Employing workers in Turkey requires companies to comply with detailed rules covering recruitment quotas, probation periods, termination procedures, reinstatement claims, minimum wage, weekly rest, collective dismissals, job-search leave, and employment documentation.
These requirements primarily arise from Turkish Labor Law No. 4857 and its secondary legislation.
For international companies employing personnel in Turkey, understanding these rules is essential. Failure to comply with Turkish employment legislation can result in administrative fines, employee compensation claims, reinstatement proceedings, and additional termination liabilities.
This guide provides an overview of several important employment obligations companies should consider when hiring, managing, and terminating employees in Turkey.
Mandatory Employment of Disabled Workers in Turkey
Turkish Labor Law establishes mandatory employment quotas for disabled workers when an employer reaches a certain workforce threshold.
Under Article 30 of Labor Law No. 4857, workplaces employing 50 or more employees are subject to specific obligations.
Private-sector workplaces must generally employ disabled workers corresponding to at least:
3% of their workforce.
Different requirements apply to public-sector workplaces.
Public employers must generally employ:
- 4% disabled workers; and
- 2% former convicts, subject to the statutory framework.
These quotas form part of Turkey’s employment policies aimed at promoting participation in the workforce.
How Is the Disabled Employee Quota Calculated?
Special rules apply where an employer operates several workplaces within the same province.
Where the same employer has multiple workplaces within the boundaries of the same province, the quota is generally calculated according to the employer’s total number of employees across those workplaces.
Employees already working under the relevant disabled-worker status are not included in the workforce figure used for the applicable quota calculation in the manner prescribed by the legislation.
Companies operating several branches, stores, offices, warehouses, or facilities within the same Turkish province should therefore consider their workforce collectively when determining whether the statutory threshold has been reached.
Penalties for Failure to Employ the Required Number of Disabled Workers
Employers subject to the quota that fail to employ the required number of disabled workers may face administrative penalties.
A separate administrative fine can apply:
for each missing disabled or qualifying former-convict employee and for each month of non-compliance.
The applicable fine is updated periodically.
Consequently, a prolonged quota shortfall can result in substantial cumulative penalties.
HR teams should therefore monitor workforce numbers whenever the company’s headcount approaches or exceeds 50 employees.
Wage Deduction Penalties Under Turkish Labor Law
Employers cannot freely impose disciplinary deductions from employees’ salaries.
Under Article 38 of Turkish Labor Law, a wage deduction penalty may generally only be imposed for reasons specified in the applicable:
- employment agreement; or
- collective bargaining agreement.
An employer cannot simply create an arbitrary financial penalty after the alleged misconduct occurs.
Employee Notification of Wage Deductions
Where a disciplinary wage deduction is imposed, the employee must be promptly informed of the reason for the deduction.
The employer should clearly document:
- the conduct concerned;
- the contractual or collective bargaining provision authorizing the deduction;
- the amount deducted; and
- the date of the deduction.
Proper documentation can be particularly important if the employee later challenges the disciplinary measure.
Maximum Wage Deduction as a Disciplinary Penalty
Turkish legislation limits the amount that can be deducted from an employee’s salary as a disciplinary sanction.
The deduction cannot exceed two days’ wages in one month.
For employees paid according to piecework or output, the deduction cannot exceed the equivalent of two days’ earnings.
The employer therefore cannot use salary deductions as an unlimited disciplinary mechanism.
Where Must Disciplinary Wage Deductions Be Paid?
Amounts deducted as disciplinary wage penalties are not simply retained by the employer.
They must be deposited, within one month from the deduction, into an authorized bank account designated by the Ministry of Labour and Social Security.
The funds are intended for purposes connected with employee education and social services.
Employers imposing deductions contrary to Article 38 may also face administrative fines, with applicable amounts updated periodically.
Probation Periods in Turkey
Probation periods are permitted under Turkish employment law but are subject to strict maximum durations.
Under Article 15 of Labor Law No. 4857, where an employment agreement contains a probation clause, the probation period may generally be no longer than:
2 months.
However, a collective bargaining agreement may extend the probation period up to:
4 months.
International companies should pay particular attention to this limitation because six-month probation periods commonly used in some countries cannot simply be transferred into a standard Turkish employment contract.
Can Employment Be Terminated During Probation?
During a valid probation period, either party may generally terminate the employment agreement without a notice period and without notice-related compensation.
However, this does not eliminate the employee’s rights relating to work already performed.
The employee remains entitled to:
- salary for days worked; and
- other accrued statutory or contractual rights.
A probation period should therefore not be confused with an unpaid trial arrangement.
Is SGK Registration Required During Probation?
Yes.
An employee must be appropriately registered for social security during the probation period.
The existence of a probation clause does not exempt the employer from SGK registration or social security obligations.
This is particularly important for foreign employers that may incorrectly assume that registration can be postponed until the employee successfully completes probation.
What Is Bad-Faith Compensation in Turkey?
Bad-faith compensation (kötü niyet tazminatı) is a specific remedy under Turkish employment law.
It primarily protects employees who are not covered by the statutory employment security/reinstatement framework and whose indefinite-term employment agreement is terminated by the employer in bad faith.
The concept is intended to sanction abuse of the employer’s termination rights.
How Is Bad-Faith Compensation Calculated?
Where the statutory conditions are satisfied, an employer that abuses its termination right may be required to pay compensation corresponding to:
three times the employee’s applicable notice-period compensation.
Importantly, entitlement to ordinary notice compensation does not necessarily prevent the employee from also claiming bad-faith compensation.
The two concepts address different legal issues.
The employee generally bears the burden of proving that the employer acted in bad faith.
Limitation Period for Bad-Faith Compensation
The applicable limitation period depends partly on when the employment relationship was terminated.
For employment agreements terminated before 25 October 2017, the historical limitation period may be 10 years.
For qualifying claims relating to terminations after that date, a five-year limitation period generally applies under the relevant framework.
Employers should maintain termination documentation for appropriate retention periods because disputes can arise long after employment has ended.
What Is a Reinstatement Claim in Turkey?
A reinstatement claim (işe iade davası) allows certain employees to challenge an employer’s termination where the statutory employment-security conditions apply.
If the dismissal lacks a valid reason, the employee may seek reinstatement and related compensation.
Not every employee qualifies for this protection.
Several conditions must generally be satisfied.
Conditions for Filing a Reinstatement Claim
The main conditions include the following.
1. The Workplace Must Meet the 30-Employee Threshold
The workplace must generally employ 30 or more employees, subject to the statutory rules for calculating headcount.
2. The Employee Must Have at Least Six Months’ Seniority
The employee must generally have worked for the employer for at least:
6 months.
3. The Employment Agreement Must Be Indefinite
The employee must generally work under an indefinite-term employment agreement.
The agreement must have been terminated without a valid reason or on grounds that do not satisfy the applicable statutory requirements.
4. Mandatory Mediation Must Be Initiated Within One Month
Following notification of termination, the employee must generally apply to a mediator within the statutory one-month period.
Employment mediation is therefore an essential procedural stage before litigation.
5. Court Proceedings Must Follow Unsuccessful Mediation
If mediation does not result in a settlement, the employee must generally file the reinstatement action before the competent labour court within:
two weeks from the date of the final mediation report.
Missing these deadlines can result in the employee losing the right to pursue reinstatement.
What Happens if the Employee Wins a Reinstatement Case?
If the court determines that the dismissal was invalid and orders reinstatement, additional procedural deadlines apply.
The employee must generally apply to the employer within 10 business days following notification of the finalized reinstatement decision.
Failure to make the application within the statutory period can affect the employee’s reinstatement rights.
How Long Does the Employer Have to Reinstate the Employee?
Following a valid application from the employee, the employer generally has one month to respond and reinstate the employee.
Where the employee is reinstated within the statutory framework, the employment relationship is treated according to the consequences prescribed by Turkish employment law.
However, the employer may choose not to reinstate the employee.
Compensation for Failure to Reinstate an Employee
Where an employer does not reinstate an employee following a successful reinstatement claim, the employer can be ordered to pay non-reinstatement compensation.
The amount is generally determined between:
4 and 8 months’ wages.
The precise amount depends on the circumstances and the court’s determination.
Additional financial consequences relating to the invalid dismissal period may also arise under the applicable legislation.
This makes dismissal risk assessment particularly important for employers covered by Turkey’s employment-security regime.
Termination Procedure Under Turkish Labor Law
Article 19 of Labor Law No. 4857 establishes important procedural requirements for qualifying employer-initiated dismissals.
The employer must generally provide the termination notice in writing.
The reason for termination must also be stated in a:
clear and precise manner.
Generic statements such as “performance issues” or “company decision” may create significant risks where the statutory employment-security framework requires a valid and properly documented reason.
Must the Employee Be Asked for a Defence Before Termination?
Where an indefinite-term employment agreement is being terminated because of reasons connected with the employee’s conduct or performance, the employer must generally obtain the employee’s defence before proceeding with the dismissal.
This gives the employee an opportunity to respond to the allegations.
An important exception exists for certain circumstances allowing immediate termination under Article 25/II.
Companies should therefore distinguish:
- performance termination;
- conduct-related termination;
- operational termination; and
- immediate termination for just cause.
Each category can involve different procedural requirements.
Who Must Prove That the Dismissal Was Valid?
Where the employee challenges a dismissal under the employment-security framework, the employer generally bears the burden of proving that the termination was based on a valid reason.
However, where the employee alleges that the employer’s stated reason was not the real reason and that the dismissal was actually motivated by another factor, the employee may bear the burden of proving that allegation.
Accurate HR documentation is therefore essential throughout the employment relationship, not merely when termination becomes imminent.
Job-Search Leave During the Notice Period
Employees working through their notice period are entitled to paid job-search leave (yeni iş arama izni).
Under Article 27 of Turkish Labor Law, the employer must allow the employee sufficient time during working hours to search for new employment.
The leave must be provided:
- during working hours; and
- without any salary deduction.
How Much Job-Search Leave Is an Employee Entitled To?
Job-search leave cannot be less than:
2 hours per day.
The employee may request to combine these hours and use them collectively.
Where the employee wishes to use the accumulated leave in this way, it should be scheduled during the days immediately preceding the employee’s departure, and the employer must be informed accordingly.
What Happens if the Employer Does Not Provide Job-Search Leave?
Where the employer fails to provide the statutory job-search leave or provides less than the required amount, the employee is entitled to payment for the corresponding period.
A more significant consequence applies where the employer requires the employee to work during the job-search leave.
In that situation, in addition to the wage the employee would have received without working during the leave, the employer must pay the remuneration corresponding to the work performed with a 100% increase, subject to the statutory framework.
Employers should therefore ensure that notice-period scheduling correctly accounts for job-search leave.
Employment Certificate When an Employee Leaves
When an employee’s employment ends, the employer must provide an employment certificate (çalışma belgesi).
Under Article 28 of Labor Law No. 4857, the certificate should indicate information including:
- the type of work performed by the employee; and
- the duration of employment.
This document can assist the former employee when applying for future positions.
Employer Liability for an Incorrect Employment Certificate
Employers should ensure that information contained in the employment certificate is accurate.
Where an employee suffers damage because:
- the certificate was not provided on time; or
- incorrect information was included,
the former employee may potentially claim compensation from the previous employer.
In certain circumstances, a new employer that suffers damage because of incorrect information may also have rights against the former employer.
As a practical matter, the certificate can be prepared in two copies, with one provided to the employee against signature.
Where personal delivery is not possible, appropriate delivery to the employee’s address should be considered.
Administrative fines may apply where an employer fails to provide the required certificate or includes incorrect information.
What Is Collective Dismissal in Turkey?
Article 29 of Turkish Labor Law regulates collective dismissals (toplu işçi çıkarma).
Whether a dismissal process qualifies as collective depends on:
- the total number of employees at the workplace;
- the number of employees dismissed; and
- whether the dismissals occur within a one-month period.
Different thresholds apply according to workforce size.
Collective Dismissal Thresholds
A collective dismissal can arise where termination under Article 17 affects, within a one-month period:
| Number of Employees at the Workplace | Collective Dismissal Threshold |
|---|---|
| 20–100 employees | At least 10 employees |
| 101–300 employees | At least 10% of employees |
| 301+ employees | At least 30 employees |
The dismissals can occur on the same date or on different dates within the relevant one-month period.
Companies planning restructurings, downsizing, facility closures, or large-scale workforce reductions should therefore determine whether the collective dismissal rules apply before issuing individual termination notices.
Employees Returning From Military Service
Turkish Labor Law also provides certain protections for employees who leave employment because of military or other statutory duties.
Under Article 31, an employee who left employment because of military or qualifying legal obligations may apply to return to employment within:
2 months following completion of the duty.
Where the employee requests re-employment and an appropriate vacancy exists in the former or a similar position, the employer must generally re-employ the individual under the applicable conditions.
If no vacancy is immediately available, the former employee may have priority for the first suitable vacancy that subsequently becomes available.
Compensation for Failure to Rehire After Military Service
Where the statutory conditions are satisfied but the employer fails to comply with its re-employment obligation, the former employee may be entitled to compensation equivalent to:
3 months’ wages.
Employers should therefore retain records concerning employees who leave specifically because of military or other qualifying statutory duties.
Minimum Wage in Turkey
Employees working in Turkey must receive at least the applicable statutory minimum wage (asgari ücret).
The minimum wage establishes the legal floor below which qualifying employee remuneration cannot be reduced.
The applicable amount is determined through the Minimum Wage Determination Commission under the framework established by Turkish legislation.
The Commission’s decisions are final and become effective following publication in the Official Gazette (Resmî Gazete).
How Often Is the Minimum Wage Determined?
Under the statutory framework, minimum wage levels must be determined at least once every two years.
In practice, minimum wage decisions can be adopted more frequently.
Employers should therefore rely on the currently applicable minimum wage rather than historical contractual figures.
This is especially important for payroll budgeting because changes to the minimum wage can affect not only employees directly earning the minimum wage but also numerous payroll, SGK, benefit, penalty, and exemption calculations.
Penalties for Paying Less Than Minimum Wage
Employers that fail to pay the statutory minimum wage or underpay employees may face an administrative fine.
The penalty can apply:
for each affected employee and for each month of underpayment.
Applicable administrative fine amounts are updated periodically.
International companies should therefore ensure that compensation packages remain compliant whenever the Turkish minimum wage changes.
Weekly Rest Entitlement in Turkey
Employees covered by Turkish Labor Law are entitled to a statutory weekly rest period.
Under Article 46 of Labor Law No. 4857, employees who satisfy the applicable working requirements before the weekly rest day must generally receive at least:
24 uninterrupted hours of rest within each seven-day period.
This is commonly referred to as hafta tatili.
Is Weekly Rest Required for Part-Time Employees?
Weekly rest entitlement does not depend exclusively on whether an employee works the standard 45-hour working week.
Turkish Court of Cassation case law has recognized that an employee who works on the relevant working days of the week may still qualify for weekly rest even where their daily or weekly working time is relatively short.
For example, the 9th Civil Chamber of the Court of Cassation, File No. 2020/3437, Decision No. 2020/19928, addressed the principle that weekly rest rights are not simply eliminated because an employee works fewer than 45 hours per week.
Consequently, employers should not assume that part-time status automatically removes weekly rest rights.
Is the Weekly Rest Day Paid?
Yes.
Where the statutory conditions are satisfied, the employee receives their full wage for the weekly rest day without being required to perform work in return.
Weekly rest is therefore both a working-time protection and a payroll entitlement.
Employers should correctly distinguish:
- ordinary working days;
- weekly rest days;
- public holidays;
- annual leave;
- overtime; and
- other statutory leave.
Each category can have different payroll consequences.
HR Compliance When Hiring Employees in Turkey
International companies entering Turkey should establish compliant employment processes before the employee’s first working day.
Important areas include:
- employment contract preparation;
- probation periods;
- SGK registration;
- salary and minimum wage compliance;
- disabled-worker quota monitoring;
- working-time arrangements;
- weekly rest;
- disciplinary procedures;
- termination documentation; and
- mandatory employee certificates.
Global employment templates should not simply be copied into Turkey without localization.
For example, an international employment agreement containing a six-month probation period may conflict with the standard Turkish statutory maximum, while termination language valid elsewhere may not satisfy Turkish procedural requirements.
Managing Employee Terminations in Turkey
Termination is one of the areas presenting the greatest employment-law risk for companies operating in Turkey.
Before terminating an employee, employers should determine:
- whether the employee is covered by employment security;
- whether the workplace reaches the 30-employee threshold;
- the employee’s seniority;
- whether the agreement is indefinite or fixed term;
- the legal reason for termination;
- whether a written defence is required;
- whether notice is required;
- whether job-search leave applies;
- whether severance compensation is due;
- whether the termination could trigger collective dismissal rules; and
- which post-termination documents must be provided.
A properly documented termination process can significantly reduce subsequent disputes.
Employer of Record and Payroll Services in Turkey
For international businesses without a Turkish legal entity or local HR department, working with an Employer of Record (EOR) in Turkey can simplify many of these obligations.
A local EOR or payroll provider can assist with:
- compliant Turkish employment agreements;
- employee onboarding;
- SGK registration;
- payroll calculations;
- minimum wage compliance;
- probation management;
- annual and statutory leave;
- working-time requirements;
- employee documentation;
- termination calculations;
- severance and notice compensation; and
- ongoing Turkish employment compliance.
This can be particularly useful for foreign companies hiring their first employees in Turkey or expanding a Turkish workforce without creating a full local HR infrastructure.
Why Employment Compliance Matters in Turkey
Turkish employment law provides substantial statutory protections throughout the employee lifecycle.
Compliance therefore begins before recruitment and continues after termination.
An employer may face legal or financial consequences for issues such as:
- incorrect probation periods;
- missing SGK registrations;
- failure to meet mandatory disabled-worker quotas;
- unlawful wage deductions;
- improperly documented dismissals;
- failure to provide job-search leave;
- incorrect collective dismissal procedures;
- minimum wage violations; or
- failure to provide statutory employment documents.
These risks increase as the company’s workforce grows because additional statutory thresholds can become applicable.
Employers hiring workers in Turkey must navigate a detailed legal framework governing recruitment, probation, employee protection, dismissal, minimum wage, weekly rest, and workforce quotas.
Some obligations depend directly on workforce size. For example, the employment of disabled workers becomes particularly relevant once applicable establishments reach the 50-employee threshold, while statutory employment-security protections generally involve a 30-employee threshold together with other eligibility conditions.
Termination procedures also require particular attention. Employers may need to provide written reasons, obtain the employee’s defence, respect mandatory mediation and reinstatement procedures, provide job-search leave, and issue employment certificates.
For foreign businesses, incorporating these requirements into local HR, payroll, and Employer of Record processes in Turkey is essential for reducing employment risk and maintaining compliance throughout the employee lifecycle.