Employment Law and the Contractual Relationship
Understanding employment law in Turkey is useful for both employees and employers. According to the Labour Law, employment contracts must generally be established for an indefinite period. However, contracts may be established for a limited period of time if some objective conditions are fulfilled. Definite-term employment contracts are effective for a duration stipulated therein and terminate without notice.
In line with labour law principles, definite-term employment contracts must be in written form. Moreover, according to Article 12 of the Labour Law, no distinction can be made between employees working on fixed-term and those on indefinite-term employment contracts merely because an employment contract is temporary. This regulation reflects the equal treatment principle that prevails in Turkish law.
In a definite-term employment contract, the term may be decided explicitly or implicitly. These contracts must extend until the completion of a certain job or the occurrence of a certain event. The general principle is that definite-term employment contracts should be made for a single length of time, unless other exceptions in the law apply. Renewing a fixed-term employment contract may change the contract status to an indefinite term, according to Supreme Court decisions. This creates notice-period requirements if either party wishes to terminate the contract.
For general legal background, you can also review labour law on Wikipedia.
Working Hours Under Employment Law
As long as the requirements imposed by the provisions of the Labour Law are not infringed, an employment contract can be drawn up in accordance with the needs of the parties. According to the Labour Law:
- weekly working time may not exceed 45 hours;
- daily working time may not exceed 11 hours;
- night working time may not exceed 7.5 hours.
If working time exceeds these periods, the excess is considered overtime, and the hourly wage of the overtime period will be paid in the amount of at least 50% more than the normal hourly wage. If the employee accepts, this period can also be used as rest time instead of payment.
Working hours can be determined by the employer within the scope of the management right, provided that the employee is granted at least 24 hours of uninterrupted rest per week. If you are settling into daily life in the city, you may also want to explore areas such as Taksim Square or take a break on a Bosphorus Cruise.
Compensation and Minimum Wage
The minimum wage is regulated in the Labour Law and the Minimum Wage Regulation numbered 5454. According to Article 39 of the Labour Law, there is a minimum wage limit for all employees working with an employment contract. This amount is determined by the Turkish Ministry of Labour and Social Security.
While the gross minimum monthly wage was TRY2,943 for 2020, this amount was determined as TRY3,577 in 2021, which is the minimum wage valid for all business lines. As wage figures may change over time, it is best to check the official source for current amounts. The parties are free to agree on a wage above this amount, but no wage can be agreed upon below it. There are no obligations imposed on employers such as paying bonuses or premiums, other than the minimum wage limit.
For official public information in Turkey, check relevant government resources on gov.tr.
Other Terms of Employment
Paid Annual Leave
Paid annual leave rights are regulated in Article 53 of the Labour Law as follows:
- no paid annual leave is regulated for under one year of employment by the same employer;
- 14 days for between one and five years of employment by the same employer;
- 20 days for between five and 15 years of employment by the same employer;
- 26 days for 15 or more years of employment by the same employer.
These periods are minimums, meaning that the parties may increase them by mutual agreement. The paid annual leave periods of employees subject to the Maritime Labour Law or Press Labour Law are different.
Paid annual leave is a constitutional right, and it is not possible to waive this right even with the consent of the employee. Even if the employer pays the employee's wage upon his or her consent, it is not considered valid.
Weekend Holiday and National Holidays
Apart from paid annual leave, another leave envisaged in the Labour Law is the weekend holiday. Employees must be given at least 24 hours of uninterrupted rest in a week. If the employee has worked on other days, he or she is also entitled to that day's wage even though he or she does not work during the weekend. The parties may agree to increase the duration of the weekend.
In Turkish law, a total of 15.5 days on different dates within a year are considered national holidays and general vacations.
Sick Leave
In case of illness, an employee can rest on the condition that he or she takes sick leave and provides evidence regarding the illness, such as a report from a doctor.
Maternity Leave, Paternity Leave, and Other Leave
A pregnant employee is entitled to a total of 16 weeks of maternity leave, generally comprising eight weeks before the birth and eight weeks after the birth. Female employees are also given a total of one and a half hours of milk leave per day to breastfeed their children under the age of one. The employee determines between which hours and in how many divisions this time will be used.
A male employee whose wife gives birth is given five days of paid leave. An employee who gets married or adopts a child, and employees whose mother or father, sibling, spouse, or child has died, are given three days of paid leave. Apart from this, one of the parents is allowed up to ten days in one year for the treatment of a child with at least 75% disability or chronic disease.
Why Knowing the Basics Matters
Even the thought of the amount of legal information you need to know before starting a job might feel overwhelming. It is easy to get lost, make mistakes, and worry about the consequences. Knowing the basics can help you understand your rights and obligations more clearly.
If you need support, it is always wise to ask for advice instead of trying to handle unfamiliar terms and concepts alone. That way, you can focus on your plans and enjoy your time in the city, whether that means visiting the Grand Bazaar or discovering Istanbul step by step.
