Wrongful Termination in Turkey: Rights of Dismissed Workers, Severance and Notice Pay, Reinstatement and Deadlines

What Are the Fundamental Workers’ Rights Under Turkish Labor Law?

Under Turkish labor law, the fundamental workers’ rights are the right to wages, occupational health and safety, equal treatment, breaks, overtime pay, objection to fundamental changes, and leave. Each of these rights is guaranteed by law and may be claimed while the employment continues; any unpaid portion can be claimed as a labor receivable when the employment contract ends. Below is a detailed overview of key workers’ rights in Turkey:

1. The Right to Receive Wages in Turkey

Among the most basic workers’ rights in Turkey is the right to receive wages (salary). Employers are required to pay a wage commensurate with the employee’s labor, which must not be less than the minimum wage. When setting wages, the salaries of other employees performing similar tasks must also be considered.

• Payment Period: Wages must be paid at least monthly; however, this period can be shortened to as little as one week by mutual agreement between the employer and employee.
• Currency and Place of Payment: Wages must be paid in Turkish Lira and typically at the workplace.
• Payment Through Banks: Employers with at least three workers across Turkey must pay wages through banks to ensure transparency and security. This threshold was lowered from five to three workers by the 4 June 2025 amendment to the Regulation on the Payment of Wages, Premiums, Bonuses and Similar Entitlements Through Banks.

These regulations aim to provide employees with the fundamental right to fair and regular payment, a cornerstone of employee rights in Turkey. Late or incomplete payment of wages is among the most common labor receivables claimed when the employment contract ends.

2. The Right to Demand Occupational Health and Safety in Turkey

Occupational health and safety is a critical component of workers’ rights in Turkey and is established under the employer’s duty of care. The Turkish Code of Obligations and the Occupational Health and Safety Law No. 6331 outline the responsibilities of employers in this field. The employer’s main responsibilities are as follows:

• Prevention and Organization: Employers must prevent occupational risks, provide training and information, organize the work, supply necessary tools, and ensure health and safety measures adapt to evolving conditions, as well as work to improve the existing situation (Law No. 6331, Art. 4).
• Confidentiality of Health Data: The health information of an employee examined under health surveillance is kept confidential (Law No. 6331, Art. 15), and the employer must also protect personal data of this kind.
• Monitoring and Inspection: The employer must monitor and inspect compliance with occupational health and safety measures taken in the workplace and address any nonconformities.
• Protection Against Psychological and Sexual Harassment: The employer in Turkey must ensure a workplace order consistent with the principles of good faith and, in particular, take the necessary measures to protect employees from psychological harassment (mobbing) and sexual harassment (Turkish Code of Obligations Art. 417).
• Risk Assessment and Hazardous Areas: Responsibilities such as conducting risk assessments, considering the employee’s suitability for the job in terms of health and safety, informing employees, and preventing employees who have not received adequate information and instructions from entering areas of vital and special danger also fall upon the employer.

Employees have the right to seek compensation for damages resulting from workplace accidents, holding employers accountable for breaches of health and safety obligations. These rights empower employees to demand safer work environments and pursue remedies for violations, emphasizing the significance of this aspect of employee legal rights in Turkey.

3. The Right to Equal Treatment in Turkey

The principle of equal treatment, safeguarded under Article 5 of the Turkish Labor Law, prohibits discrimination by employers. This includes ensuring that employees performing work of equal value receive the same conditions and benefits.

• Scope: The employer’s duty of equal treatment applies across a wide range of matters, from the granting of social benefits to matters concerning the right of management and the employment of workers who do not take part in a strike.
• Discrimination Compensation: Breaching this principle allows employees to claim “discrimination compensation”, which may extend to up to four months’ wages and include restitution for denied rights.
• Administrative Sanction: Employers violating this regulation face administrative fines, reinforcing fairness in the workplace—a fundamental aspect of workers’ rights in Turkey.

By complying with these provisions, the employer is responsible for ensuring fairness among employees. Under Turkish law, the duty of equal treatment applies both during the employment relationship and at its termination. A breach of this duty can therefore also be raised as a separate claim when the employee is dismissed.

4. The Right to Breaks and Rest Periods in Turkey

Another critical part of employee rights in Turkey is the right to breaks and rest periods. A break is a period of rest given within a specified time to allow the worker to meet their needs, typically falling in the middle of the working hours. The timing of the break is arranged considering the requirements of the job and the customs of the workplace.

Under Article 68 of the Labor Law, employees working 4 hours or less are entitled to a 15-minute break, those working more than 4 and up to 7.5 hours (7.5 hours included) to a 30-minute break, and employees working more than 7.5 hours to a 1-hour break. These are minimum periods and cannot be shortened by contract in Turkey, even with the employee’s consent. However, the law allows contracts to split these breaks into parts, taking into account the climate, the season, local customs and the nature of the work.

Rest breaks are not considered part of working hours, and employees are not entitled to wages for these periods. They are free to use their breaks as they wish, including spending them outside the workplace if desired. This regulation ensures that employees can take breaks in accordance with their working conditions and needs, ultimately enhancing productivity and highlighting the importance of employee rights in Turkey.

5. The Right to Overtime Pay in Turkey

Overtime occurs when an employee’s weekly working hours exceed 45 hours in Turkey. The resulting overtime pay is the consideration for the worker’s work beyond normal working hours. This regulation ensures fair compensation for extra effort and aligns with the principles of workers’ rights in Turkey.

• Premium Pay: In such cases, the worker is entitled to 1.5 times their regular hourly wage for every additional hour worked.
• Employee Consent: The employer is obliged to take the employee’s consent into account when determining overtime hours.

The regulation on overtime pay in Turkey aims to reduce the employee’s workload and ensure a safe working environment. Unpaid overtime is one of the claims most frequently raised by dismissed workers. It remains payable regardless of the reason for termination.

6. The Right to Object to Fundamental Changes in Turkey

Under Article 22 of the Labor Law, an employer may make a fundamental change to working conditions only by notifying the worker in writing, and a change the worker does not accept in writing within six working days does not bind the worker. If the employee refuses, the employer may terminate the contract by explaining in writing that the change is based on a valid reason or that another valid reason for termination exists and by observing the notice period; the worker may then file a lawsuit under Articles 17 to 21. The employee’s right to refuse a fundamental change is one of their worker’s rights in Turkey.

• Written Notice Requirement: The employer is obligated to notify the employee in writing of any fundamental changes.
• Examples of Fundamental Changes: Examples include relocating the employee’s workplace, assigning them to a different job than their regular one, reducing their salary, cutting benefits, changing shifts, demoting them, or placing them on unpaid leave without their consent.
• Consequence of Imposing a Change Without Consent: An employer that actually implements a fundamental change without the employee’s written consent fails to apply the working conditions, which gives the employee the right under Labor Law Art. 24/II-f to terminate the employment contract immediately for just cause. An employee who terminates in this way may claim severance pay, but cannot claim notice compensation because the employee ended the contract. If the employer terminates the contract of an employee who refused the change without a valid reason, the employee becomes entitled to severance and notice compensation.

Therefore, it is important for the employer to establish clear communication with the employee and obtain their consent before implementing such changes. This is an essential aspect of employee rights in Turkey. A fundamental change made without the worker’s consent does not bind the worker and does not remove the worker’s acquired rights.

In its decision Court of Cassation 9th Civil Chamber, Case No. 2021/6100, Decision No. 2021/13143, dated 28.09.2021, the court stated that although Turkish Labor Law Art. 22 does not expressly give the worker a right to terminate for just cause because of a fundamental change, changing the working conditions also means not applying them, which constitutes just cause for termination under Art. 24/II-f. In that case, a worker employed in Turkey as chief physician and operations manager who was to be reassigned as a general practitioner was found to have terminated for just cause following the fundamental change, and the court emphasised that although no right to notice compensation arises, severance pay must be paid.

7. The Right to Rest and Leave in Turkey

Employee rest rights in Turkey are divided into various categories to help workers balance their work and family life. These rights include annual paid leave, weekly rest leave, holiday and public holiday pay, maternity leave, and leave for personal reasons.

1. Weekly Rest: According to Article 46 of the Labor Law, employees are entitled to a minimum of 24 hours of uninterrupted rest within a 7-day period. This rest period is referred to as “weekly rest.” If the employee does not work on the weekly rest day, the employer is required to pay the full salary for that day without any work in return.
2. National Holidays and Public Holidays: On national and public holidays, employees are paid their full salary. If they work on these days instead of taking the holiday, they are paid a further day’s wage for each day worked.
3. Annual Paid Leave: After working for at least one year, an employee is entitled to annual paid leave in Turkey. Depending on their length of service, they can take between 14 and 26 days of leave per year.
4. Half-Work Leave After Birth: Employees who complete maternity leave or adopt a child under 3 years old are entitled to half of their weekly working hours as unpaid leave. This leave is granted for 60 days after the first birth, 120 days after the second, and 180 days for subsequent births.
5. Unpaid Maternity Leave: A female employee has the option to take up to 6 months of unpaid leave after the 16-week maternity leave period if desired.
6. Emergency Leave: In situations where it is not possible to expect an employee to work, such as marriage, adoption, the death of a family member, the birth of a spouse’s child, or the treatment of a child with a disability or chronic illness, they are granted paid leave for specific periods.

What Are Women Workers’ Rights in Turkey?

Regulations regarding women’s labor rights in Turkey generally concern pregnancy and childbirth processes and aim to protect the health and safety of women workers. Women workers are a group of employees subject to special regulations due to biological differences. For example, under Labor Law Art. 72 women of any age may not be employed in underground or underwater work such as mines, cable laying, sewage and tunnel construction, while further safeguards protect pregnant workers, such as paid leave for periodic check-ups and lighter work on a doctor’s report (Labor Law Art. 74).

However, apart from such exceptional regulations, gender-based discrimination between male and female workers is generally prohibited. The rights granted to women workers in Turkey are usually determined by considering their specific needs and living conditions. The rights of women workers in Turkey can be expressed as follows:

• Breastfeeding Leave and Maternity Leave: Women workers must be granted breastfeeding leave of one and a half hours a day in total to nurse children under one year old, and this time counts as working time. Maternity leave covers the necessary period to protect the health of the woman worker and to care for the baby; as a rule it is eight weeks before and sixteen weeks after birth, twenty-four weeks in total (Labor Law Art. 74).
• Right to Terminate Employment Contract Upon Marriage: Women employees have the right to terminate their employment contract without providing any justification within one year from the date of marriage, provided they prove their marriage, and thereby become entitled to severance pay. This aims to provide flexibility for changes experienced after marriage.

Regulations on women’s labor rights in Turkey are designed to help women workers balance their work and family lives. These protections operate together with the prohibition of gender-based discrimination and also safeguard women workers at the termination stage.

Employee Rights in Cases of Unfair Dismissal in Turkey

The rights of a dismissed worker are based on the Turkish legal system, particularly the Labor Law No. 4857, which sets out the main termination laws in Turkey for employees and other relevant labor law legislation. A dismissed worker in Turkey has various rights subject to certain conditions, ranging from severance and notice compensation to unpaid labor receivables. Which of these rights arise depends on the worker’s length of service and the reason for dismissal:

1. Severance Pay: The most significant right of a dismissed worker in Turkey is severance pay. The worker may claim severance pay proportional to their tenure at the workplace as of the date of dismissal; severance pay is determined based on the worker’s length of service and the reason for dismissal.
2. Notice Compensation: A worker who is dismissed without notice and without a justified reason for immediate termination in cases of unfair dismissal in Turkey is entitled to claim notice compensation. The employer must pay notice compensation if it dismisses the worker without giving the statutory notice period or paying the wages for that period in advance (Labor Law Art. 17).
3. Dismissal Notification: In cases of unfair dismissal in Turkey, the employer must provide a written dismissal notice to the worker and clearly state the reason for the dismissal.
4. Unused Leave and Holidays: The unused annual leave, national holidays, general public holidays, and weekly rest days of the worker must be determined, and payments related to these days must be made.
5. Overtime Pay: The overtime pay for the worker’s additional hours must be paid to the worker.
6. Claim and Compensation Lawsuit: The worker may file a lawsuit in labor court for any unpaid labor claims or compensation owed to them.

Do the Labor Receivables of a Deceased Employee Pass to the Heirs in Turkey?

If the dismissed employee has passed away, the employee’s legal heirs are entitled to claim any outstanding labor receivables under Turkish inheritance law and may request them through the inheritance transfer process. If the employer fails to pay these labor receivables to the heirs, they may file a lawsuit and initiate enforcement proceedings in Turkey to recover the severance and other employment-related entitlements of the deceased employee.

It is recommended that workers facing unfair dismissal in Turkey review the relevant legislation and seek legal advice in Turkey to protect their legal rights and take the necessary legal steps if needed. Accurate calculation is especially important where several claims are pursued together.

Rights of a Worker Subjected to Wrongful Termination of Employment Contract in Turkey

The rights of a worker subjected to wrongful termination of employment contract in Turkey consist of a reinstatement lawsuit, severance and notice compensation, unpaid labor receivables and, where the conditions are met, bad faith compensation. The worker may pursue legal avenues to exercise these rights; which right is available depends on the number of employees at the workplace, the worker’s length of service and the ground for termination:

1. Reinstatement Lawsuit: One of the rights of a worker subjected to wrongful termination is the ability to file a reinstatement lawsuit in Turkey if certain conditions are met. The burden of proving that the termination was based on a valid reason lies with the employer, and if the employer fails to prove it, the termination is invalid. If the worker claims that the termination was based on another reason, the worker must prove that claim (Labor Law Art. 20).
2. Severance Pay: A worker with at least one year of service who is dismissed by the employer for any reason other than the cases of conduct contrary to morality and good faith listed in Labor Law Art. 25/II may claim severance pay; neither a valid reason for termination nor the lack of notice removes this right (Law No. 1475, Art. 14). If severance pay is not paid, the worker may pursue mediation and a lawsuit.
3. Notice Compensation: If the employer terminated the employment contract without just cause and without observing the notice period, the worker may claim notice compensation; if the notice period was given or its wages were paid in advance, no notice compensation arises.
4. Claims for Unpaid Amounts: After termination, the worker may claim unpaid or underpaid entitlements such as annual leave pay, public holiday pay, weekend pay, overtime pay, national holiday pay, and regular wages.
5. Bad Faith Compensation: If the employer terminates the employment contract in bad faith, the worker may claim bad faith compensation if the conditions are met.

The rights of a worker subjected to wrongful termination in Turkey can be protected by initiating legal proceedings against the employer. Workers’ rights in Turkey allow a worker dismissed without compensation to seek their entitlements before the Turkish labor court.

1- What Rights Does a Worker Who Wins a Reinstatement Lawsuit Obtain in Turkey?

A worker who wins a reinstatement lawsuit in Turkey must apply to the employer to return to work within ten working days of being served with the final judgment; if the employer does not reinstate the worker within one month, the employer must pay non-reinstatement compensation. When ruling that the termination is invalid, the court also sets the amount of compensation payable if the worker is not reinstated. A reinstatement lawsuit therefore produces consequences that are separate from, and additional to, severance and notice compensation:

• Non-Reinstatement Compensation: If the worker is not reinstated despite applying, the employer pays compensation of at least four and at most eight months’ wages (Labor Law Art. 21).
• Pay for the Idle Period: For the period in which the worker was not employed until the judgment became final, wages and other entitlements of up to four months are paid.
• Application Deadline: A reinstatement claim requires an application to a mediator within one month of service of the termination notice; if no agreement is reached, a lawsuit must be filed in the labor court within two weeks of the final mediation report.
• Scope Conditions: Job security provisions apply to workers employed under an indefinite-term contract with at least six months of service at workplaces with thirty or more employees.

A reinstatement claim in Turkey is subject to a two-stage time limit: a mediator must be approached within one month of service of the termination notice, and if no agreement is reached, the lawsuit must be filed within two weeks of the date of the final mediation report. A worker who misses these deadlines loses the reinstatement route, but may still claim severance and notice compensation within the statute of limitations.

2- When and How Much Is Bad Faith Compensation Paid in Turkey?

Bad faith compensation is paid in Turkey at three times the wage for the notice period when the employment contract of a worker outside the scope of job security is terminated through an abuse of the right of termination (Labor Law Art. 17). This compensation is a safeguard for workers who cannot file a reinstatement lawsuit. Its main features are as follows:

• Scope: It applies to workers who cannot benefit from job security provisions, such as those at workplaces with fewer than thirty employees or those with less than six months of service.
• Examples of Abuse: Terminations made because the worker filed a complaint to seek their legal rights against the employer, or to prevent the worker from becoming entitled to severance pay, may be considered terminations in bad faith. Terminations for union membership or union activity are governed by the union compensation rules explained below.
• Burden of Proof: The burden of proving that the termination was made in bad faith lies with the worker.
• Relationship With Notice Compensation: Where a termination in bad faith is also made without observing the notice periods, notice compensation is paid in addition.

3- What Are the Rights of a Worker Dismissed for Union Reasons in Turkey?

A worker dismissed in Turkey because of union membership or participation in union activities may claim union compensation of not less than one year’s wages, independently of the right to file a reinstatement lawsuit (Law No. 6356 on Trade Unions and Collective Labor Agreements, Art. 25). The law does not require a minimum number of employees at the workplace or a minimum length of service for a union compensation claim, and the worker may claim it even without filing a reinstatement lawsuit. In a lawsuit alleging termination for union reasons before the Turkish courts, the burden of proving the reason for termination lies with the employer; a worker who claims that the termination was not based on the reason put forward by the employer must prove that it was based on union reasons (Law No. 6356, Art. 25/6).

4- Workers’ Rights in Sectors Governed by Special Legislation in Turkey

However, it is important to note that some sectors in Turkey may be subject to different legal regulations. For example, the legal rights of seafarers are governed by Maritime Labor Law, while the legal rights of athletes are subject to special regulations in Sports Law. Therefore, an employee who has been dismissed should carefully examine which legal framework applies before initiating legal proceedings to claim their rights.

Points to Consider to Protect the Employee Rights in Turkey Subjected to Wrongful Termination

To protect their rights under workers’ rights in Turkey, a worker subjected to wrongful termination in Turkey must carefully check the documents they sign, the exit code reported and the payment records. A document signed at the time of dismissal or an incorrectly reported code may directly affect the claims that can be made later. The worker must pay attention to the following important points:

1. Signing of a Release Document: If the employer asks the worker to sign a release document, the worker must carefully review and understand its content. A release document may restrict the worker’s ability to claim rights later. Signing an incorrect release document could result in losing their rights.
2. Exit Code: The exit code reported by the employer is significant for unemployment insurance and other rights. The worker must ensure that the correct exit code is used to protect their legal rights.
3. Payroll Fraud and Accounting Records: Payroll and accounting records maintained by the employer affect labor entitlements. It is important to check for any missing or incorrect payments.
4. Signing a Resignation Document: If the employer attempts to have the worker sign a document indicating resignation, the worker should object to protect their actual reasons and rights.
5. Mediation Process: If the employer misuses the mediation process, the worker must follow this process carefully and take necessary steps to protect their rights.

To protect their rights effectively under workers’ rights in Turkey, a worker subjected to wrongful termination must pay attention to these points and, if necessary, consult a professional legal advisor. Obtaining support during legal proceedings can help the worker defend their workers’ rights in Turkey due to wrongful termination comprehensively.

What Are the Rights of a Worker Whose SGK Registration Is Repeatedly Closed and Reopened in Turkey?

Where a worker actually continues working at the same workplace but is recorded in SGK records as leaving and re-entering at short intervals, the worker’s length of service is not interrupted. In Turkish judicial practice, such transactions are regarded as sham transactions aimed at preventing rights such as severance pay and job security from arising. The length of service of a worker who has in fact worked without interruption is therefore calculated from the first start date, and the worker may claim severance pay and other rights despite the gaps in the records.

Rights of a Worker Dismissed Before Completing One Year in Turkey

A worker dismissed in Turkey before completing one year is not entitled to severance pay, but may claim notice compensation and unpaid wages, overtime, weekly rest and public holiday receivables. Legal actions for unfair dismissal in Turkey determine that the rights of a worker dismissed before completing one year are governed under the labor laws. Rights other than severance pay are protected by law regardless of the length of service.

• Is Severance Pay Available Before Completing One Year in Turkey?

A worker who has not worked for the same employer for at least one year is not entitled to severance pay under termination laws in Turkey. For example, if the termination occurs within the first year of employment, the worker is not entitled to severance pay. However, if the worker has been employed by the same employer for one year or more, the right to severance pay arises.

• Can a Worker Dismissed Before Completing One Year Receive Compensation in Turkey?

A worker dismissed before completing one year cannot receive severance pay; however, if the employer terminated the contract outside the probation period, without just cause and without observing the notice period, the worker can claim notice pay, and the worker’s rights other than severance pay remain protected by law. The worker can claim unpaid wages, public holiday and weekend holiday payments, and other labor-related receivables. If the employer neglects to fulfill these obligations, the worker can pursue legal remedies in Turkey to claim their rights.

1. Notice Compensation: One of the rights of a worker dismissed before completing one year, under legal actions for unfair dismissal in Turkey, is the right to claim notice compensation. If the employer fails to provide the required notice period upon dismissal, the worker may be entitled to notice compensation. Notice compensation is paid when an employer dismisses a worker without valid grounds and without adhering to the notice period.
2. Wages and Other Receivables: Unpaid wages, overtime, weekly rest and national and public holiday receivables can be claimed regardless of the length of service.

Therefore, it is crucial for a worker dismissed without severance pay to focus on other legal rights beyond severance pay. The worker can use legal avenues before the Turkish courts to claim these rights when necessary.

• Can a Worker Dismissed Before Six Months Receive Compensation in Turkey?

A worker dismissed before completing six months cannot receive severance pay and cannot file a reinstatement lawsuit; however, if dismissed outside the probation period, without just cause and without being given notice, the worker can claim notice pay equal to two weeks’ wages. During the probation period, the parties may terminate the employment contract in Turkey without notice and without compensation; however, the worker’s wages and other rights for the days worked are preserved (Labor Law Art. 15). The probation period may be agreed for a maximum of two months; collective labor agreements in Turkey may extend it to four months. This rule does not apply if a probation period has not been expressly agreed in the contract.

1. Notice Period: Outside the probation period, where the employer terminates the contract of a worker with less than six months of service, the notice period is two weeks; if it is not given, the worker may claim notice compensation equal to two weeks’ wages.
2. Job Security: A worker with less than six months of service cannot benefit from job security provisions or file a reinstatement lawsuit; in that case, bad faith compensation may arise where the right of termination is abused.
3. Wages and Receivables: Wages for days worked, overtime, weekly rest and public holiday receivables must also be paid to a worker who has worked for one or a few months.

• Rights of a Worker Dismissed Shortly Before Completing One Year in Turkey

Where the employer terminates the contract with notice, that is, gives the worker the notice period and keeps the worker at work during it, the notice period is included in the length of service under Turkish law; a worker who completes one year once this period is added becomes entitled to severance pay. For example, the service of a worker whose contract is terminated with four weeks’ notice after 11 months and 20 days of work exceeds one year at the end of the notice period. By contrast, in immediate terminations, including where the wages for the notice period are paid in advance or notice compensation is paid, the one-year period ends when the termination notice reaches the worker. A termination made shortly before the one-year mark solely to prevent the right to severance pay from arising may, in Turkish practice, for a worker outside job security, be regarded as an abuse of the right of termination.

In its decision Court of Cassation 9th Civil Chamber, Case No. 2024/5138, Decision No. 2024/6724, dated 05.04.2024, the Turkish court repeated the principle that the one-year period required for severance pay ends when the termination is notified in immediate terminations, while in terminations with notice the notice period is included. In that case, a worker who terminated the contract themselves after working 364 days was found not to meet the one-year requirement and not to be entitled to severance pay or annual leave pay.

Rights of a Worker Dismissed with SGK Code 04 in Turkey

SGK code 04 indicates that an indefinite-term employment contract was terminated by the employer without stating a just cause, and a worker dismissed with this code in Turkey is, as a rule, entitled to severance pay, notice compensation and unemployment benefits. Code 04 is the exit code most commonly used for dismissals in practice. Whether the worker can benefit from these rights depends on the specific conditions of each right:

• Severance Pay: The worker is entitled to severance pay if they have at least one year of service.
• Notice Compensation: If the employer has not observed the notice period, the worker may claim notice compensation equal to the wages for the notice period determined by their length of service.
• Unemployment Benefits: A worker meeting the premium payment conditions may receive unemployment benefits.
• Reinstatement: A worker covered by job security may seek reinstatement if the termination is not based on a valid reason.

All exit codes and the rights each code gives the worker are explained separately in our guide to SGK exit codes. The exit code reported in Turkey directly affects the worker’s entitlement to severance pay, notice compensation and unemployment benefit. The worker should check the reported code via e-Devlet and object if a code that does not match the actual ground for termination has been reported.

Rights of a Worker Leaving with SGK Code 25 in Turkey

A worker who leaves with Code 25 is entitled to severance pay and unemployment benefits; however, the worker cannot claim notice compensation under this code. The Social Security Institution (SGK) exit code 25 used in Turkey indicates that the employment contract was terminated for just cause by the worker because of the employer’s behavior violating moral and goodwill principles. Since the worker is the party terminating the contract, no notice compensation arises, while the rights to severance pay (Law No. 1475, Art. 14) and unemployment benefits (Law No. 4447, Art. 51) are preserved.

1- Which Situations Give the Worker the Right to Immediate Termination in Turkey?

According to Article 24, paragraph 2 of the Turkish Labor Law No. 4857, certain employer actions may justify immediate termination by the worker. These actions include:

a) Misleading the Worker: The employer providing misleading information during the employment contract process, thereby deceiving the worker (Art. 24/II-a of the Turkish Labor Law).

b) Insult and Sexual Harassment: The employer insulting the honor or dignity of the worker or their family members or engaging in sexual harassment, which Turkish law treats as just cause.

c) Assault and Intimidation: The employer assaulting, intimidating, encouraging unlawful behavior, inciting crimes, or committing an act leading to imprisonment against the worker or their family members (Turkish Labor Law Art. 24/II-c).

d) Failure to Act Against Sexual Harassment: The worker being subjected to sexual harassment at the workplace by another worker or third parties, and necessary measures not being taken despite the worker reporting it to the employer (Art. 24/II-d of the Turkish Labor Law).

e) Non-Payment of Wages: The employer failing to calculate or pay the worker’s wages in accordance with Turkish legal or contractual provisions.

f) Insufficient Work Under Piecework Pay: The employer agreeing to pay wages based on piecework or output but providing less work than the worker could perform and not compensating for the difference between agreed and actual wages or not applying the working conditions (Turkish Labor Law Art. 24/II-f).

In these cases, the worker in Turkey has the right to terminate the employment contract immediately for just cause. If the termination occurs under these circumstances, SGK records it with exit code “25.”

Rights of an Employee Dismissed Under Article 25/2 of the Labor Law (Formerly SGK Code 29)

The SGK Code 29, which was applied in cases of dismissal under Article 25/2 of the Labor Law, was abolished due to employers’ misuse; in its place, the Social Security Institution (SGK) introduced specific codes numbered between 42 and 50, one for each of the nine grounds for termination under this article. The rights of an employee dismissed in Turkey under the former SGK Code 29 may be restricted if the employer terminates the contract immediately with just cause based on the following situations.

1- What Are the Grounds for Dismissal Without Compensation in Turkey?

The cases of conduct contrary to morality and good faith listed in Article 25/2 of the Turkish Labor Law give the employer the right to dismiss the worker without a notice period and without compensation. These cases are as follows:

a) Misleading About Qualifications: The worker falsely claiming to possess qualifications or requirements essential for the job or providing misleading or incorrect information during the employment process (Art. 25/II-a of the Turkish Labor Law).

b) Insult and Dishonorable Conduct: The worker making statements or behaving in a way that damages the honor or dignity of the employer or their family members (for example, an insult), or making false reports and accusations against the employer that damage their honor and reputation (Turkish Labor Law Art. 25/II-b).

c) Sexual Harassment: The worker committing sexual harassment against another employee of the employer, which justifies immediate dismissal under termination laws in Turkey.

d) Assault, Alcohol or Drugs: The worker assaulting the employer, their family members or another employee of the employer, reporting to work drunk or under the influence of drugs, or using such substances in the workplace (Turkish Labor Law Art. 25/II-d).

e) Dishonesty and Breach of Loyalty: The worker engaging in dishonest behavior, such as breaching the employer’s trust, stealing, or disclosing trade secrets (Art. 25/II-e of the Turkish Labor Law).

f) Committing a Crime: The worker committing a crime at the workplace punishable by more than seven days of imprisonment without suspension under Turkish criminal law.

g) Absenteeism: The worker being absent without permission or valid reason for two consecutive workdays, two workdays following holidays within a month, or three workdays within a month (Turkish Labor Law Art. 25/II-g).

h) Failure to Perform Duties: The worker failing to perform their duties despite reminders (Art. 25/II-h of the Turkish Labor Law).

ı) Endangering Safety or Causing Damage: The worker, wilfully or through negligence, endangering the safety of the work or causing damage and loss to machinery, installations or other goods and materials of the workplace, or under the worker’s control, to an extent that cannot be covered by 30 days of their wage (Turkish Labor Law Art. 25/II-ı).

2- What Are the Rights of a Worker Dismissed Under Article 25/2 in Turkey?

In such cases, the employer in Turkey may terminate the employment contract immediately for just cause and use one of the specific SGK codes numbered between 42 and 50, depending on the reason for termination. Workers dismissed with these SGK codes are not entitled to severance pay, notice compensation, or unemployment benefits.

However, workers dismissed with SGK codes numbered between 42 and 50 still retain rights regarding labor receivables. If the worker has unpaid wages, overtime pay, unused annual leave pay or other entitlements, they can claim these from the employer. These rights are considered valid even in cases of dismissal with just cause under Turkish law.

3- What Should a Worker Dismissed Under Article 25/2 Do in Turkey?

A worker dismissed under Article 25/2 who believes that the stated ground does not reflect the truth should first apply to a mediator and, if no settlement is reached, file a lawsuit for severance and notice compensation and, where applicable, reinstatement. Under Turkish law, the burden of proving the just cause lies with the employer who made the termination, and if the employer fails to discharge this burden the termination is deemed unjustified. The main points the worker should consider are as follows:

• Limitation Period for the Employer: The employer must exercise the right of termination within six working days of learning of the conduct contrary to morality and good faith and, in any case, within one year of the act (Labor Law Art. 26); a termination made after these periods cannot rely on just cause. The one-year limit does not apply where the worker obtained a material benefit from the act.
• Termination Notice and Reports: The worker should not sign reports or the termination notice presented without reading their content; if they must sign, they should write their objection on the document.
• Reinstatement Deadline: A worker covered by job security may seek reinstatement by applying to a mediator within one month of service of the termination notice.
• Objection to the Exit Code: If the court rules that the termination was unjustified, correction of the exit code in SGK records and the right to unemployment benefits also come into play.

What a Dismissed Worker Should Do for Legal Actions for Unfair Dismissal in Turkey?

A worker who believes they have been unfairly dismissed in Turkey should first apply to a mediator and, if no settlement is reached, file a lawsuit in the labor court for reinstatement or for severance, notice and other labor receivables. Preserving termination documents and evidence during this process directly affects the outcome of any later lawsuit. If a worker believes they have been unfairly dismissed, they can take the following steps for unfair dismissal in Turkey:

1. Filing a Reinstatement Lawsuit: A worker dismissed without compensation may file a reinstatement lawsuit if they meet the conditions outlined in Turkish labor law, with specific criteria that must be satisfied for such cases to proceed under compensation for wrongful termination in Turkey.
2. Claiming Severance and Notice Compensation: Workers dismissed without worker’s compensation in Turkey are entitled to severance and notice compensation. Severance compensation is calculated based on the worker’s length of service, while notice compensation corresponds to the wages for the notice period the employer must observe before termination.
3. Claiming Other Labor Receivables: Workers may claim additional entitlements such as annual leave pay, bad faith compensation, unpaid wages, overtime pay, public holiday pay and weekly rest pay.
4. Seeking Legal Assistance: Consulting a Turkish labor lawyer helps workers understand their rights and ensures accurate handling of legal processes.
5. Mediation Application: The employee who has been dismissed must apply to a mediator under Labor Courts Law No. 7036. The mediation process aims to reach a settlement between the parties and can help resolve legal disputes without going to court. Mediation is a mandatory precondition for filing a lawsuit for severance, notice and other labor receivables and for reinstatement; a lawsuit filed without applying to a mediator is dismissed on procedural grounds.
6. Filing a Lawsuit in Labor Court: If mediation fails, workers can file a lawsuit in labor court to protect their rights and compensation for wrongful termination in Turkey.

Taking these steps can help dismissed workers safeguard their workers’ rights in Turkey. Legal advice is crucial to evaluate each case individually and ensure appropriate action.

Is the Employer Required to Issue a Work Certificate to a Dismissed Worker in Turkey?

Under Article 28 of the Labor Law, the employer must issue a worker who leaves a work certificate showing the type and duration of the work; if the worker expressly requests it, the certificate also states the worker’s skill at work and their conduct (Turkish Code of Obligations Art. 426). The work certificate helps the worker prove their length of service and experience when applying for a new job. If the worker misses the opportunity to take up a new job because the certificate was not issued on time or contains untrue information, the worker and the new employer who hires them may claim compensation from the employer who failed to issue the certificate properly before the Turkish courts.

How Much Compensation for Wrongful Termination in Turkey Can a Dismissed Worker Claim?

The compensation for wrongful termination in Turkey a dismissed worker can claim depends on several factors under Turkish labor law and consists of severance and notice compensation calculated on the length of service, last gross wage and ground for termination, together with unpaid labor receivables. The main items a dismissed worker can claim are explained below. Each item is calculated separately and then added together.

1. How Is Severance Pay Calculated in Turkey?

Severance pay is calculated based on the worker’s length of service with the employer. Workers employed for at least one year at the same workplace in Turkey are entitled to severance pay equivalent to one month’s gross salary for each year of service. Severance pay is calculated on the last wage together with the monetary and money-measurable benefits provided to the worker (gross wage including benefits). The amount payable for one year of service cannot exceed the severance pay ceiling, which is linked to the maximum retirement bonus paid to Turkish civil servants for one year of service and is updated when the civil servant salary coefficient changes.

2. What Are the Notice Period and Notice Compensation for a Dismissed Worker in Turkey?

Notice compensation is paid when the employer dismisses the worker without relying on just cause. If the employer fails to provide notice before termination, the worker may claim notice compensation. The amount depends on the worker’s length of service and gross salary; the notice periods are set according to length of service in Article 17 of the Turkish Labor Law:

Under Turkish law, the employer may terminate the employment contract immediately by paying the wages for the notice period in advance. If the worker is kept at work during the notice period, the employer must grant job search leave of at least two hours a day during working hours without any wage deduction; the worker may, if they wish, combine these hours and use them together, provided that they take them on the days immediately before leaving and inform the employer. If the employer does not grant job search leave or grants it only partially, it must pay the worker the wages for that time (Turkish Labor Law Art. 27).

3. What Are the Other Labor Receivables in Turkey?

In addition to severance and notice compensation, a dismissed worker may claim all unpaid labor receivables. Additional claims in Turkey may include annual leave pay, bad faith compensation, unpaid wages, overtime pay, public holiday pay and weekly rest pay.

Compensation for wrongful termination in Turkey amounts are calculated in accordance with labor laws and related regulations. Workers can file claims through mediation or labor courts. Seeking legal advice ensures accurate calculations and proper handling of claims based on the worker’s specific circumstances.

4. When Is a Dismissed Worker’s Compensation Paid in Turkey?

Severance and notice compensation and other labor receivables fall due on the date the employment contract ends, and the employer must pay on that date. Turkish law does not provide any additional waiting period for payment. If payment is delayed, the worker may claim the consequences of the delay together with interest:

• Interest on Severance Pay: If severance pay is not paid on time, the judge awards interest for the period of delay at the highest interest rate applied to deposits (Law No. 1475, Art. 14).
• Interest on Wages: The highest interest rate applied to deposits applies to wages not paid on the due date; a worker whose wages are not paid within twenty days of the payment date may also refuse to perform work (Labor Law Art. 34).
• Notice Compensation and Other Receivables: Statutory interest may be claimed on these receivables from the date the employer is put in default.

Things to Pay Attention to for a Worker Dismissed Without Compensation in Turkey

A worker dismissed without worker compensation in cases of unfair dismissal in Turkey should check whether the termination is based on a valid reason, whether the termination notice was given in writing with reasons, and the content of the documents they are asked to sign. These points play a decisive role in proving that the termination was unfair in a later lawsuit. The following points may be important:

1. The Dismissal Must Be Based on a Valid Reason: The employer must provide a valid reason when terminating the worker’s indefinite-term employment contract. According to the Labor Law, in workplaces with 30 or more employees, if a worker with at least six months of seniority is dismissed, the employer must base the dismissal on valid reasons such as competence, behavior, or business requirements.
2. Written Termination Notice and Reason: The employer must provide written termination notice and clearly state the reason for dismissal. The worker should pay attention to the reason stated in the termination notice and seek legal advice if necessary.
3. Defense Against Performance Decline Allegations: White-collar employees may often face allegations of performance decline. However, the indefinite-term contract of a worker covered by job security cannot be terminated for reasons related to the worker’s conduct or performance without first taking the worker’s defense (Labor Law Art. 19); the worker has the right to defend against the allegations made.
4. Carefully Review and Sign Documents: The worker must carefully review the documents presented by the employer during the process of unfair dismissal in Turkey and understand the content of the termination notice and other documents before signing them. When signing the documents, adding the phrase “All my legal rights are reserved” helps protect the worker’s rights. In addition, a release document concerning the worker’s claims is absolutely void if it is signed before at least one month has passed since the contract ended, does not clearly state the type and amount of the claim, or the payment was not made in full through a bank (Turkish Code of Obligations Art. 420).
5. Taking Action if No Written Document is Provided: Notices that result in termination of the employment contract must by law be given in writing (Labor Law Art. 109). If the employer does not provide a written document, the worker can record the fact and date of the dismissal by sending a formal notice through a notary. Since provincial labor directorates no longer examine complaints about the individual claims of workers whose employment has ended, the place to apply for such claims is the mediation office.
6. Seek Legal Advice: It is important to seek legal advice in the event of unfair dismissal in Turkey. A labor law attorney can help the worker understand their rights, make the necessary defenses and protect their rights. Especially for foreign workers in Turkey, seeking help from an English-speaking lawyer can be crucial.

Within How Many Months Can a Dismissed Worker File a Lawsuit in Turkey?

For a reinstatement claim in Turkey, a mediator must be approached within one month of service of the termination notice, while severance pay, notice compensation, annual leave pay and bad faith compensation are subject to a five-year statute of limitations running from the termination date. On both routes, applying to a mediator before filing a lawsuit is mandatory (Labor Courts Law No. 7036, Art. 3). If no agreement is reached in mediation, the reinstatement lawsuit must be filed within two weeks of the date of the final mediation report.

Wage, overtime, weekly rest and public holiday receivables are also subject to the five-year statute of limitations; for these receivables, the period runs separately under Turkish law from the date each receivable fell due. Applying to a mediator suspends the statute of limitations and prevents the expiry period from running.

Can a Dismissed Worker Receive Unemployment Benefits in Turkey?

A dismissed worker in Turkey can receive unemployment benefits if the employment contract ended in one of the ways listed in Article 51 of Unemployment Insurance Law No. 4447 (for example, termination by the employer for a reason other than conduct contrary to morality and good faith, or termination by the worker for just cause), the worker was employed under a service contract for the last 120 days before termination, and they paid unemployment insurance premiums for at least 600 days in the last three years (Law No. 4447, Arts. 50 and 51). The worker must apply to the Turkish Employment Agency (İŞKUR) in person or online within thirty days after termination. If the application period is missed, the delay is deducted from the total payment period.

Unemployment benefits are not paid in Turkey for terminations made by the employer due to conduct contrary to morality and good faith (Labor Law Art. 25/2) or where the worker resigns without a justified reason. The duration of unemployment benefits depends on the number of premium days paid in the last three years:

What Are the Rights of a Worker Going to Military Service?

A worker in Turkey who wishes to leave for compulsory military service terminates the employment contract themselves and becomes entitled to severance pay; the contract does not end automatically because of military service (Law No. 1475, Art. 14). Since notices that result in termination must always be given in writing under Labor Law Art. 109, the worker must notify the employer of the termination in writing. In this termination the worker does not need to show the employer or company any just cause other than military service, and at least one year of service is sufficient for severance pay.

1- Why Is the Military Service Dispatch Document Important in Turkey?

The worker must notify the employer of this situation and present their military service dispatch document. The military service dispatch document is the document that verifies the worker is leaving work to fulfill Turkish military service duties. By submitting this document, the worker officially provides proof of the reason for leaving the job.

By contrast, the contract of a worker who leaves because they are called up for manoeuvres or for any reason other than compulsory military service, or because of a work obligation arising from any law, is deemed terminated by the employer under Turkish law two months after the day they left (Labor Law Art. 31). To benefit from this protection the worker must have worked in that job for at least one year; two days are added to this period for each additional year, up to a total of ninety days. The Turkish Labor Law also separately provides for the right to return to work after military service and other legal duties.

2- How Is the Right to Return to Work After Military Service Used in Turkey?

A worker who leaves because of a military or legal duty and wishes to return within two months of the end of that duty must, under Turkish law, be hired by the employer in their former job or a similar job immediately if a position is vacant, or otherwise in the first position that becomes vacant, in preference to other applicants and on the conditions applicable at that time. If the employer fails to meet this obligation although the conditions are met, the worker can demand compensation equal to three months’ salary (Labor Law Art. 31). These provisions aim to facilitate the reintegration of workers who complete their military service in Turkey into the workforce and protect the rights of workers going to military service.

The rights of a worker going to military service in Turkey include the following:

1. Right to Resign and Terminate the Contract: A worker who wants to go to military service has the right to resign, that is, to terminate the employment contract. Unlike an ordinary resignation, a termination for compulsory military service preserves the right to severance pay, and the employer’s acceptance is not required for it to take effect.
2. Right to Severance Pay: The worker has the right to receive severance pay when leaving work due to military service. A worker who leaves to go to military service can request severance pay; in this case, the military service dispatch document must be submitted along with the termination notice.
3. Notice and Notification via Notary: When a worker wishes to leave due to military service, they may send a notice via notary. In this notice, the worker should state the reason for leaving and include the military service dispatch document; this notice is important for protecting the legal position of the worker’s rights.
4. Right to Return to Work: A worker who goes to military service has the right to return to work after completing their service. According to the Labor Law, a worker who leaves due to military or legal duties must be rehired by the employer in their former or a similar job, immediately if a position is vacant or otherwise in the first position that becomes vacant, provided that they apply within two months of the end of the duty.

To benefit from the employee rights in Turkey going to military service, the worker must fulfill certain conditions. Additionally, to protect these rights, the worker can seek legal advice and initiate legal processes if necessary.

What Are the Rights of Workers in the Private Sector?

Within companies established in Turkey or branches of foreign companies in Turkey, workers in the private sector are subject to the Labor Law No. 4857 and related regulations, and employee rights in Turkey in the private sector are regulated by this law. The Labor Law is the basic legal framework that regulates the working conditions of workers and provides various rights and protections for workers in the private sector. Workers can apply to labor courts based on these rights.

Workers in the private sector have the right to claim their rights arising from the Turkish Labor Law No. 4857. The following are typically included among the labor claims:

1. Wages and Salary Claims: Wages and salary claims determined based on the worker’s working time and job nature.
2. Severance Pay: Severance pay that a worker earns based on the duration of employment with the employer.
3. Leave and Annual Leave Pay: The right of the worker to take annual leave and the related annual leave pay.
4. Overtime and Other Additional Payments: Overtime work outside the normal working hours and related additional payments.
5. Notice Pay: If the employer fails to notify the employee in accordance with the notice period when dismissing them, the worker may claim notice pay.
6. Compliance with Working Hours and Other Rights: Other rights mentioned in the Labor Law, such as additional severance payments that can be claimed for non-compliance with working hours and union rights.

In the private sector in Turkey, workers should first attempt to resolve disputes with their employers. If this is not possible, they should apply to labor courts. Labor courts are authorized to protect the workers’ rights in Turkey for the private sector and resolve disputes, and workers may seek legal support to protect and claim their rights in the private sector.

What Are the Rights of a Worker Who Resigns in Turkey?

A worker who resigns in Turkey is, as a rule, not entitled to severance or notice compensation, but may claim labor receivables such as unused annual leave pay, unpaid wages and overtime. The rights of a worker who resigns in Turkey are subject to specific conditions regarding the resignation process, and it is important for the worker to pay attention to certain principles to protect their workers’ rights in Turkey.

1- What Are the Validity Conditions of a Resignation in Turkey?

Resignation is a right that terminates the employment contract, but a valid resignation must meet certain criteria. Here are some important points regarding the rights of a worker who resigns in Turkey:

1. Validity of the Resignation Letter: A resignation letter becomes valid when it is submitted in writing to the employer. If the reason for resignation is stated, the worker may be bound by this reason, and it cannot be changed later.
2. Conditional Resignations: Conditional resignations are not valid. For example, resignations such as “I will resign if my severance pay and overtime claims are paid” are not considered valid. If the employer accepts such a condition, it should be considered as an offer of mutual termination (ikale), not a resignation.
3. Signed Blank Paper or Resignation Letter: It is not valid for employers to request signed blank papers or resignation letters at the start of employment or during the course of employment. If the employer requests or has the worker sign such documents, it may be considered as the employer terminating the contract; to protect their rights, a resigning worker should carefully examine any document they sign.
4. Resignation and Worker’s Rights: The inconsistency between the actual reason for resignation and the reason stated in the resignation letter will be evaluated by the court. For example, where a worker who has earned rights such as severance pay through their length of service resigns and gives up those rights without receiving anything, courts may find this inconsistent with the ordinary course of life and question whether there was a genuine intention to resign; the labor court will assess the real reason for leaving and whether the resignation is justified.

2- Can a Worker Who Resigns Claim Notice Compensation in Turkey?

The party terminating the employment contract is not entitled to notice compensation; a resigning worker is therefore not entitled to this compensation. Notice compensation in Turkey is typically paid when the employer dismisses the worker without written notice in advance. In fact, a resigning worker who fails to observe the notice periods may have to pay notice compensation to the employer.

A resigning worker in Turkey is generally required to observe a specific notice period. The length of the notice period depends on the worker’s length of service and requires prior notification to the employer.

3- What Other Rights Does a Worker Who Resigns Have in Turkey?

A worker who resigns in Turkey is protected in terms of job search leave, unemployment benefits in certain cases, and labor receivables. Other rights that may arise upon resignation are as follows:

• New Job Search Leave: One of the rights of a worker who resigns is job search leave. If the resignation is notified, the employer must grant the worker job search leave to find new employment; job search leave must be given during working hours, without salary reduction, and for no less than 2 hours per day.
• Unemployment Benefits in Case of Justified Resignation: If the worker terminates the contract for one of the just causes listed in Labor Law Art. 24 and meets the premium conditions, they become entitled to unemployment benefits (Law No. 4447, Art. 51). No court decision is required for this; however, if the employer reports the termination as a resignation, the just cause must be established through a lawsuit.
• Resignation during Short-Time Work: Being included in short-time work does not, on its own, entitle a worker who resigns without just cause to unemployment benefits. In addition, periods paid as short-time work allowance are deducted from the unemployment benefit period for terminations within three years of the start of short-time work (Law No. 4447, Additional Art. 2).
• Labor Receivables: A worker who resigns has the right to any unused annual paid leave, weekly rest days, overtime pay, etc., and the employer must pay these amounts; employment claims are part of the rights of a resigning worker in Turkey.
• Settlement Agreement: A settlement (release) agreement is a document signed by the worker regarding the worker’s claims in Turkey that releases the employer from the debt. To be valid it must be in writing, issued at least one month after the employment contract ended, clearly state the type and amount of the claim, and the payment must be made in full and through a bank; a release that lacks these elements is absolutely void (Turkish Code of Obligations Art. 420).

4- What Are the Rights of a Worker Who Leaves by Mutual Termination Agreement (İkale) in Turkey?

İkale is the termination of the employment contract in Turkey by mutual agreement of the worker and the employer, and it is considered valid where the worker’s will is not vitiated and the reasonable benefit test is met. According to Court of Cassation practice, if the offer comes from the employer, the worker must be given a benefit in addition to the statutory compensation; if the offer comes from the worker, whether severance and notice compensation are paid depends on the parties’ agreement. A worker who leaves by ikale may claim unpaid labor receivables in addition to the payments agreed in the agreement; however, since ikale is not a termination, a reinstatement lawsuit cannot be filed before the Turkish courts.

In its decision Court of Cassation 9th Civil Chamber, Case No. 2025/8999, Decision No. 2025/10255, dated 23.12.2025, the court explained the reasonable benefit test, stating that if the ikale offer comes from the employer, the worker must be given an additional benefit on top of the statutory compensation, while if the offer comes from the worker, whether severance and notice compensation are paid depends on the parties’ agreement. The same decision stated that ikale has no effect under Turkish law on rights that arose before the contract ended, so the worker’s right to claim unpaid wages, overtime pay and annual leave pay continues.

To fully understand and protect their rights, a resigning worker should consult with a lawyer, considering the details of labor laws and the employment contract, and file a lawsuit in Turkey if necessary. A sound legal assessment is decisive in determining whether the resignation is justified and which receivables can be claimed.

What Should a Worker Do If They Are Dismissed Orally?

A worker dismissed orally in Turkey should first request a written termination notice from the employer and, if the request is not met, document the termination by sending a notice through a notary and gather evidence. Because oral termination creates difficulties of proof, recording the date and reason of termination with written evidence is of great importance. If a worker is dismissed orally in Turkey, they should take the following steps:

1. Request Written Notification: The worker should first ask the employer for written notification of their dismissal. This document should include the date of termination, the reason for dismissal, and other important details.
2. Communicate in Writing: The worker can communicate with the employer via written means such as email or fax. The communication should clearly state the termination date, reason, and the worker’s rights.
3. Send a Notice via Notary: The worker can send a formal notice through a notary. The notice should clearly express the termination date, the reason for dismissal, and the worker’s rights; a notary notice is a legal document and can be an effective way to protect the worker’s rights.
4. Collect Evidence: The worker should gather evidence related to the termination process. This may include witness statements, written or verbal documents, email correspondence, and other evidence that can help prove the worker’s case.
5. File a Lawsuit at the Labor Court: If communication with the employer does not lead to a resolution, the worker can apply to the labor court. The labor court can resolve disputes between the parties and evaluate the worker’s rights.
6. Mediation Process: Before filing a lawsuit in the labor court, a mediation process in Turkey is mandatory. The mediator will attempt to help the parties reach a settlement; if no agreement is reached, the worker can then file a lawsuit in the labor court.
7. Seek Legal Assistance: A worker dismissed orally should consult with a labor law expert or legal advisor in Turkey. Professional help can assist in better protecting the worker’s rights and ensuring effective legal action.

What Happens If a Dismissed Worker Refuses to Sign the Termination Document in Turkey?

Since termination is a unilateral declaration of intent that takes effect upon reaching the other party, the worker’s refusal to sign the termination notice does not prevent the termination from taking effect. Under Turkish Labor Law Art. 109, if the person receiving a written notice refuses to sign it, this is recorded in a report on the spot; the employer may also serve the termination notice through a notary. The worker is not obliged to sign a document they disagree with; if they must sign, they may add their objection and the note “all my legal rights are reserved” to the document.

Rights of a Worker Who Is Employed Without Social Insurance in Turkey

A worker who is employed without social insurance in Turkey can have their work entered in SGK records by filing a service determination lawsuit and can claim unpaid wages, overtime and annual leave receivables in the labor court. A worker who is employed without social insurance in Turkey has the following legal rights and measures they can take:

1. File a Service Determination Lawsuit: The worker can file a service determination lawsuit to prove that they were employed without social insurance and to protect their labor rights in Turkey. In this case, the worker must document the details and duration of their employment relationship; the lawsuit must be filed within five years from the end of the year in which the service was performed.
2. Correcting Insurance Premiums: If the worker wins the service determination case, they can apply to the Social Security Institution (SGK) to request that their insurance premium records be updated to reflect the actual situation.
3. File a Claim for Unpaid Wages: A worker who was employed without social insurance can file a lawsuit against the employer to claim unpaid wages, overtime pay, annual leave payments, and other entitlements.
4. Request an Administrative Fine: The worker can report the employer to the Social Security Institution for employing them without insurance; the Institution imposes an administrative fine on an employer that fails to file the insured employment notice (Law No. 5510, Art. 102).
5. Right to Terminate for Just Cause: If the worker’s situation of being employed without social insurance constitutes a just cause for termination, the worker may have the right to resign from their position.

Although proving the situation of being employed without insurance can be challenging, the worker can strengthen their case by gathering evidence such as workplace communications, email exchanges, and witness statements. This evidence can be valuable in Turkish legal proceedings and may positively influence the outcome of the case.

What Are Foreign Workers’ Rights in Turkey?

Foreign workers’ rights in Turkey are protected under the same labor laws that apply to Turkish citizens. Workers from other countries who are employed in Turkey have the same labor rights as Turkish workers and are subject to Turkish labor law. They can claim their employee rights in Turkey through Turkish courts if necessary.

However, in addition to the general labor rights, international workers may be entitled to additional labor rights based on bilateral agreements between Turkey and their home countries. These agreements may cover various aspects of employment, particularly in the area of taxation, where international workers could be subject to different regulations compared to Turkish citizens.

• Salaries Paid From Abroad: Especially in terms of foreign income tax regulations in Turkey, foreign workers in Turkey who receive salaries from abroad may be subject to different rules compared to Turkish citizens.
• Liaison Office Employees: Foreign employees working in liaison offices may be exempt from income tax.

For this reason, it is important for foreign workers in Turkey to seek tax consultancy in Turkey. Given these complexities, it is highly recommended that international workers in Turkey seek assistance from a lawyer to ensure they fully understand and can exercise their employee rights in Turkey effectively. This will help navigate both Turkish labor law and any specific regulations that may apply due to international agreements.