WORKER RIGHTS IN
TURKEY AS A FOREIGNER
Introduction
As a foreigner working in Turkey, understanding your rights
as an employee is essential to ensure fair treatment and protection under
Turkish labor laws. Turkey has a robust legal framework that safeguards the
rights of workers, including foreigners. This guide provides a detailed
overview of worker rights in Turkey, focusing on key areas such as employment
contracts, wages, working hours, leave entitlements, and dispute resolution.
Additionally, it highlights the importance of seeking advice from an English-speaking
lawyer in Istanbul to navigate the complexities of Turkish labor law.
Employment Contracts
In Turkey, employment contracts form the basis of the
employer-employee relationship. As a foreign worker, you have the right to a
written employment contract that clearly outlines the terms and conditions of
your employment. The contract should include:
- Job
Description: Your role, responsibilities, and duties.
- Wages:
Details of your salary, including any bonuses or benefits.
- Working
Hours: Regular working hours, overtime provisions, and breaks.
- Leave
Entitlements: Annual leave, sick leave, and other types of leave.
- Social
Security Contributions: Information on your social security
registration and contributions.
It is important to review your contract carefully and seek
legal advice if necessary to ensure that it complies with Turkish labor laws.
Wages and Minimum Wage
Turkey has a national minimum wage that is revised annually.
As a foreign worker, you are entitled to receive at least the minimum wage,
regardless of your nationality. The minimum wage covers basic salary and does
not include additional benefits such as bonuses, overtime, or allowances.
Employers are required to pay wages on a regular basis, typically monthly, and
must provide a detailed pay slip showing the breakdown of earnings and
deductions.
Working Hours and Overtime
The standard working week in Turkey is 45 hours, typically
spread over six days. Any work beyond 45 hours per week is considered overtime
and must be compensated at a higher rate, usually 1.5 times the regular hourly
wage. Employers cannot force employees to work overtime, and there are limits
on the maximum number of overtime hours that can be worked annually.
As a foreign worker, you have the right to refuse overtime
if it exceeds the legal limits or if it is not compensated according to the
law. It is also important to note that certain categories of workers, such as
pregnant women and minors, are subject to additional protections and
restrictions on working hours.
Leave Entitlements
Foreign workers in Turkey are entitled to the same leave
entitlements as Turkish workers. These include:
1. Annual Leave
The amount of annual leave you are entitled to depends on
your length of service with the same employer:
- 1-5
years of service: 14 days
- 5-15
years of service: 20 days
- More
than 15 years of service: 26 days
Annual leave is a right, and employers cannot deny it.
However, the timing of leave may be subject to the employer's approval.
2. Sick Leave
If you are unable to work due to illness or injury, you are
entitled to sick leave. During this period, your salary is typically covered by
the Social Security Institution (SGK), provided you have been contributing to
the social security system.
3. Maternity and Paternity Leave
Female employees are entitled to 16 weeks of paid maternity
leave (8 weeks before and 8 weeks after the birth). Male employees are entitled
to 5 days of paid paternity leave. Additional unpaid leave may be available,
and parents can also take advantage of reduced working hours after the birth of
a child.
4. Public Holidays
Turkey observes several national public holidays, during
which employees are entitled to paid time off. If you are required to work on a
public holiday, you are entitled to additional compensation, typically double
your regular pay.
Non-Discrimination and Equal Treatment
Turkish labor law prohibits discrimination based on
nationality, race, gender, religion, or political beliefs. As a foreign worker,
you are entitled to equal treatment in all aspects of employment, including
hiring, wages, working conditions, and promotion opportunities. Employers are
required to provide a safe and healthy working environment for all employees,
free from harassment and discrimination.
Termination and Severance Pay
Employers in Turkey must follow specific procedures when
terminating an employment contract. For indefinite term contracts, the employer
must provide a notice period, which varies depending on the employee's length
of service. If the employer terminates the contract without notice, they must
pay compensation in lieu of notice.
Foreign workers with at least one year of service are
entitled to severance pay upon termination, calculated as one month's salary
for each year of service. Severance pay is mandatory for dismissals that are
not based on just cause, such as gross misconduct or criminal behavior.
Dispute Resolution and Legal Support
Disputes between employers and employees are not uncommon,
and it is important to know your rights and the avenues available for resolving
conflicts. In Turkey, labor disputes can be resolved through the following
mechanisms:
1. Mediation
As of 2018, mediation is a mandatory step before filing a
lawsuit in labor disputes. A neutral mediator facilitates discussions between
the parties to reach an amicable settlement. If mediation fails, the dispute
can proceed to court.
2. Labor Courts
Labor courts in Turkey have jurisdiction over
employment-related disputes, including wrongful termination, unpaid wages, and
discrimination claims. The courts aim to resolve disputes quickly, with a focus
on protecting employee rights.
3. Arbitration
Arbitration is an alternative dispute resolution method that
can be used if both parties agree. It offers a private and potentially faster
resolution process compared to court proceedings.
Given the complexities of Turkish labor law, it is highly
recommended that foreign workers seek legal advice when facing a dispute. An
English-speaking lawyer in Istanbul can provide expert guidance and
representation to ensure that your rights are protected throughout the dispute
resolution process.
Conclusion
Understanding your rights as a foreign worker in Turkey is
essential for ensuring fair treatment and protecting your interests. Turkish
labor law provides a comprehensive framework that safeguards the rights of all
employees, including foreigners. From employment contracts to wages, working
hours, and leave entitlements, knowing your rights can help you navigate the
Turkish labor market with confidence.
At Altun Legal, our English-speaking lawyers in Istanbul
specialize in Turkish labor law and are dedicated to helping foreign workers
understand and protect their rights. Whether you need assistance with reviewing
an employment contract, resolving a dispute, or understanding your
entitlements, our experienced team is here to provide the legal support you
need.
Contact Us
If you have any questions about worker rights in Turkey or
need legal assistance, contact Altun Legal today. Our English-speaking lawyers
in Istanbul are ready to help you navigate the complexities of Turkish labor
law.
This article is intended for general informational purposes only and not intended as a substitute for the advice and counsel of an attorney. If you want to contact an English-speaking lawyer in Istanbul for more information, you can contact our office.
