneys’ Minimum Fee Tariff published every year in the Official Gazette.
• Proportional (Percentage) and Fixed Fee Determination: In labor law lawsuits in Turkey, the attorney fee in monetary receivable claims such as severance, notice, and overtime pay is generally determined as a percentage (proportional) rate over the subject claim amount. The parties may freely agree in accordance with applicable legal limits. In lawsuits whose subject cannot be measured with money, such as determination of employment period lawsuits, or in lawsuits directly requesting reinstatement, the attorney fee is generally agreed upon as a fixed amount.
• Opposing Party Statutory Attorney Fee: In the event of winning the lawsuit, it is the statutory attorney fee imposed by the court on the losing party and directly belonging to the labor lawsuit attorney who won the case pursuant to Article 164 of the Attorneys’ Law No. 1136.
• Regional Caseload and City Differences: One of the most critical elements determining attorney fees in employment law cases in Turkey is the caseload of the courthouse and city where the lawsuit is conducted. Due to file density, long hearing intervals, transportation difficulties, and trial processes being much more exhausting and longer in metropolitan courthouses such as Istanbul, Ankara, and Izmir, the attorney fee undertaken by an Istanbul labor law attorney and the fee of an attorney in Anatolian cities with a lighter caseload will not be the same. The effort, time, and local court dynamics required for case management play a directly decisive role in appreciating the attorney fee in Turkey.

2. What Do Employment Lawsuit Expenses and Advance Expenses in Turkey Consist Of?

The mandatory items that must be deposited into the court cashier when opening a lawsuit in the labor court are as follows:

• Application and Proportional/Fixed Fees: These are the fixed application fee paid to the state at the opening of the lawsuit and the employment lawsuit fees calculated according to the nature of the case.
• Advance Expenses (Expert, Notification, and Witness Fees): Notifications to be made throughout the trial, invitation expenses, witness per diems, and most importantly, the fee of the independent expert witness who will calculate the receivables are deposited at the time of opening the lawsuit under the name of advance expenses. Depleted advance expenses are completed during the trial upon the request of the court.
• Mediation Fee: If the parties fail to reach an agreement during the mandatory mediation process, the two-hour session fee paid to the mediator is initially covered by the budget of the Ministry of Justice. When the lawsuit is opened and concluded, this amount is charged to the losing party as litigation expenses. If the parties reach an agreement in mediation, the mediation fee is paid equally (or as agreed) by the parties according to the applicable tariff.

3. Who Pays Litigation Expenses and Attorney Fees in Employment Lawsuits in Turkey?

The basic rule in Turkish procedural law is the principle that “the losing party pays the litigation expenses” (HMK Art. 326).

• In Case of Acceptance of the Lawsuit: The winning party (for example, the employee whose justification is proven) collects the fees and advance expenses deposited while opening the lawsuit from the defendant employer. At the same time, the court orders the employer to pay the opposing party statutory attorney fee.
• In Case of Partial Acceptance – Partial Rejection: If a portion of the items claimed in the lawsuit petition is accepted and a portion is rejected, litigation expenses and opposing party attorney fees are apportioned according to the ratio of the parties’ justification/unjustification.
• Risk of Rejected Items: When working with an employee attorney in Turkey, it is extremely important that receivable items are not claimed exorbitantly or without a sufficient legal basis. Otherwise, over the rejected amount, the employee may be forced to pay a statutory attorney fee to the opposing party’s (employer’s) attorney, creating an additional financial liability for the employee.

4. Attorney Fee at the Mediation Stage

Although in Turkey, representation by an attorney is not mandatory for the parties during the mandatory mediation process, negotiations made and minutes signed at the mediation table produce final legal consequences. The fee to be paid for legal counseling and representation provided at the mediation stage is freely determined between the labor law attorney and the client, considering the fixed/proportional lower limits stipulated for mediation disputes set in the Attorneys’ Minimum Fee Tariff.