
Labor Law in Turkey for Expatriates: Protections and Obligations
In a globalized world where the international movement of talent is more common than ever, understanding a country’s labor law becomes essential for expatriates. In Turkey, the standards governing protections and obligations for expatriate workers are both attractive and complex, reflecting a mosaic of local and international legislation.
Turkish laws grant expatriates fundamental rights such as social security, but they must also navigate a legal landscape that imposes strict obligations regarding employment contracts and residence permits.
This article explores these crucial elements, offering an indispensable guide for anyone wishing to work in this fascinating and multifaceted country.
Deciphering Employment Contracts in Turkey for Expatriates
Types of Employment Contracts for Expatriates in Turkey
Contract Type | Description | Specifics for Expatriates |
---|---|---|
Indefinite Term | Contract with no time limit. | Accessible to expatriates with a valid permit. Must be in writing if >1 year. |
Fixed Term | Ends at the specified date in the contract. | Often used for temporary expatriate assignments, requires written form if ≥1 year. |
On-Call/Intermittent | Work as needed, defined by the employer. | Uncommon for expatriates, but possible under specific conditions. |
Legal Differences with Locals:
- Contract types and forms are similar, but prior work permit acquisition is mandatory for any foreign employee, unlike for Turkish citizens.
- An employer must prove that no local can fill the position before hiring a foreigner.
- Declarative obligations (social security, taxes) specifically apply to the employee’s immigration status.
Legal Protections Applicable to Expatriates
- Contract Duration
- No major distinction in maximum or minimum duration between locals and foreigners.
- For fixed-term contracts ≥1 year: obligation for a written contract specifying all conditions.
- Employer Obligations
- Ensure the employee has a valid (and renewed) permit.
- Comply with minimum wage standards and provide safe conditions.
- Register the employee with social and tax authorities.
- Unemployment Rights
- Access to the Turkish system provided all contributions have been paid during the required period; note, certain visas or specific statuses may restrict this access.
- Termination
- Identical procedure: mandatory written notice (with legal notice period varying by seniority).
- Severance pay due after one year of continuous service with the same employer.
Specific Obligations of Expatriate Employees
- Obtain and maintain their work permit (and residence) in order, in coordination with their employer.
- Comply with Turkish tax law: declaration of worldwide income if a tax resident (>183 days/year); otherwise, sometimes taxation limited to locally generated income.
- Strictly adhere to contract content related to their immigration status: any activity not authorized by their permit risks immediate termination without severance or unemployment rights.
Concrete Examples / Case Studies
A French engineer hired by an Istanbul technology company signs an indefinite-term contract. The company obtains his permit through the relevant ministry before he effectively starts the position. After two years, following an economic restructuring, he is laid off: he then benefits from the same notice period as a Turk and severance proportional to his seniority—provided his contributions were duly paid during his employment.
A foreign teacher hired on an annual fixed-term contract at an international school sees her contract renewed each year: each renewal also requires extension or reissuance of the corresponding permit.
Useful Resources in Case of Dispute or Legal Question
- Turkish Ministry of Labor and Social Security (Çalışma ve Sosyal Güvenlik Bakanlığı)
- Local Bar Association (Barolar Birliği) – free consultation sometimes possible
- Specialized firms like Karanfiloglu Attorneys
- International associations such as IOM or foreign consular chambers
For any complex procedure or labor-related dispute, it is highly recommended that expatriates in Turkey quickly consult a specialized lawyer.
Good to Know:
In Turkey, expatriates can sign various types of employment contracts, such as fixed-term contracts, often preferred by employers, and indefinite-term contracts, which offer more security. Unlike locals, expatriates must have a valid work permit, often the employer’s responsibility. Legal protections include termination notice and unemployment rights, although these rights may vary; for example, expatriates generally have less protection against wrongful termination. Employers must ensure compliance with legal working hours and safety conditions. Tax-wise, expatriates must navigate between international tax treaties and local legislation to avoid double taxation. A concrete example shows that an expatriate laid off mid-contract successfully obtained compensation through mediation with their employer, supported by a local association specialized in labor law. In case of dispute, consulting law firms specialized in international labor law, or organizations like the Turkish Ombudsman, can be very helpful in understanding one’s rights and obligations.
Understanding Minimum Wage and Compensation in Turkey
The gross monthly minimum wage in Turkey is 26,005.50 TRY as of January 1, 2025, equating to a net wage of 22,104.67 TRY. This increase represents approximately a 30% rise compared to the previous year, when it was set at 20,002.50 TRY gross in 2024 and 17,002 TRY in 2023.
Year | Gross Monthly Minimum Wage (TRY) | Net Monthly Minimum Wage (TRY) | Annual Increase (%) |
---|---|---|---|
2023 | 17,002 | – | +49 |
2024 | 20,002.50 | – | +18 |
2025 | 26,005.50 | 22,104.67 | +30 |
Determination and Adjustment of Minimum Wage:
- The minimum wage is set by the Minimum Wage Determination Commission, composed of government, employer, and employee representatives.
- It is generally revised annually, often in response to inflation and the national economic situation.
- Decisions are made after several meetings but may be subject to union challenges.
Sectoral and Regional Differences:
- The legal minimum wage applies uniformly across all of Turkey and to all sectors, without sectoral or regional distinction.
- However, in practice, the cost of living varies significantly between Istanbul, Ankara, Izmir, and rural areas, impacting employees’ purchasing power but not the legal minimum wage amount.
- Some sectors negotiate collective agreements offering wages above the legal minimum, particularly in industry and the financial sector.
Contract Types and Standard Working Hours:
- Turkish employment contracts can be fixed-term or indefinite-term, full-time or part-time.
- The legal working duration is 45 hours per week, spread over a maximum of 6 days.
- Overtime is paid with a legal premium.
Legal Obligations of Employers:
- Every employer must pay at least the legal minimum wage to their employees, regardless of nationality.
- Expatriates employed under a local contract benefit from the same rights as Turkish workers regarding minimum wage.
- Employers must comply with social security contributions and mandatory payroll deductions.
Exceptions and Derogations:
- Certain categories, such as apprentices, interns, and seasonal workers, may benefit from derogatory regimes with remuneration below the legal minimum.
- Very small businesses or associations may, under strict conditions, apply special arrangements.
Legal Protections Against Wage Discrimination:
- Turkish legislation prohibits any wage discrimination based on gender, origin, religion, or any other personal characteristic.
- In case of dispute, employees can appeal to the competent courts to assert their rights.
Boxed Summary:
2025 Minimum Wage in Turkey:
- Gross Monthly: 26,005.50 TRY
- Net Monthly: 22,104.67 TRY
- Annual revaluation based on inflation and national commission decisions
- Uniform application, protections against discrimination, exceptions for apprentices and interns
Good to Know:
The minimum wage in Turkey, currently set at 11,402 Turkish lira (approximately 400 USD) per month since July 2023, is re-evaluated semiannually by the national commission, taking into account economic factors like inflation. Historically, this amount has undergone several significant increases in recent years due to economic fluctuations and currency depreciation. Disparities may exist between industrial sectors and regionally, influencing compensation. Employment contracts in Turkey are often signed for 45 hours weekly; however, reduced hours may apply, proportionally impacting salary. Turkish employers have strict obligations to respect the minimum wage, including for expatriates, who benefit from the same legal protections against wage discrimination. Exceptions or derogations generally apply to startups or SMEs, particularly concerning young employees or apprentices, but these cases are regulated to prevent abuse.
Paid Leave and Other Benefits for Expatriates
Paid Leave Provided by Turkish Legislation for Expatriates:
Leave Type | Minimum Duration | Eligibility Conditions |
---|---|---|
Annual Paid Leave | 14 days (less than 5 years) 20 days (5 to 15 years) 26 days (>15 years) | 1 year of seniority with the same employer |
Sick Leave | Up to 1 week paid, possible unpaid extension Variable duration based on seniority for prolonged absence | Presentation of a medical certificate |
Maternity Leave | Generally up to 16 weeks (8 before and 8 after childbirth) | Pregnant employees, under medical conditions |
Paternity Leave | Approximately 5 paid days | Male employees upon the birth of a child |
Legal Holidays | Between 12 and 14 days/year according to the official Turkish calendar (national and religious holidays) | All employees, including expatriates |
Other Authorized Absences:
Leave in case of family death: generally up to 3 paid days.
Additional Benefits for Expatriates:
- Private health insurance (often superior to the public system)
- Housing allowances
- Coverage of travel expenses or transportation allowances
- School coverage for children
- Legal or administrative assistance
Comparison with Local Workers’ Benefits:
Benefit | Expatriates | Local Workers |
---|---|---|
Health Insurance | Often covered at a higher level; facilitated access to private hospitals. | Standard public insurance; private insurance sometimes offered. |
Housing | Allowance or housing provided in some cases. | Rarely covered by the employer. |
Transportation | Specific allowances or vehicle provision possible. | Coverage limited to actual professional expenses. |
Local workers generally benefit from the same legal minimum number of annual leave days, but expatriates may obtain negotiable supplements in their contract.
Eligibility Conditions and Procedures:
To benefit from annual leave, one must justify at least one full year with the same employer.
Requests are made in writing to the HR department, often several weeks before the desired period.
The employee must provide a medical certificate for any sick leave, which cannot exceed the duration provided by the Labor Code.
Additional benefits are defined in the individual or collective contract; they sometimes require specific administrative steps upon arrival in the country (e.g., opening a health insurance policy).
List of Typical Steps:
- Check seniority and acquired rights
- Inform the employer officially
- Provide supporting documents if necessary
- Respect internal deadlines set by the company
In Turkey, both local workers and expatriates benefit from strong protection regarding their rights to legal leave and certain essential social benefits.
Good to Know:
In Turkey, expatriates benefit from paid annual leave similar to local workers, generally 14 working days after one year of seniority, increasing with experience. Maternity leave extends to 16 weeks, while paternity leave is five days. Expatriates are entitled to the 14 Turkish national holidays. In addition to paid leave, expatriates may receive additional benefits such as private health insurance and housing or transportation allowances, often more generous than those for local workers to attract and retain international talent. To benefit from leave and benefits, expatriates must check the specific conditions of their employment contract and those dictated by Turkish legislation, ensuring compliance with required administrative and notification procedures.
Social Protection and Legal Obligations in Turkey
Main Components of Social Protection in Turkey:
- Health Insurance: Coverage of medical care, hospitalization, and medication, accessible via the Sosyal Güvenlik Kurumu (SGK). Since 2012, universal health insurance also applies to foreigners residing for more than one year, provided they are not already covered by their country of origin.
- Unemployment Insurance: Financial benefits in case of job loss for employees who have contributed to the scheme.
- Pension Benefits: Pension paid to workers (including expatriates) who have contributed for a sufficient period.
- Work Accidents and Occupational Diseases: Compensation and coverage for victims of work-related accidents or diseases.
Synthetic Table of Main Protections
Protection | Beneficiaries | Access Conditions | Expatriate Specificity |
---|---|---|---|
Health Insurance | Employees, expatriates | Residence, contribution, 1 year of stay for foreigners | Possible coverage via SGK, exemption if bilateral agreement |
Unemployment Insurance | Contributing employees | Involuntary job loss | Same rules as for nationals |
Pension | Contributing workers | Number of years of contribution | Similar acquired rights |
Accidents/Diseases | All employees | Work accident or occupational disease | Same as nationals, via SGK |
Legal Obligations of Employers Regarding Expatriates’ Social Security:
- Mandatory affiliation to SGK for all employees, including foreign workers employed locally.
- Contributions: The employer must deduct and pay social security contributions (approximately 21.5% of gross salary), the employee also contributes (approximately 15%).
- Status Verification: If an expatriate is already affiliated with the social security of their country of origin and a bilateral agreement exists with Turkey, they may be exempt from local contributions.
List of Obligations for Employers:
- Register the expatriate’s hire with SGK.
- Pay social security contributions within the allotted deadlines.
- Ensure the expatriate has valid health insurance (public or private depending on status).
- Respect specific conditions of bilateral agreements, if applicable.
Eligibility Conditions for Foreign Workers:
- Expatriates holding a local contract and residing in Turkey benefit from the same access to SGK as nationals.
- Exemption possible if the expatriate remains affiliated with the social security of their country of origin under a bilateral convention.
- To benefit from universal health insurance, one must reside in Turkey for at least one year and not already be covered by the country of origin.
Specificities for Expatriates:
- Some expatriates must subscribe to private health insurance to obtain a work visa.
- Retired expatriates must annually justify their situation to their pension organization.
- Family benefits are limited, except for civil servants.
Role of Governmental Organizations:
- SGK (Sosyal Güvenlik Kurumu): Management, implementation, and control of compliance with social obligations, collection of contributions, management of rights and benefits.
- Ministry of Labor and Social Security: General supervision, steering of reforms and regulatory compliance.
- Sanctions in case of non-compliance: Administrative fines, contribution reassessments, or even suspension of the right to employ foreigners in case of serious breaches.
Recent Examples of Initiatives or Reforms:
- Extension of universal health insurance to foreigners since 2012, with mandatory enrollment for residents of more than one year not covered by their country of origin.
- Modernization of SGK and improvement of access to public healthcare, particularly for expatriates, as part of health sector reform.
- Digitization of administrative procedures for affiliation and tracking of social rights, facilitating expatriates’ integration into the Turkish system.
Key Points to Remember:
- Affiliation to Turkish social security (SGK) is in principle mandatory for all employees, including locally employed expatriates.
- Exemptions exist in case of bilateral agreement with the country of origin.
- Employers are responsible for declaration and payment of contributions.
- In case of non-compliance, financial and administrative sanctions may apply.
Good to Know:
In Turkey, social protection includes universal health insurance, unemployment insurance, and pension benefits, managed by the Social Security Institution (SGK). Employers must register their expatriate employees with SGK and pay the corresponding social security contributions. Foreign workers can benefit from these protections upon obtaining a work permit and complying with legal residence requirements, although access conditions may differ for specific benefits, particularly in case of unemployment. Employers must also ensure that contributions comply with current rates to avoid penalties. Recent reforms, such as the extension of inclusive healthcare to expatriates, underscore the growing importance of these protections, while regular inspections verify compliance with legal obligations. In case of non-compliance, companies face severe fines, highlighting the importance of compliance to avoid disputes or business interruptions.
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