Labour & Social Security Law:
expert support in employee claims

You must have worked at least one year for the same employer and the contract must have ended for one of the statutory reasons: termination by the employer other than for just cause, termination by the employee for just cause (Art. 24), military service, retirement, termination by a female employee within one year of marriage, or the employee's death. Resignation and dismissal for just cause under Art. 25/II do not create entitlement.

For each full year of service, 30 days of the last gross dressed wage is paid; remaining periods are prorated. Formula: (daily gross dressed wage × 30) × total years of service, plus 30 × (months ÷ 12) days for the remainder.

The dressed wage is the bare gross wage plus benefits of a continuing nature that are monetary or measurable in money: transport, meals, fuel, clothing allowance, regular bonuses, premiums, housing, private health insurance and shuttle service. One-off payments (annual leave pay, overtime, one-time awards) are excluded.

The amount payable per year of service cannot exceed the statutory ceiling. The ceiling is updated on 1 January and 1 July each year in line with civil-service salary coefficients. Current figures should be taken from SGK and Ministry of Treasury and Finance circulars.

Only stamp duty is deducted from severance pay. No income tax or social security premium is withheld. Notice pay, by contrast, is subject to income tax; this distinction is a frequent source of calculation errors.

As a rule, no. However, entitlement arises where there is termination for just cause (Art. 24): unpaid or underpaid wages, under-declared social security premiums, unpaid overtime, mobbing, a material change in working conditions (Art. 22), or health reasons. Military service, retirement and a female employee's termination due to marriage also preserve the entitlement.

Yes. A female employee who terminates her contract within one year of her marriage is entitled to severance pay. The notice of termination must expressly state marriage as the reason and be accompanied by a copy of the marriage certificate. Notice pay cannot be claimed in this case.

Yes. An employee who has completed the premium days and insurance period requirements (apart from the age condition) is entitled to severance upon leaving with a letter obtained from SGK. Insured persons covered by the EYT reform, which removed the age condition, may also retire directly and claim severance.

Yes. A male employee leaving for compulsory military service is entitled to severance pay if he meets the one-year service condition. The call-up document should accompany the notice of termination. Notice pay cannot be claimed.

On transfer of a workplace, employment contracts pass to the transferee with all rights and obligations (Art. 6). Length of service is not reset; pre-transfer periods count. The transferor remains jointly liable with the transferee for debts arising before the transfer for two years.

Yes. Periods spent at different workplaces of the same employer are aggregated into a single length of service. Transfers between companies with an organic link (same group, same shareholders, intertwined management) are also aggregated; the Court of Cassation treats this as joint employment.

It cannot be paid in instalments without the employee's consent. Even where the employee agrees, the highest deposit interest rate applies to the unpaid portion. Accepting instalments does not waive remaining claims; this should be expressly reserved when signing any release.

Severance pay bears the highest bank deposit interest rate from the date of termination. Other employee claims (notice, overtime, leave pay) generally bear the statutory rate, while wage claims may attract the highest deposit rate applied by banks.

Notice periods vary with length of service (Art. 17): under 6 months 2 weeks, 6 months to 1.5 years 4 weeks, 1.5 to 3 years 6 weeks, over 3 years 8 weeks. These may be extended but not shortened by contract. A party failing to observe the period pays notice compensation equal to the wage for that period.

Severance pay is consideration for years of service and is subject only to stamp duty. Notice pay is a sanction for failing to observe the notice requirement, is subject to income tax, and is not payable by either party where termination is for just cause. A resigning employee cannot claim notice pay and may in fact owe it to the employer.

Yes. During the notice period the employer must grant at least two hours per day of job-search leave (Art. 27). The leave is paid. The employee may take the hours in a single block. If leave is not granted, the employer pays the wage for those hours with a 100% premium.

Article 25 lists four grounds: I- Health reasons, II- Breach of morality and good faith (false statements, theft, insults, causing loss, unauthorised absence, abuse of trust), III- Force majeure, and IV- Detention exceeding the notice period. For ground II the employer must terminate within 6 working days of learning of the act and in any event within one year.

The employer may dismiss for just cause where the employee is absent without permission or valid reason for two consecutive working days, on the working day following a holiday twice in a month, or for three working days in total in a month. Each absence must be documented by a separate record, the employee must be given the right to defend, and a notarised warning should be sent.

Under Article 24: non-payment or underpayment of wages, under-declaration of social security premiums, unpaid overtime, material change in working conditions (Art. 22), sexual harassment and mobbing, insult or violence by the employer, work becoming hazardous to health, or misrepresentation by the employer. In these cases the employee receives severance pay but not notice pay.

An employee whose wages remain unpaid for 20 days beyond the due date without force majeure may refuse to perform work (Art. 34). Even if collective, this is not deemed a strike and the employer may not terminate on that basis. The highest deposit interest accrues for the delay; if payment is still not made, the employee may terminate for just cause under Art. 24/II-e.

In labour law a penalty clause is valid only if agreed mutually. A clause imposed on the employee alone is void. Even where valid, the court may reduce the penalty under Art. 182/3 of the Code of Obligations having regard to the employee's means. For training-cost claims, only documented and reasonable expenses are recoverable.

Not necessarily. Under Art. 420 of the Code of Obligations, a valid release must be in writing, executed at least one month after the contract ends, specify the type and amount of each claim, and the payment must be made through a bank. A release not meeting these conditions is void; where payment is incomplete, it operates only as a receipt.

Yes. The exit code on the SGK termination notice directly affects eligibility for unemployment benefit. If it is wrong, apply to the employer in writing first; failing correction, a complaint may be filed with SGK and a declaratory action brought before the labour court. In practice this claim is raised together with the action for employee receivables.

Where an employer dismisses, for economic, technological or structural reasons and within one month, at least 10 employees in a workplace of 20–100, 10% in one of 101–300, or at least 30 in one of 301 or more, the collective dismissal rules apply (Art. 29). Written notice must be given to union representatives, the regional directorate and İŞKUR at least 30 days in advance and consultations held. Dismissals without such notice are invalid.

Poor performance may be a valid reason for dismissal, but the employer must have set objective and measurable performance criteria in advance, notified them to the employee, provided training and an opportunity to improve, issued written warnings, and taken the employee's defence. A comparison with peer employees is required. Dismissal without these steps is invalid and reinstatement is ordered.

Yes. Where consent was vitiated (mistake, fraud or duress — Code of Obligations, Arts. 30–39), the employee may declare not to be bound within one year of discovering the defect or of the duress ceasing. In practice, signing a blank page, an undated resignation letter or mass resignations are strong indications. Camera footage, witnesses and other signatures taken the same day serve as evidence.

A non-compete is valid only where the employee had access to the customer base or production secrets and their use could cause significant harm to the employer (Code of Obligations, Art. 444). It must be in writing and limited as to place, time and subject matter; the duration may not normally exceed two years. If the employer terminates without just cause or the employee resigns for just cause, the non-compete lapses (Art. 447).

A change of workplace is a material change in working conditions and must be notified in writing (Art. 22). Unless the employee accepts in writing within six working days, the change is not binding. Where the contract reserves a transfer right, the employer must exercise it in good faith; punitive transfers are invalid and constitute just cause for the employee to terminate.

Unpaid leave is a material change in working conditions and cannot be imposed without the employee's written consent (Art. 22). An employee placed on unpaid leave unilaterally may refuse and terminate for just cause, claiming severance pay. During unpaid leave the contract is suspended and the period does not count towards service or annual leave.

Four conditions must be met together (Art. 18): the workplace employs at least 30 employees, the employee has at least six months of service, the contract is indefinite-term, and the termination lacks a valid reason. Senior managers acting as employer representatives are excluded.

An application to a mediator must be made within one month of service of the notice of termination. If mediation fails, the action must be filed with the labour court within two weeks of the final mediation report. These are forfeiture periods; if missed, the right to reinstatement is lost entirely.

The court rules the termination invalid. The employee must apply to the employer within 10 working days of the judgment becoming final. If the employer does not reinstate within one month, it pays job-security compensation of four to eight months' wages, plus up to four months' wages and benefits for the period not worked.

Just cause (Art. 25) covers serious situations making continuation intolerable; it permits immediate termination without notice, and under Art. 25/II no severance arises. A valid reason (Art. 18) is less serious: incapacity, conduct, or operational requirements. Termination for valid reason requires notice and payment of severance and notice pay, but a reinstatement action may be brought.

For terminations based on conduct or performance, the employer may not terminate without taking the employee's written defence (Art. 19). Termination without it is procedurally invalid and is on its own a ground for reinstatement. The notice of termination must also be in writing and state the reason clearly and precisely.

The total number of employees at all of the employer's workplaces in the same branch of activity is counted, not a single branch. The count is made as at the termination date. Fixed-term, part-time and on-call employees are included; apprentices and interns are not. Employees of companies with an organic link may also be counted.

The employee must apply to the employer within 10 working days of service of the final judgment. If the employer does not reinstate within one month, it pays job-security compensation of four to eight months' wages as determined by the court, plus up to four months' wages and other benefits for the period not worked pending finality. If the employee does not apply, the termination becomes valid and only severance and notice pay are due.

General working time is 45 hours per week (Art. 63). Unless agreed otherwise it is divided equally over the working days. Daily working time may not exceed 11 hours. Where equalisation applies, weekly hours may vary provided the average over two months (four months under a collective agreement) does not exceed 45.

Each hour beyond 45 per week is paid at 150% of the normal hourly rate (Art. 41). Work exceeding the contractual hours but remaining under 45 per week counts as extra-time work and is paid at 125%. Annual overtime may not exceed 270 hours.

A contract may provide that overtime is included in the salary, but this covers at most 270 hours a year. Overtime beyond 270 hours must be paid separately with the premium. The salary must also be high enough to absorb the overtime; for minimum-wage earners such a clause is invalid.

The burden of proof is generally on the employee. Usable evidence includes timesheets, electronic entry/exit records, camera and turnstile logs, e-mails and messages, shuttle and meal-card records, toll-pass crossings, cell-site data and witness testimony. Where no written record exists, witness evidence is admissible, and courts usually apply an equitable reduction.

Where overtime is proved by witness testimony, a reduction is applied to reflect leave, sick days and holidays taken during the year. In practice the rate ranges from 20% to 50%. No reduction is generally applied where the calculation is based on written records such as timesheets.

Night is the period between 20:00 and 06:00, ending no later than 06:00. Night work may not exceed 7.5 hours; in tourism, private security and healthcare it may be exceeded with the employee's written consent. Employees on night shifts must undergo periodic health checks.

Rest breaks (Art. 68) depend on working time: 15 minutes for up to 4 hours, 30 minutes for 4 to 7.5 hours, and one hour for more than 7.5 hours. Breaks do not count as working time and are unpaid; however, if the employee remains at the employer's disposal during the break it counts as working time.

Where work stops for compelling reasons, the workplace closes around national holidays, or leave is granted at the employee's request, the employer may require compensatory work within four months (Art. 64). It does not count as overtime and carries no premium; it may not exceed three hours per day and may not be required on holidays.

Overtime may not be required of: employees under 18, those restricted by medical report, pregnant and recently delivered employees and nursing mothers, part-time employees, and underground mine workers. It is also prohibited in jobs limited to 7.5 hours a day on health grounds.

Remote work requires a written contract setting out working hours expressly. Remote employees are equally subject to the 45-hour week, and work beyond it is overtime. The contract must regulate how equipment, communication and energy costs are met. The employer is obliged to protect the remote worker's data.

Commuting between home and the workplace does not generally count as working time. However, where the employee is sent elsewhere by the employer, time spent travelling counts as working time (Art. 66). Likewise, time during which the employee is kept available at the workplace without working, descent and ascent time in mines, and waiting time for employer-provided transport are included.

Every employee with at least one year of service is entitled to leave (Art. 53): 14 days for 1–5 years, 20 days for 5–15 years, and 26 days for 15 years and over. For employees under 18 or over 50, leave is at least 20 days. Four days are added for underground work. Contractual increases are permitted.

Leave cannot be commuted to money during employment; but on termination all unused leave is paid at the final wage (Art. 59). The limitation period for unused-leave pay is five years from the date of termination. The employer bears the burden of proving leave was granted, via a leave register or signed leave form.

Annual leave may in principle not be divided. By agreement it may be split into at most three parts, one of which must be no less than 10 days. Weekly rest days, national and public holidays falling within the leave do not count against it and the leave is extended accordingly. Up to four days of unpaid travel leave may be requested.

For national and public holidays, one day's wage is payable even if no work is done (Art. 47). If the employee works, an additional day's wage is added, so the day is paid at double. The employee's consent is required to work on a holiday and may be given generally in the contract.

The employee is entitled to an uninterrupted weekly rest of at least 24 hours in each seven-day period, paid at one day's wage even if no work is done (Art. 46). If the employee works on the rest day, overtime at a 50% premium is added, giving 2.5 days' pay in practice.

Under Supplementary Article 2, paid compassionate leave is: three days for marriage or adoption, three days on the death of a spouse, child, parent or sibling, and five days on the birth of a child by the employee's spouse. Up to 10 days of paid leave a year is also available for the treatment of a child with at least 70% disability or a chronic illness.

Female employees are entitled to 16 weeks of paid maternity leave — eight weeks before and eight weeks after birth (Art. 74); two further weeks are added before birth in multiple pregnancies. Thereafter, up to six months' unpaid leave may be requested. A mother nursing a child under one is entitled to 1.5 hours of nursing leave per day, counted as working time.

During certified sick leave, SGK pays temporary incapacity benefit, but not for the first two days. The benefit is 50% of daily earnings for inpatient and 66% for outpatient treatment. The employer is not obliged to make up the difference unless the contract or a collective agreement so provides. If the sick leave exceeds the notice period by six weeks, the employer may terminate for just cause.

Wages must be paid at least once a month (Art. 32); the contract may shorten this to a week. In workplaces with five or more employees, wages, bonuses and premiums must be paid through a bank. Wages are paid in Turkish lira; where a foreign currency is agreed, payment may be made in lira at the exchange rate on the payment date.

No. The minimum wage is mandatory; contractual terms below it are void and the difference is payable to the employee. It is set by the Minimum Wage Determination Commission at least once every two years, in practice once or twice a year. Current figures should be taken from Ministry of Labour announcements.

Paying part of the wage in cash results in understated social security premiums and severance/notice calculations. To establish the real wage, bank records, messaging correspondence, signed payslips, wage surveys by chambers and unions, and witness evidence are used. The employee also has the right to terminate for just cause under Art. 24/II and to apply for a determination of service.

A payslip signed without reservation is generally treated as conclusive evidence. However, if overtime, holiday or leave entries are entirely absent from the payslip, those items may be proved by any means. Objection is also possible where the payslip shows an accrual but no corresponding bank payment. The safest course is to add a reservation when signing.

Claims for wages, overtime, weekly rest and holiday pay are subject to a five-year limitation running from the date the claim falls due. For severance, notice, bad-faith and equal-treatment compensation, Art. 15 of Law No. 7036 sets a five-year period running from termination. For unused annual leave, the five years run from the date of termination.

The employer may not impose wage-deduction penalties for reasons not specified in the collective or individual contract (Art. 38). Any penalty must be notified to the employee with reasons. Deductions may not exceed two days' wages in a month, or two days' earnings for piece work. Amounts deducted are paid into the Ministry of Labour's account.

At most one quarter of the wage may be attached (Enforcement and Bankruptcy Act, Art. 83); the portion needed for the subsistence of the employee and family is exempt. Maintenance claims are not subject to this limit. Severance pay, notice pay and pay for the notice period cannot be attached, assigned or pledged (Art. 32, final paragraph).

Employee claims rank as first-priority privileged claims under Art. 206 of the Enforcement and Bankruptcy Act: wages accrued in the year preceding bankruptcy or attachment, together with notice and severance pay, are paid first. In addition, the Wage Guarantee Fund within the Unemployment Insurance Fund covers the last three months' wages where the employer becomes insolvent.

Premiums and bonuses that have become regular through the contract, a collective agreement or workplace practice become an acquired right and cannot be withdrawn unilaterally. The Court of Cassation treats two or three regular payments as establishing a workplace practice. If unpaid, an action for the debt may be brought, and such continuing payments are included in the dressed wage, increasing severance pay.

Under Art. 13 of Law No. 5510, an occupational accident is an event causing physical or mental impairment that occurs while the insured is at the workplace, because of the work carried out, while sent elsewhere on duty, during a nursing mother's feeding break, or during travel in transport provided by the employer. A heart attack may also qualify where connected with the performance of the work.

The employer must notify the police immediately and SGK within three working days of the accident. Failure to notify results in recourse against the employer for SGK's expenditure and an administrative fine. If the employer does not notify, the employee or their relatives may notify SGK directly.

In case of injury, pecuniary damages (incapacity compensation, treatment and care costs, loss of earnings) and non-pecuniary damages may be claimed. In case of death, heirs may claim loss of support, funeral expenses and non-pecuniary damages. Income paid by SGK is set off against the pecuniary award.

Compensation claims arising from occupational accidents are subject to a ten-year limitation (Code of Obligations, Art. 146), as they arise from breach of the employment contract. Where the act also constitutes a criminal offence, the longer criminal limitation period applies. If the degree of permanent incapacity increases, a fresh period runs from the date the increase is discovered.

Under Law No. 6331 the employer must prevent occupational risks, carry out a risk assessment (Art. 10), provide training (Art. 17), supply personal protective equipment, appoint an occupational safety specialist and workplace physician, arrange periodic medical examinations, and prepare an emergency plan. Breach of these duties directly increases the employer's degree of fault in an accident.

An occupational disease is a temporary or permanent illness suffered by the insured due to a recurring cause inherent in the work or the conditions in which it is performed (Law No. 5510, Art. 14). It is established by report of the SGK Health Board and, where necessary, occupational disease hospitals. The insured may also apply after leaving the job, within the applicable liability period.

Yes. Compensation is apportioned according to the parties' degrees of fault, with a reduction reflecting the employee's contribution. However, where the employer has wholly failed in its health and safety duties, the employee's carelessness is generally not treated as grounds for reduction, since the duty to foresee and prevent the risk lies with the employer. Fault ratios are determined by expert report.

The contract is suspended during certified sick leave and the employer generally cannot terminate. If the leave exceeds the notice period by six weeks, termination for just cause is possible under Art. 25/I, but the employee still receives severance pay. Termination because the employee claimed accident compensation is treated as bad faith and gives rise to additional compensation. The employer must offer suitable work to an employee who becomes disabled.

An action brought by an employee who worked uninsured or with under-declared days to establish the true period of service and wage (Law No. 5510, Art. 86). It must be filed within five years of the end of the year in which the service was performed; the period does not run where a notification was made to SGK. SGK is joined as an interested party and, as the matter concerns public order, the court investigates of its own motion.

SGK and tax office records, the workplace registration file, payroll witnesses employed at the same workplace in the same period, chamber and headman records, employment entry declarations, bank statements, and shuttle and canteen lists. The Court of Cassation holds that witness testimony alone is insufficient and must be corroborated by official records.

First obtain a service statement via e-Devlet to document the shortfall. A complaint may be filed with SGK, which will open an inspection and may register the service ex officio. The employee may also terminate for just cause under Art. 24/II because earnings subject to premium were under-declared, thereby qualifying for severance. A service determination action may be brought for missing days.

Conditions (Law No. 4447, Art. 51): the contract must end through no fault or choice of the employee, with 120 days of continuous insured work immediately before and 600 days of premiums in the last three years. Application is made to İŞKUR within 30 days of termination. Duration: 180 days for 600 premium days, 240 days for 900, and 300 days for 1,080. The benefit is 40% of average daily gross earnings over the last four months, capped at 80% of the gross minimum wage.

Benefit ceases where the recipient: refuses a suitable job offered by İŞKUR without valid reason, starts income-generating work, becomes entitled to an old-age pension, or fails without valid reason to attend İŞKUR's calls and vocational training programmes. The benefit is subject to no deduction other than stamp duty and cannot be attached except for maintenance debts.

A support paid by İŞKUR where weekly working hours are reduced by at least one third or activity is suspended for at least four weeks due to general economic, sectoral or regional crisis or force majeure. The period is normally three months, extendable to six by presidential decision. The allowance is 60% of average gross earnings over the last 12 months.

Granted to those in the arduous and hazardous occupations listed in Art. 40 of Law No. 5510: mining, compressed-air work, work with radioactive materials, firefighting, journalism, armed forces and police, healthcare personnel, and airline flight crew. The additional period ranges from 60 to 180 days per year depending on the sector and affects both premium days and the retirement age.

Yes. A retiree who continues working or re-enters employment may do so by paying the social security support premium. Such persons are outside unemployment insurance cover. If severance was already paid on retirement, a fresh period of service begins for the subsequent employment and a new entitlement may arise if the conditions are met.

Mobbing is systematic and persistent psychological harassment at work aimed at driving the person out. Examples: unjustified narrowing of duties and authority, constant unfair criticism, cutting off communication, humiliating words and conduct, setting impossible targets, unjustified relocation, and systematic refusal of leave requests. A single incident is generally not mobbing.

The settled practice of the 9th Civil Chamber of the Court of Cassation accepts a strong indication standard rather than full proof. Usable evidence includes e-mails and messages, witness testimony, psychiatric reports and treatment records, inconsistencies in performance reviews, reassignment letters, and complaint records with public bodies. The employee should also keep a mobbing diary recording date, time, incident and witnesses.

The employee may terminate for just cause under Art. 24/II and claim severance pay. Claims may also be made for non-pecuniary damages for infringement of personality rights (Code of Obligations, Art. 58), treatment costs and pecuniary damages for incapacity. Where discrimination is involved, equal-treatment compensation of up to four months' wages arises (Art. 5). Sexual harassment and threats may additionally warrant a criminal complaint.

Under Art. 5 the employer may not discriminate on grounds such as language, race, colour, sex, disability, political opinion, philosophical belief, religion or sect. A lower wage may not be set on grounds of sex for the same or equal-value work. On breach, the employee may claim compensation of up to four months' wages plus the benefits withheld. If the employee strongly indicates a breach, the burden of proof shifts to the employer.

The employer may monitor within its managerial prerogative, but under Constitutional Court and Court of Cassation case law the employee must have been informed clearly and in advance, the monitoring must pursue a legitimate aim and be proportionate. Corporate e-mail may be monitored, whereas accessing private correspondence is generally unlawful. Under Art. 4 of the Data Protection Law, processing must be limited and proportionate to its purpose.

Camera surveillance constitutes personal data processing under the Data Protection Law. It may be carried out for legitimate interest or workplace safety, but employees must be informed, notices displayed, recordings retained only as long as necessary, and the controller registered with VERBİS. Cameras in changing rooms, toilets and rest areas are categorically unlawful. Unlawfully obtained recordings cannot be used as evidence.

As a rule the law of the country where the work is habitually carried out applies (Art. 27 of the Private International Law Act). The parties may choose the applicable law, but that choice cannot deprive the employee of the protection of the mandatory rules of the habitual workplace. Turkish labour law applies to contracts signed in Türkiye with a Turkish employer and where the relationship is more closely connected with Türkiye.

Severance and notice pay, unpaid wages and advances, overtime, weekly rest and public holiday pay, annual leave pay, travel and board and lodging claims, contractual premiums and per diems, and exchange-rate differences. In addition, damages for occupational accidents and a determination of service for periods not declared to SGK may be sought.

The employee may sue in the court of the employer's domicile or of the place where the work is performed (Law No. 7036, Art. 6). Where the Turkish company's head office is in Türkiye, Turkish labour courts have jurisdiction. Foreign-court or arbitration clauses may be held invalid if they restrict jurisdiction to the employee's detriment; jurisdiction rules favouring the employee are mandatory.

Under Law No. 3201, insurance periods, homemaking periods and unemployment periods spent abroad may be purchased and counted towards a Turkish pension. Application is made to SGK; the cost is 45% of an amount chosen between the lower and upper earnings limits for each day purchased. Payment must be made within three months of notification.

In countries with which Türkiye has a bilateral social security agreement (Germany, the Netherlands, France, Austria, Belgium, the United Kingdom, Libya, Qatar and others), periods completed there may be aggregated for pension purposes. For posted workers, an A1 / certificate of coverage maintains Turkish insurance and prevents double contributions.

Where the wage is agreed in a foreign currency, the claim may be made in that currency; under Art. 99 of the Code of Obligations the debtor may also pay in lira at the rate on the payment date. On default the creditor may elect the rate at maturity or at actual payment, whichever is more favourable. The dressed wage is taken in foreign currency for severance purposes, but the ceiling is applied in lira.

First, notify the competent authority in the host country and the Turkish consulate. If the employer is a Turkish company, the duty to notify SGK within three working days continues. Treatment records and incident reports can be used as evidence in Türkiye with an apostilled translation. The compensation action may be filed before the Turkish labour court where the employer's head office is located.

A fixed-term contract may be used only where objective conditions exist (Art. 11): the work is of fixed duration, a specific task is to be completed, or a specific event will occur. It may not be chained without a substantial reason; otherwise the contract is deemed indefinite-term from the outset. Fixed-term employees may not be treated differently without justification.

A probationary period may be at most two months, extendable to four by collective agreement (Art. 15). During it either party may terminate without notice or compensation. The employee nonetheless retains the wage for days worked and other accrued rights. The probationary period counts towards service for annual leave purposes.

The principal employer is jointly and severally liable with the subcontractor for obligations owed to the subcontractor's employees (Art. 2/6). The employee may claim from either. If the subcontracting arrangement is found to be a sham (splitting the principal work, the same work done by the same employees), the employee is deemed to have been an employee of the principal employer from the outset and enjoys all attendant rights.

A part-time employee may not be treated differently from a comparable full-time employee (Art. 13). Divisible monetary rights are paid pro rata to working time. Severance, annual leave and notice periods apply equally to part-time employees, with leave calculated in full days. Part-time employees may not be required to work overtime.

A form of part-time work established by written contract under which the employee undertakes to work when called (Art. 14). If no duration is agreed, 20 hours a week is deemed agreed and the employee is entitled to pay for that time whether called or not. The employer must give at least four days' notice of a call, and daily work when called must be at least four hours.

Although the contract between an employer and a foreign worker employed without a permit is invalid, the worker may claim wages and social rights for the period actually worked; under Art. 394/3 of the Code of Obligations an invalid contract produces the effects of a valid one until the invalidity is established. The employer is additionally subject to an administrative fine under Law No. 6735.

Interns and apprentices fall under Law No. 3308 and are not generally subject to the whole Labour Act; they have no right to severance or notice pay. However, occupational health and safety provisions apply in full and the employer must provide accident insurance. In businesses with 20 or more staff, the payment may not be less than 30% of the minimum wage.

Private-sector workplaces with 50 or more employees must employ 3% disabled workers; public workplaces must employ 4% disabled and 2% ex-convicts (Art. 30). An employer failing to comply pays a monthly administrative fine per unfilled place. Dismissal of a disabled employee may give rise to discrimination compensation.

Yes. The employer must provide a certificate of employment to a departing employee (Art. 28), stating the nature and duration of the work. Failure to provide it or issuing a false certificate makes the employer liable for loss suffered by the employee or the new employer. Adverse comments that impair the employee's right to work may give rise to non-pecuniary damages.

Closure of the workplace is a valid ground for termination based on operational requirements. The employee may claim severance and notice pay, unused leave pay and all accrued receivables. A reinstatement action may be brought; if the closure is genuine and permanent, reinstatement is not possible, but compensation is awarded where there were procedural defects. If the employer does not pay, the Wage Guarantee Fund and enforcement remedies apply.

The employer may not ask about matters not directly related to the job. Questions on pregnancy, marriage and family plans, sexual orientation, political views, religious belief, union membership, and medical history (beyond what the job requires) are not permitted. A false answer to such questions cannot later be relied on as just cause. Under Art. 6 of the Data Protection Law, health and union data are special categories and cannot be processed without explicit consent.

For employee-employer claims concerning receivables, compensation and reinstatement, applying to a mediator is a precondition to litigation (Law No. 7036, Art. 3). Damages actions arising from occupational accidents and diseases, and related recourse actions, are excluded. Application is made to the mediation office at the courthouse of the other party's domicile or the place of work, and can also be filed via e-Devlet.

The mediator must conclude the process within three weeks of appointment, extendable by one week in compelling cases. If the parties settle, the mediation fee is generally shared equally. If no settlement is reached, the first two hours are covered by the Ministry of Justice budget and later recovered from the unsuccessful party. A party who fails to attend without valid excuse bears all litigation costs even if it wins the case.

A mediation settlement document has the force of a court judgment and is enforceable. Claims covered by the settlement cannot be re-litigated. For this reason the record should list the claims covered item by item, and any excluded items (for example occupational accident damages) should be expressly reserved. Blanket waiver wording causes serious loss of rights.

Mandatory mediation takes about 3–4 weeks; first-instance proceedings usually 10–20 months depending on complexity and the number of witnesses and experts; appeal to the regional court 6–12 months; and cassation 8–18 months. Reinstatement actions are subject to expedited procedure by law and conclude faster. Total duration typically ranges from one to three years.

The employee pays an application fee and an advance fee equal to a quarter of the judgment fee, plus an expense advance for service, expert and witness costs. An employee without means may request legal aid (Civil Procedure Code, Art. 334); if granted, fees and costs are temporarily waived. If the case succeeds, the amounts are recovered from the other party.

An indeterminate-claim action (Civil Procedure Code, Art. 107) is brought where the amount cannot be precisely determined at the outset; after the expert report the claim is increased by topping up the fee, and limitation is interrupted for the whole claim as at the filing date. In a partial action, limitation is interrupted only for the portion claimed and the remainder requires amendment. The indeterminate-claim action is usually safer for employee receivables.

An appeal to the regional court of justice must be lodged within two weeks of service of the first-instance judgment. A further cassation appeal to the Court of Cassation lies within two weeks, but for claims below the monetary threshold and certain case types the regional court's decision is final. In reinstatement actions the regional court's decision is final and cannot be appealed to cassation.

With the final judgment, enforcement proceedings based on a judgment are commenced (Enforcement and Bankruptcy Act, Art. 32). The enforcement office issues an order giving the debtor seven days. If payment is not made, bank accounts, immovables, vehicles and receivables from third parties are attached. Where the company's assets are insufficient, an action to set aside fraudulent transfers may be brought, and in limited companies shareholders may become liable for public debts.

A written objection must be filed within two weeks of service of the report (Civil Procedure Code, Art. 281). The objection must specify concretely which item was miscalculated and why, which evidence was disregarded, and what the correct calculation should be. If the court finds the objection well-founded it obtains a supplementary report or appoints a new expert. A report not objected to in time forms the basis of the judgment.

The employment contract and annexes, all payslips, bank statements, SGK service statements and entry/exit declarations, leave requests and approvals, timesheets, the termination notice and proof of service, formal warnings, performance reviews, work correspondence (e-mails and messages), shuttle and meal-card records, and contact details of colleagues who could testify. These should also be backed up digitally.

No. Article 25 of Law No. 6356 guarantees freedom of association; where termination is union-related the employee may claim union compensation of at least one year's wages. An employee bringing a reinstatement action may also claim it, and it is awarded even where the employee is not reinstated. If the employee strongly indicates a union-related motive, the burden of proof shifts to the employer.

In principle, members of the signatory union benefit. Non-members may benefit by paying a solidarity fee, with effect from the date of request. The provisions of a collective agreement replace contrary terms of the individual contract; individual terms more favourable to the employee remain valid.

A lawful strike may be called where collective bargaining ends in dispute and mediation fails. The strike decision must be taken within 60 days of service of the dispute record and notified to the other party six working days in advance. Strikes are prohibited in services such as life and property safety, hospitals, firefighting, and gas and electricity production. The contract of an employee joining a lawful strike is suspended and cannot be terminated.