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1. What types of employment contracts are recognized under Turkish law?Turkish Labor Law recognizes the following kinds of employment contracts, among others: Indefinite-term contracts: The default for ongoing roles. Fixed-term contracts: For temporary work or specific projects. Part-time and full-time contracts: Dependent on agreed hours worked. Trial period contracts: Maximum of two months, extendable up to four months with collective agreements. Contracts for a period longer than one year must be in written form to be legally valid.
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2. What are the regular working hours in Turkey?The standard workweek is 45 hours, normally distributed evenly over six days. Employers and employees may agree to distribute these hours differently so long as they do not exceed: 11 hours per day. 45 hours per week on average. Beyond this limit, overtime needs to be compensated according to law.
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3. How is overtime compensated in Turkey?Overtime is paid at premium rates: 150% of the regular hourly wage for hours exceeding 45 per week. Employees can opt for time off instead of monetary compensation. For every overtime hour worked, employees get 1.5 hours off.
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4. What are the holiday entitlements for employees in Turkey?In Turkey, there is an entitlement to: Paid Annual Leave (inclusive of service length): 14 days for 1–5 years; 20 days for 5–15 years; 26 days for 15+ years. Public Holidays: 15 days per annum for national and religious events. Facilities for unpaid leave due to personal or family emergencies may be given by the employer as per discretion.
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5. What is the legal basis for termination of employment?Termination must be in accordance with Turkish labor laws, including the following: Notice periods: Depending on the length of employment: <6 months: 2 weeks. 6–18 months: 4 weeks. 18–36 months: 6 weeks. 36 months: 8 weeks. Severance pay: one month's gross salary for each year of continuous service, with a maximum statutorily capped amount; summary dismissal for cause needs effective and documented reasons on issues like misconduct or health capability.
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6. What are the most common legal disputes in Turkish employment law?The following claims arise frequently for foreign employers: Unfair dismissal: Claims based on improper procedures at the time of termination. Overtime claims: Claims based on non-payment or insufficient calculation of overtime. Discrimination: Claims based on unequal treatment because of gender, race, religion, etc. Data protection breaches: Breaches of the Turkish Personal Data Protection Law (KVKK).
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7. How does Turkish law protect against workplace discrimination?Discrimination based on race, gender, religion, political views, or union membership is strictly prohibited. Employers must: Ensure equal pay for equal work. Treat part-time and fixed-term employees equally compared to their full-time and indefinite-term counterparts. Refrain from discriminatory practices during recruitment, employment, and termination.
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8. What is an employer's obligation regarding social security and payroll?Employers must: Register all employees with the Social Security Institution (SGK) before starting work. Pay social security contributions amounting to around 22.5% of gross wages. Deduct 15% from the employees' wage for their own social security contribution. Keep complete and correct payroll records for taxation and compliance purposes.
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9. What are the main requirements concerning occupational health and safety?Employers must comply with Turkey’s Occupational Health and Safety Law, which includes: Conducting workplace risk assessments. Providing safety equipment and training. Appointing workplace physicians and safety officers for organisations with higher risks or larger workforces.
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10. How is employee data protected under Turkish law?The Personal Data Protection Law (KVKK) regulates employee data protection. Employers must: Have explicit consent for collecting and processing data. Take strict measures for securing personal data. Limit access to sensitive information. Non-compliance can result in significant administrative fines and legal liability.
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11. How can foreign employers minimize legal risks in Turkey?In mitigating risks, foreign employers should: Ensure all employment contracts comply with Turkish labour laws. Keep detailed personnel files regarding contracts, performance review documents, and termination paperwork. Engage local legal experts to stay updated on regulatory changes and ensure compliance.
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12. What are the procedures for resolving employment disputes in Turkey?Disputes are first referred to mediation, which is compulsory before litigation. If mediation fails, claims can go to labour courts. Employers should document all employment-related decisions and maintain comprehensive records to strengthen their legal defence.
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13. What are the penalties for non-compliance with Turkish employment laws?Non-compliance may result in: Administrative fines in case of violation of health and safety legislation. Financial liability in case of wrongful termination includes compensation for severance, notice, and damages. Reputation damage on account of discrimination or data protection violation.
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14. Why is local expertise important for foreign investors?Turkish labor law is singular and highly regulated, requiring detailed compliance. Local legal expertise ensures that employment practices are adapted to cultural norms and in line with legal standards, minimizing operational risks and disputes.
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15. In what ways can CCS Law advise foreign investors on Turkish Employment Law?The legal services provided by CCS Law include but are not limited to drafting and reviewing of employment contracts, advising compliance with Turkish Labour Laws, representation before dispute resolution and litigation, and in-house training regarding workplace policies and best practices for employers.
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