Practice Areas
Labor Law Advisory
Legal support for disputes arising from the employer-employee relationship under Labor Law No. 4857 and related legislation.
Last updated: · Prepared by: Av. Barış Kaymaz
Labor law governs the establishment, conduct and termination of the employment relationship, primarily under Labor Law No. 4857, and is closely linked to union, collective bargaining and social security legislation.
Disputes frequently arise around termination, unpaid wages, overtime and workplace harassment. Resolving them requires an accurate assessment of both the employee's and the employer's rights and obligations.
We act for employees and employers looking for an employment lawyer in Istanbul and for clients who need an employment lawyer in Ankara, and we assist clients across Türkiye in employment contract and employee–employer disputes.
Termination of the Employment Contract
Termination of an employment contract may occur as an immediate termination for just cause by either party (Articles 24-25 of the Labour Act) or as termination for valid cause by the employer (Article 18). Just cause covers matters such as health reasons, conduct contrary to good faith, or force majeure and does not require notice or severance-notice pay, while valid cause concerns the employee's inadequacy, conduct, or operational reasons and triggers job-security protections for employees with at least six months' seniority at workplaces with 30 or more employees.
Termination for Just Cause
Where either party breaches good-faith obligations, or in cases of health issues or force majeure, either side may terminate immediately without observing the notice period. Severance pay is due where the employee terminates for just cause and where the employer terminates for health reasons or force majeure; it is not due where the employer terminates because of the employee's conduct contrary to morality and good faith (Article 25/II of the Labour Act; Article 14 of Law No. 1475).
Termination for Valid Cause
Termination based on incompetence, conduct, or operational requirements must be communicated in writing with the valid reason clearly stated; otherwise, the employee may file a reinstatement claim.
Severance and Notice Pay
Severance pay is due to an employee with at least one year of service whose contract ends under statutory conditions, calculated at 30 days' gross wage per full year of service; retirement, military service, a female employee's marriage, and employer termination without just cause are among the main triggering events. Notice pay, under Article 17 of the Labour Act, compensates for termination without observing the statutory notice periods, which increase progressively with the employee's length of service.
Reinstatement Lawsuit
An employee covered by job security whose contract is terminated without valid cause must apply to mediation within one month of the termination notice, and if no settlement is reached, may file suit before the labour court within two weeks. If the court finds the termination invalid, the employer must reinstate the employee within one month or pay compensation of four to eight months' wages, plus up to four months' wages and other entitlements for the period the employee was not reinstated.
Overtime and Wage Claims
Work exceeding 45 hours per week is treated as overtime and paid at a 50% premium, or, with the employee's consent, compensated with time off; written records are the primary form of proof, though witness testimony may also be considered. Claims for wages, bonuses, and annual leave pay are subject to a five-year limitation period regardless of whether the employment relationship has ended, and mediation is a mandatory precondition before filing suit for these claims as well.
Workplace Harassment and Occupational Health and Safety
Mobbing (psychological harassment) may involve systematic belittling, exclusion, or the deliberate worsening of working conditions, and can give the employee grounds for termination with just cause and a claim for non-material damages. In cases of workplace accidents or occupational disease, an employer that failed to take the required precautions can be held liable both under general civil liability rules and under social security legislation.
| Length of Service | Notice Period |
|---|---|
| Less than 6 months | 2 weeks |
| 6 months - 1.5 years | 4 weeks |
| 1.5 years - 3 years | 6 weeks |
| More than 3 years | 8 weeks |
Services in This Area
- Advising employees or employers throughout termination processes
- Pursuing severance and notice pay claims
- Handling reinstatement lawsuits and the mandatory mediation process
- Litigating overtime, bonus and other wage claims
- Assessing and litigating workplace harassment (mobbing) claims
- Pursuing compensation claims arising from occupational accidents and diseases
- Drafting employment contracts and internal workplace regulations
- Advising on collective redundancy processes