With the deepening of globalization, when enterprises expand their business in multiple countries, cross-border labor compliance has become one of the most complex and severe challenges. To help enterprises systematically address this issue, we have collaborated with top labor lawyers from over 50 major jurisdictions worldwide (all recommended by Chambers, The Legal 500, or equivalent institutions) to jointly compile a Chinese-English labor & employment compliance guide exceeding 1 million words, and we will continuously update relevant key points.

This article publishes the key points of labor & employment compliance by September 2025 in Türkiye.

01 Overview of the Labor Law System

1.Legal System

The Turkish justice system generally falls within the Continental European civil law tradition.

2.Resources and Agencies

The main statutes governing labor and employment are the Labor Law, the Social Insurance and General Health Insurance Law, the Occupational Health and Safety Law, the Trade Unions and Collective Bargaining Law, the Code of Obligations and the Civil Code. The primary authorities responsible for the enforcement of these statutes are the Ministry of Labor and Social Security, the Social Security Institution (SGK), the Labor Courts, mediation bodies, and trade unions together with employers’ associations.

02 Employment Qualifications and Classification

1.Employment Age

The minimum employment age is 15, with certain exceptions allowing children between 14–15 to work in light and non-hazardous jobs and does not hinder their physical, mental, social, or moral development, nor interfere with their continued education.

2.Classification of Employment

The main form of employment relationship is the standard employee–employer arrangement regulated under the Labor Law. Alongside this, other models also exist, such as independent contractors governed by the Code of Obligations, temporary employment relationships through licensed private employment agencies, and subcontracting (alt işveren) or outsourcing structures where part of the work is delegated to another employer under Article 2 of the Labor Law.

3.Foreign Workers

Employment of foreign nationals in Türkiye is regulated by the International Labor Force Law and the relevant secondary legislation. Certain restrictions apply to the employment of foreign workers. In general, for each foreign employee in a workplace, at least five Turkish citizens must be employed. This requirement, however, may be subject to exceptions.

03 Recruitment and Employment Contracts

1.Background Examination

In Türkiye, there is no comprehensive regulation specifically governing background checks on job applicants; however, such practices are subject to the general principles of the Constitution, the Labor Law, and particularly the Personal Data Protection Law. Employers may conduct certain checks directly or through third parties, but in all cases the collection and processing of personal data must comply with KVKK, meaning that the applicant’s explicit consent is generally required.

2.Contract Types

Employment contracts are primarily governed by the Labor Law and the Code of Obligations. The main types of contracts are indefinite-term and fixed-term contracts, as well as part-time, full-time, on-call, and remote work contracts.

3.Probationary Period

The probationary (trial) period must be expressly agreed in writing in the employment contract. The customary probationary period is up to two months, but it can be extended to four months if there is a collective bargaining agreement in place.

04 Working Standards

1.Remuneration and Statutory Benefits

The typical remuneration structure consists of a base salary supplemented by statutory allowances (such as overtime pay, severance, annual leave pay) and, in practice, additional benefits such as meal vouchers, transportation support, and performance bonuses. Salaries are most commonly structured on a monthly basis, although daily or hourly wages may also be agreed.

2.Social Security and Employment Taxes

Statutory employee benefits are primarily provided through the social security system under the Social Insurance and General Health Insurance Law. There is no separate housing fund scheme as in some jurisdictions. The main coverage includes:

• Pension (old-age insurance)

• Health insurance (general health insurance)

• Work accident and occupational disease insurance

• Unemployment insurance

3.Working Hours

The standard system provides for a maximum of 45 hours per week, typically spread evenly over six days (7.5 hours per day) or 9 hours per day in workplaces operating five days a week. Unless otherwise agreed, hours are divided equally among working days.

4.Rest and Leave

Employees are entitled to one full rest day (24 hours) per week, customarily on Sunday, under Article 46 of the Labor Law.

05 Occupational Health and Special Protection

1.Occupational Health and Security

Employers are subject to extensive occupational health and safety (OHS) obligations under the Occupational Health and Safety Law. Employers must assess and mitigate workplace risks, provide necessary training, appoint workplace safety specialists and occupational physicians, and supply personal protective equipment. Failure to comply may result in administrative fines and liability.

2.Special Protection

Special protections apply to certain groups of employees under the Labor Law and related legislation. Pregnant and breastfeeding women are entitled to maternity leave, nursing breaks, protection from night work, and safeguards against dismissal, while employees over 50 benefit from extended annual leave. Young workers under 18 are prohibited from hazardous work and are subject to shorter working hours, and children under 15 cannot be employed except in limited light work. 

06 Personal Information and Privacy

1.General Rules

Employee privacy and personal data are protected in Türkiye under the Personal Data Protection Law (KVKK), which is largely aligned with the EU GDPR.

2.Transnational Transfer

Under the Personal Data Protection Law (KVKK), transnational transfers of employees’ personal information are subject to strict conditions. In principle, personal data may only be transferred abroad if: (i) the employee has given explicit consent, or (ii) one of the statutory processing grounds applies (e.g., necessity for contract, legal obligation), and the recipient country provides adequate protection as determined by the Turkish Personal Data Protection Authority.

07 Anti-Discrimination and Anti-Harassment

1.General Rules

Anti-discrimination and anti-harassment rules are primarily regulated under the Labor Law, the Constitution, and the Code of Obligations.

2.Protective Characters

Employees are protected against discrimination based on language, race, sex, gender, disability, political opinion, philosophical belief, religion, sect, union membership, and similar reasons. 

08 Internal Policies

1.Applicability

It is a common and lawful practice in Türkiye for employers to manage workers through internal workplace regulations and policies, provided that these rules comply with the Labor Law and general principles of fairness. Such internal policies typically cover areas such as workplace discipline, health and safety, code of conduct, use of company property, and working procedures.

2.Validity

Employers are not generally required to obtain approval or consent from employees, trade unions, or public authorities for the validity of internal workplace policies, as long as these policies comply with the Labor Law, collective bargaining agreements (if any), and general principles of equity. Employers have a statutory management right (ius variandi) to regulate workplace practices, but this right cannot be exercised in a way that contradicts mandatory labor rights.

3.Whistleblowing

In Türkiye, there is no single comprehensive whistleblowing law equivalent to those in some other jurisdictions. However, protection for whistleblowers arises indirectly from various sources. Under the Labor Law and the Code of Obligations, employees cannot be dismissed or discriminated against for exercising their legal rights. The Constitution also protects freedom of expression and the right to petition public authorities.

09 Transactions

1.Employment Relationship

The treatment of employees’ contracts in cases of mergers, acquisitions, equity transfers, or asset transfers is primarily governed by the Labor Law and the Code of Obligations.

2.Compensation

Employees are not automatically entitled to any compensation solely because of a merger, acquisition, or equity/asset transfer. Under Article 6 of the Labor Law, employment contracts continue with the transferee employer under the same terms, and employees cannot be terminated merely due to the transaction.

10 Termination of Employment

1.Termination Grounds

Employers cannot dismiss employees at will; termination must generally be based on a cause defined by law. The applicable framework is the Labor Law.

2.Termination Procedure

Under Turkish law, an employer must give prior notice before termination of an indefinite-term employment contract, unless there is a just cause for immediate dismissal. The employer may choose not to give notice by paying compensation in lieu of notice (ihbar tazminatı) equal to the employee’s wages for the relevant notice period.

3.Termination Protection

Employees benefit from dismissal protection under the Labor Law. Employees who work in a workplace with at least 30 employees and have a minimum of 6 months’ seniority are covered by the job security provisions. For these employees, the employer must demonstrate a valid reason (“geçerli sebep”) for termination related to the employee’s performance, behavior, or the operational needs of the enterprise.

4.Severance and Compensation

In Türkiye, the right to severance pay (kıdem tazminatı) is established under Article 14 of the former Labor Law No. 1475, which remains in force despite the enactment of the current Labor Law. Employees who have completed at least one year of service with the same employer are entitled to severance pay upon termination, provided the termination falls under qualifying circumstances.

5.Wrongful Termination

Wrongful termination exposes the employer to significant liabilities under the Labor Law. If a court (or mandatory mediation prior to litigation) determines that a termination was invalid:

• Reinstatement

• Compensation for idle period

• Severance and notice pay

• Other claims: Employees may additionally claim unpaid overtime, annual leave, or other accrued rights

6.Mass termination and Layoffs

Collective dismissals are specifically regulated under Article 29 of the Labor Law. A termination is considered collective if, within a 30-day period, the employer dismisses:

• At least 10 employees in workplaces with 20–100 employees,

• At least 10% of employees in workplaces with 101–300 employees,

• At least 30 employees in workplaces with more than 300 employees.

11 Confidentiality, Non-Compete, and Non-Solicitation

1.Confidentiality

It is not mandatory by law to sign confidentiality agreements with employees; however, it is a common practice for employers to include confidentiality clauses in employment contracts or to sign separate non-disclosure agreements (NDAs), especially with certain categories of employees.

2.Non-Compete and Non-Solicitation

Under Turkish law, it is legally permissible to agree on non-compete and non-solicitation clauses, but such clauses are subject to strict limitations under the Code of Obligations.

12 Work Representation and Trade Unions

1.Work Representation

Turkish labor legislation provides for the establishment of certain forms of employee representation in the workplace, though not in the form of broad “works councils” as in some EU countries.

2.Trade Unions

Trade unions are regulated under the Trade Unions and Collective Bargaining Law and they are organized primarily at the sectoral level rather than on a purely workplace basis.

13 Dispute Resolution

1.Procedures & Enforcement

Labor disputes are resolved primarily under the Labor Courts Law and the Labor Law. The general procedure requires parties to first attempt mandatory mediation before filing a lawsuit in labor courts. If mediation fails, the dispute may proceed to specialized labor courts, where proceedings are generally expedited compared to other civil cases.

2.Waiver & Enforcement

Employees cannot validly waive their statutory labor rights in advance. Any clause in an employment contract or side agreement that limits or excludes such rights is null and void.

14 Others

1.Latest Development & Trends

For international investors, key issues to monitor include potential reforms in severance pay, family leave policies, stricter occupational health and safety enforcement following workplace accidents, evolving rules on foreign workers under the International Workforce Law, and the broader impact of global ESG and supply chain compliance obligations on Turkish subsidiaries and contractors.

2.Cultural and Religious Considerations

For international investors, especially those from China, understanding cultural and religious sensitivities is important for building strong workplace relations and avoiding unnecessary disputes in Türkiye. Türkiye is a secular republic but the majority of its population is Muslim, which influences workplace practices, public holidays, and employee expectations.

* To avoid ambiguity, this article should not be regarded as legal advice.

Authors

Elif Demiröz Ustaoğlu is a Partner at Çakmak Attorney Partnership, where she leads the dispute resolution and litigation practice. She has nearly two decades of experience representing multinational and local corporations in complex commercial, administrative and employment disputes. Elif’s expertise spans high-value litigation, public–private partnership disputes, and cross-border enforcement matters. She has advised leading companies in sectors including energy, finance, insurance, transportation, and technology. 

Translator

Zhou Hao, Master of Laws, Associate at Anli Partners. Areas of expertise: Labor Law, Dispute Resolution, ESG Compliance.