Absenteeism, Annual Leave & Working Hours in Turkey

Managing employee attendance in Turkey requires employers to understand a detailed set of rules concerning unauthorized absence, lateness, weekly rest, annual paid leave, working hours, overtime, and termination rights.

These issues are primarily regulated by Turkish Labor Law No. 4857 and related regulations, while Turkish Court of Cassation decisions provide important guidance on how many of these provisions are applied in practice.

For international companies employing workers in Turkey, attendance management should not be treated simply as an internal HR policy. Incorrectly handling an employee’s absence, lateness, annual leave, or working hours can lead to payroll errors, SGK reporting issues, administrative penalties, or unlawful termination claims.

This guide explains some of the key rules employers should consider.

Can One Day of Unauthorized Absence Affect Weekly Rest Pay in Turkey?

Employees covered by Turkish Labor Law are generally entitled to a paid weekly rest day (hafta tatili) when the applicable statutory conditions are satisfied.

However, an employee who fails to attend work during the working days of the week without permission or a valid excuse may lose entitlement to weekly rest pay under Article 46 of Labor Law No. 4857.

This can have an important payroll consequence.

Where the statutory conditions are satisfied, an employee with one full day of unjustified absence may lose:

  1. the salary corresponding to the day on which they did not work; and
  2. the salary corresponding to the weekly rest day.

As a result, one day of unauthorized absence can potentially lead to a deduction corresponding to two days of wages, together with the relevant social security consequences.

Employers should nevertheless ensure that the absence is genuinely unauthorized and unjustified before applying this treatment.

When Can Absenteeism Lead to Immediate Termination?

Turkish Labor Law establishes specific thresholds allowing an employer to terminate an employment agreement immediately for qualifying unauthorized absence.

Under Article 25/II-g of Labor Law No. 4857, an employer may have a right to immediate termination where an employee, without obtaining permission and without a justified reason:

  • is absent for two consecutive working days;
  • is absent twice during one month on the working day following a holiday or rest day; or
  • is absent for three working days within one month.

These thresholds are important because not every individual absence automatically provides grounds for immediate termination.

The pattern and timing of the absences must be assessed.

What Does “One Month” Mean for Employee Absence?

For the purposes of Article 25/II-g, the expression “one month” does not simply mean a calendar month.

Instead, the relevant one-month period generally begins with the employee’s first qualifying absence.

If the first absence occurs on a particular date, the one-month period ends on the corresponding date of the following month.

This distinction can be critical when determining whether the statutory threshold for immediate termination has been reached.

Example of the One-Month Absence Rule

Consider an employee who is absent without authorization or justification on:

  • 1 April;
  • 20 April; and
  • 3 May.

It would be incorrect to assume that the two April absences disappear from consideration simply because a new calendar month begins on 1 May.

The relevant period is measured from the first absence.

Therefore, the 1 April, 20 April, and 3 May absences can potentially constitute three working days of unauthorized absence within the relevant one-month period, allowing the employer to assess immediate termination under Article 25/II-g.

HR departments should therefore track absence using rolling statutory periods rather than simply resetting the employee’s absence record at the end of each calendar month.

Must the Employee Be Absent for the Entire Working Day?

For the specific absenteeism-based immediate termination rules, the employee must generally have failed to work on the relevant working day.

Employers cannot simply add together several shorter periods of lateness or partial absence and automatically treat them as full absence days for the purpose of establishing the statutory termination threshold.

This principle has been addressed by the 9th Civil Chamber of the Turkish Court of Cassation, File No. 2016/33292, Decision No. 2020/17467.

However, partial absence and lateness may still have payroll consequences.

Can an Employer Deduct Salary for Lateness?

Where an employee arrives late without authorization or a valid excuse, the employer may generally deduct the remuneration corresponding to the period during which the employee did not perform work.

For example, where an employee arrives one hour late without justification, the employee does not automatically have a right to salary corresponding to that unworked hour.

This is different from imposing a disciplinary financial penalty.

The deduction reflects time not worked, rather than an additional punishment imposed on the employee.

Lateness and SGK Reporting

Repeated periods of lateness can also create social security and payroll considerations.

Where unworked periods are accumulated and reach the equivalent of the employee’s normal daily working time, historically calculated in this context on the basis of 7.5 hours, the employer may need to consider the corresponding wage and SGK treatment.

Where accumulated lateness remains below a complete daily working period, the employee’s insurance day may generally continue to be reported in full while the salary corresponding to the actual unworked hours is deducted from net remuneration, subject to the applicable payroll rules.

Companies should ensure that their payroll and timekeeping systems communicate correctly when making such adjustments.

Is a Salary Deduction for Lateness a Disciplinary Wage Penalty?

Not necessarily.

Article 38 of Turkish Labor Law regulates disciplinary wage deductions.

A deduction corresponding solely to a period during which an employee did not work because they arrived late is conceptually different.

The employer is not necessarily imposing a disciplinary financial sanction; it is adjusting remuneration to reflect the time actually worked.

This distinction is important because disciplinary wage penalties are subject to separate statutory restrictions and procedures.

Can an Employee Be Dismissed for Repeated Lateness?

An isolated incident of lateness will not normally be sufficient, by itself, to justify dismissal.

However, repeated lateness can become a legitimate employment issue where it reaches a significant level and disrupts:

  • workplace organization;
  • production;
  • customer service;
  • team operations; or
  • the employee’s ability to perform their duties.

Where attendance and punctuality requirements are clearly established through workplace rules or disciplinary procedures, repeated violations can potentially support termination for a valid reason.

The Turkish Court of Cassation has recognized that frequent lateness affecting workplace organization and performance may provide grounds for termination.

This issue was addressed, for example, by the 9th Civil Chamber of the Court of Cassation, File No. 2008/35270, Decision No. 2010/37150.

Compensation When Employment Is Terminated for Repeated Lateness

Where repeated lateness constitutes a valid reason for termination, rather than immediate termination for just cause, the distinction affects the employee’s termination entitlements.

Depending on the circumstances, the employee may remain entitled to:

  • notice compensation; and
  • severance compensation where the statutory conditions are satisfied.

Employers should therefore distinguish between valid termination and immediate termination for just cause.

The two concepts do not have the same financial consequences.

Can Continued Lateness After Written Warnings Lead to Immediate Termination?

Potentially, but such cases require particular care.

Where an employee has been formally warned in writing about repeated lateness and continues to disregard workplace attendance requirements, the employer may consider whether the conduct falls within Article 25/II-h, concerning the employee’s failure to perform duties despite being reminded.

Immediate termination without compensation in this context should be treated as exceptional and highly fact-specific.

Employers should maintain clear evidence of:

  • the attendance problem;
  • previous incidents;
  • written warnings;
  • the employee’s explanations;
  • disruption caused to the workplace; and
  • continued non-compliance.

Ultimately, courts may assess whether immediate termination was proportionate and legally justified.

Is Saturday a Weekly Rest Day in Turkey?

Not automatically.

In practice, Sunday is frequently used as the weekly rest day in Turkey, but Turkish employment law does not universally require the weekly rest day to fall on Sunday.

Another day of the week may be designated as the statutory weekly rest day, provided the applicable requirements are satisfied.

The essential principle is that employees receive the statutory uninterrupted weekly rest period within the relevant seven-day period.

Can Employees Have Both Saturday and Sunday Off?

Yes.

An employer may provide more than the statutory minimum rest entitlement under its management rights, employment contracts, workplace practices, or collective arrangements.

Many companies operate a five-day working week and provide both Saturday and Sunday as non-working days.

However, this does not necessarily mean that both days legally constitute statutory weekly rest days.

The distinction can become important for annual leave and overtime calculations.

Is Saturday Automatically Considered a Weekly Rest Day?

No.

Where Saturday is simply a non-working day under the employment arrangement, it may constitute a contractual non-working day (akdi tatil) rather than the statutory weekly rest day.

Unless Saturday has been expressly designated as a weekly rest day under the applicable employment arrangement, it should not automatically be treated as such.

This distinction has been addressed by the 9th Civil Chamber of the Turkish Court of Cassation, File No. 2021/897, Decision No. 2021/5272.

Does Saturday Count Toward Annual Leave?

The classification of Saturday can affect annual leave calculations.

Where Saturday is merely a contractual non-working day rather than the statutory weekly rest day, it may continue to be considered a working day for annual leave calculation purposes, depending on the applicable arrangement.

This is one reason employers operating a Monday-to-Friday schedule should carefully review how Saturday is defined in their employment contracts and internal HR policies.

What Happens if an Employee Works on Saturday?

Assume employees normally work five days per week and complete the statutory 45-hour weekly working time during those five days.

If an employee then works additional hours on Saturday, the payment is not necessarily calculated as if Saturday were an additional statutory weekly rest day.

Instead, because the employee has already reached 45 hours, the Saturday hours may constitute overtime.

Qualifying overtime is generally compensated with a 50% increase to the normal hourly wage.

The correct classification of Saturday therefore directly affects payroll.

Annual Paid Leave in Turkey

Employees satisfying the applicable seniority requirements are entitled to annual paid leave (yıllık ücretli izin).

Turkish law contains mandatory protections concerning how annual leave is granted and divided.

Annual leave is intended to provide genuine rest and cannot simply be fragmented at the employer’s discretion.

Can an Employer Divide Annual Leave?

The employer cannot unilaterally divide annual paid leave in a manner contrary to the statutory framework.

Under Article 56 of Labor Law No. 4857, annual leave should generally be provided continuously within the applicable statutory entitlement.

However, the employer and employee may agree to divide the annual leave into several periods.

Where annual leave is divided by agreement, at least one portion must be no shorter than 10 days.

This requirement is intended to ensure that the employee benefits from a meaningful continuous rest period.

Can Other Leave Be Deducted From Annual Leave?

Generally, separate statutory or contractual leave should not simply be deducted from the employee’s annual paid leave entitlement.

For example, other paid or unpaid leave granted during the year, as well as qualifying rest or sickness periods, should be treated according to their own legal framework.

Employers should therefore avoid automatically converting every employee absence into annual leave.

Do Public Holidays Count as Annual Leave Days?

Certain statutory holidays occurring during annual paid leave are not counted as annual leave days.

These include qualifying:

  • national holidays;
  • general public holidays; and
  • weekly rest days.

For example, if a statutory public holiday occurs during an employee’s annual leave period, the holiday should be treated separately rather than simply deducted from the employee’s annual leave balance.

Correct leave-calendar configuration is therefore essential for payroll and HR systems.

Penalties for Incorrectly Dividing Annual Leave

Employers that divide annual paid leave contrary to statutory requirements may face an administrative fine for each affected employee.

Applicable fine amounts are updated periodically.

Companies should therefore establish clear annual leave procedures and ensure managers cannot informally impose leave arrangements that conflict with Turkish Labor Law.

Must Annual Leave Pay Be Paid in Advance?

Yes.

Article 57 of Turkish Labor Law provides an important payroll rule for employees taking annual paid leave.

The employer must pay the employee’s remuneration relating to the annual leave period in advance before the employee begins the leave, or provide the corresponding amount as an advance.

This requirement can be overlooked by international employers whose normal payroll system pays employees only on a fixed monthly salary date.

Local payroll procedures should therefore account for the statutory treatment of annual leave remuneration.

Can an Employee Work for Another Employer During Annual Leave?

Annual paid leave is intended to provide the employee with rest.

Under Article 58 of Turkish Labor Law, an employee taking annual paid leave is generally prohibited from performing paid work for another employer during the leave period.

Where it is established that the employee performed paid work while on annual leave, the original employer may potentially recover the annual leave remuneration paid for that period.

Depending on the circumstances, the conduct may also have employment consequences and can potentially support termination on a valid ground.

Employers should nevertheless assess each situation carefully before taking disciplinary action.

Standard Weekly Working Hours in Turkey

Under Article 63 of Labor Law No. 4857, the general maximum normal working time is:

45 hours per week.

Unless otherwise agreed, these hours are generally distributed equally among the working days of the week.

However, the parties may agree to distribute weekly working time differently.

Can Working Hours Be Distributed Unequally Across the Week?

Yes.

By agreement between the parties, normal weekly working time can be distributed unevenly across the working days.

However, normal daily working time cannot exceed:

11 hours per day.

This allows employers to operate different scheduling structures while maintaining the statutory weekly and daily limits.

For example, companies operating a five-day working week may distribute weekly working hours differently from businesses operating six days per week.

Working Hours for Underground Mining Employees

A special working-time regime applies to employees working in underground mining operations.

Their working time is generally limited to:

7.5 hours per day and 37.5 hours per week.

This is lower than the standard 45-hour weekly limit applicable to most employees.

Employers in mining and other specially regulated industries should therefore ensure that general office working-time rules are not incorrectly applied to employees covered by sector-specific protections.

Penalties for Violating Working-Time Rules

Employers that fail to comply with statutory working-time rules and related regulations may face administrative penalties.

The applicable amounts are updated periodically.

Working-time compliance should therefore be supported by reliable records showing:

  • employee start and finish times;
  • breaks;
  • overtime;
  • absences;
  • lateness;
  • weekly rest;
  • annual leave; and
  • other statutory leave.

Accurate time records can also become important evidence in subsequent employment disputes.

Attendance Management and Payroll in Turkey

Attendance and payroll are closely connected under Turkish employment law.

An unauthorized absence can affect salary and weekly rest entitlement. Lateness can affect remuneration for unworked time. Working on a contractual non-working day can generate overtime. Public holidays occurring during annual leave can alter the employee’s leave balance.

For this reason, international employers should integrate their time and attendance system with Turkish payroll processes.

HR teams should particularly monitor:

  • unauthorized absence;
  • justified and unjustified absence;
  • lateness;
  • medical leave;
  • annual paid leave;
  • weekly rest;
  • public holidays;
  • overtime; and
  • daily and weekly working-time limits.

Documenting Employee Absence and Lateness

Documentation is especially important where an employer may eventually consider disciplinary action or termination.

Employers should avoid relying solely on informal statements that an employee “did not come to work.”

Depending on the circumstances, appropriate documentation may include:

  • attendance records;
  • workplace absence reports;
  • access-control records;
  • written warnings;
  • requests for the employee’s explanation;
  • medical certificates where applicable;
  • correspondence with the employee; and
  • payroll records.

The purpose is to establish precisely when the employee was absent, for how long, whether permission was obtained, and whether a valid reason existed.

This becomes particularly important when assessing the statutory absence thresholds under Article 25.

Employer of Record and Payroll Services in Turkey

For international companies employing personnel in Turkey, managing attendance rules alongside payroll and employment law can be complex.

A local Employer of Record (EOR) or payroll provider in Turkey can assist with:

  • monthly payroll;
  • SGK declarations;
  • employee attendance;
  • annual leave calculations;
  • sick leave;
  • public holidays;
  • overtime calculations;
  • weekly rest;
  • absence management;
  • termination calculations; and
  • statutory HR documentation.

This can be particularly useful where the international company’s global HR policies differ from mandatory Turkish employment requirements.

Why International Employers Should Localize Their Leave Policies

Global companies frequently operate standardized attendance and annual leave policies across multiple countries.

However, applying a global policy without adapting it to Turkish law can create compliance problems.

For example:

  • one day of unauthorized absence can affect weekly rest pay;
  • three qualifying absence days within a rolling one-month period can potentially create immediate termination rights;
  • Saturday is not automatically a statutory weekly rest day;
  • annual leave cannot be divided entirely at the employer’s discretion;
  • at least one portion of divided annual leave must generally be at least 10 days;
  • public holidays and weekly rest days can affect annual leave calculations;
  • annual leave remuneration is subject to specific advance-payment requirements; and
  • normal weekly working time is generally limited to 45 hours.

International employers should therefore adapt global attendance policies to Turkish statutory requirements before applying them locally.

Turkish Labor Law establishes detailed rules concerning employee absence, lateness, weekly rest, annual paid leave, and working hours.

Employers must distinguish between full-day unauthorized absence and partial lateness because the legal consequences can differ significantly.

Repeated unauthorized absence can potentially provide grounds for immediate termination when the thresholds under Article 25/II-g are satisfied, while repeated lateness may support a valid termination where it materially disrupts workplace operations and has been appropriately documented.

Annual leave also requires careful administration. Employers cannot divide leave freely, qualifying public holidays and weekly rest days must be treated correctly, and annual leave remuneration is subject to specific payment rules.

For international companies, integrating attendance management, Turkish payroll, SGK reporting, and employment-law compliance is essential. Reliable local HR and payroll procedures help ensure that absences, leave, overtime, and working hours are correctly recorded while reducing the risk of employee disputes and administrative penalties.

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