Employment of Workers and Employee Rights in Turkey

Employment of Workers
In the recruitment process, employers are required to act fairly. An employment contract is an agreement made between the employee and the employer, and it is recommended that this contract is prepared in writing. The employment contract should clearly state the nature of the work, working conditions, and the employee’s rights.
Dismissals
Dismissal refers to the employer terminating the employee's job. The Labor Law requires reasonable grounds for dismissal. In the case of dismissal, the employer must comply with the notice period. The notice period varies depending on the employee's length of service at the workplace:
- Less than 6 months: 2 weeks
- 6 months to 1.5 years: 4 weeks
- More than 1.5 years: 6 weeks
If the notice period is not observed, the employee is entitled to receive notice pay.
Severance Pay
Severance pay is the compensation paid to an employee upon voluntary resignation or dismissal under certain conditions. To qualify for severance pay, the employee must have worked at the same workplace for at least one year. Severance pay is calculated based on the employee's gross salary for each full year of service.
Overtime Wages
Overtime comes into play when the employee works beyond their normal hours. In this case, it is stated that the wage for overtime work must be calculated at 50% more than the normal hourly rate. Overtime wages are determined by calculating the employee's normal salary.
Annual Leave Rights
Employees' annual leave rights are regulated in the Labor Law. Employees are entitled to annual leave based on their length of service:
- 1-5 years of service: 14 days
- 5-15 years of service: 20 days
- More than 15 years of service: 26 days
Annual leave should be planned and granted by the employer within the year, and the employee has the right to use this leave.
Employment Claims
Employment claims refer to the unpaid wages that an employee is entitled to during their employment period, which the employer has failed to pay. Employees can demand their receivables. It is important for employees to gather documents (such as salary slips, employment contracts, work records, etc.) during their working period when filing an employment claim lawsuit.
Reinstatement Lawsuits
Reinstatement refers to the process of an employee who has been dismissed returning to their job by court order. To file a reinstatement lawsuit, it is a requirement to prove the existence of unfair dismissal. The employee has the right to file a reinstatement lawsuit, and if the court rules in favor of the employee, they can return to work. Additionally, the wages for the duration of inactivity can be claimed from the employer by court order.