Employment Law

In employment disputes, two things determine the outcome: how the termination was carried out and how the claims are documented. Our firm handles termination, reinstatement and employment-related claims proceedings on behalf of both employees and employers.

Below you will find how the termination and reinstatement process works, which claim arises under which conditions, and answers to frequently asked questions.

How does the termination and reinstatement process work?

• Termination in writing, with reasons. When terminating an employment contract of indefinite duration, the employer must give notice in writing and state the reason clearly and precisely. A termination made without stating a reason is deemed invalid.
• Hearing the employee's defence. In terminations based on the employee's conduct or performance, the employment contract cannot be terminated without first hearing the employee's defence.
• Mediation. To claim reinstatement, it is mandatory to apply to a mediator within one month of service of the notice of termination.
• Action. If mediation ends without agreement, a reinstatement action (işe iade davası) is brought before the labour court within two weeks of the date on which the final mediation report was drawn up.
• Return to work. Once the reinstatement judgment becomes final, the employee applies to the employer within ten working days. If the employer does not take the employee back to work within one month, job-security compensation (iş güvencesi tazminatı) and pay for the idle period come into play.

What conditions apply to a reinstatement action?

To benefit from the job-security provisions, the conditions listed in the law must all be met at the date of termination (art. 18 of Labour Law No. 4857 (İş K.)).

• At least thirty employees at the workplace. The employer must employ a total of at least thirty employees in its workplaces in the same line of business.
• At least six months' length of service. The employee must have at least six months' length of service with the same employer.
• Contract of indefinite duration. Because fixed-term employment contracts end automatically when their term expires, they are, as a rule, not covered by job security.
• Not being an employer's representative. Employer's representatives who manage the business as a whole and have the authority to hire and dismiss employees are excluded.

If the court rules that the termination is invalid and the employee is not taken back to work, job-security compensation of at least four and at most eight months' wages, pay for the idle period of up to four months and the employee's other entitlements are paid (İş K. art. 21). For time limits and conditions, see our article How to bring a reinstatement action: time limits and conditions (in Turkish).

How do employment-related claims arise?

• Severance pay (kıdem tazminatı). At least one year's length of service and one of the grounds for termination listed in the law are required; the calculation is based on thirty days' gross wage including regular benefits (giydirilmiş brüt ücret) for each full year of service.
• Compensation in lieu of notice (ihbar tazminatı). This arises where the contract is terminated without observing the notice periods; the periods range from two to eight weeks depending on length of service.
• Overtime pay. Work exceeding forty-five hours a week is paid at fifty per cent above the normal hourly wage.
• Annual leave pay. Unused annual leave is paid on the basis of the last wage when the employment contract ends.
• Pay for the weekly rest day, national holidays and public holidays. If work was performed on these days, the relevant pay is calculated separately.
• Limitation period. The limitation period for claims for severance pay, compensation in lieu of notice, bad-faith termination compensation and annual leave pay is five years; the five-year period also applies to claims for wages, overtime pay and holiday pay.

In which cases is severance pay due?

Severance pay is not paid every time an employment contract ends, but only in the cases listed in the law (art. 14 of Labour Law No. 1475). The ground on which, and the party by whom, the contract was terminated is therefore decisive.

• Termination of the contract by the employer for a reason other than conduct contrary to the rules of morality and good faith
• Termination of the contract by the employee for just cause, such as health reasons, conduct of the employer contrary to the rules of morality and good faith, or compelling reasons (İş K. art. 24)
• Leaving for compulsory military service
• Leaving in order to receive an old-age, retirement or invalidity pension
• A female employee leaving of her own accord within one year of the date of her marriage
• The death of the employee

As a rule, an employee who resigns cannot receive severance pay; however, if there is just cause behind the resignation, such as non-payment of wages, failure to pay for overtime or underpayment of social insurance premiums, the termination may be deemed to have been made for just cause. It is important for this cause to be stated clearly in the notice of termination. For details, see our article What are the rights of a dismissed employee? (2026 update) (in Turkish).

Mobbing at the workplace and termination for just cause

Workplace bullying (mobbing) manifests itself through persistent conduct such as the systematic exclusion or humiliation of an employee or pointless changes to their duties. The employer is obliged to protect the employee's personality and to take the measures necessary to ensure that the employee is not subjected to psychological and sexual harassment at the workplace (art. 417 of the Turkish Code of Obligations (TBK)).

• An employee subjected to mobbing may terminate the employment contract immediately for just cause and claim severance pay.
• Compensation for non-pecuniary damage may also be claimed for the violation of personality rights.
• As evidence, e-mail and message records, witness statements, letters changing the employee's duties and medical reports are assessed together.

For details on the subject, see our article Mobbing at the workplace and termination by the employee for just cause (in Turkish).

Which time limits are important in occupational accidents and occupational diseases?

Occupational accident and occupational disease files proceed along three separate tracks: the process before the Social Security Institution (SGK), the compensation action and, often, a criminal investigation.

• SGK notification. The employer is obliged to notify the Social Security Institution of an occupational accident within three working days following the accident (art. 13 of Social Insurance and General Health Insurance Law No. 5510).
• Examination of fault. The scope of compensation is determined by the fault ratios that the court-appointed expert in occupational safety establishes for the employer, the employee and third parties; in this process, the obligations under Occupational Health and Safety Law No. 6331 are taken as the basis.
• Compensation claims. The employee may claim compensation for pecuniary and non-pecuniary damage, and the relatives of an employee who has died may claim compensation for loss of financial support and for non-pecuniary damage.
• Occupational disease. For an illness to be regarded as an occupational disease, the causal link between work-related exposure and the illness, and the statutory time limits, must be assessed.

For the time limits, see our articles Time limits after an occupational accident: SGK notification and the limitation period for compensation (in Turkish) and Occupational disease: the liability period and the exposure period (in Turkish), and for the criminal-proceedings aspect of occupational accidents, see our Criminal Law page.

What work do we carry out?

• Preparing notices of termination, formal notices served through a notary (ihtarname) and written records, and managing the termination process
• Conducting the reinstatement mediation process and reinstatement actions
• Pursuing actions for severance pay, compensation in lieu of notice and bad-faith termination compensation, and other employment-related claims
• Having claims for overtime, annual leave, weekly rest days and public holidays calculated and asserting them
• Conducting actions for pecuniary and non-pecuniary damages in occupational accident and occupational disease files
• Drafting non-compete and confidentiality agreements and pursuing disputes arising from these agreements
• Assessing transfers of workplaces, subcontracting relationships and allegations of sham arrangements
• Bringing actions against the Social Security Institution for the determination of insured service (hizmet tespiti)
• Conducting disciplinary procedures on the employer side and drafting employment contracts

Types of cases we handle

• Termination disputes: reinstatement, invalid termination, termination for just cause, validity of mutual termination agreements (ikale)
• Compensation claims: severance pay, compensation in lieu of notice, bad-faith termination compensation and compensation for breach of the principle of equal treatment
• Wages and additional payments: unpaid wages, overtime, weekly rest days, public holidays, incentive pay and bonuses
• Occupational accidents and occupational diseases: compensation for pecuniary and non-pecuniary damage, loss of financial support, disputes over fault and recourse
• Social insurance disputes: determination of insured service, and disputes over missing days and earnings subject to premiums
• Contractual disputes: non-compete, confidentiality, contractual penalty and training cost claims

Which authorities hear employment disputes on Istanbul's Anatolian side, in Kocaeli and in Sakarya?

For claims for employment receivables and compensation, applying to a mediator before bringing an action is a precondition for the action (mandatory pre-trial mediation). The competent court, on the other hand, is the court of the defendant's domicile or of the place where the work is performed; for this reason, the location of the factory, construction site or branch where the employee actually worked is decisive. As the action for an unquantified claim (belirsiz alacak davası) has been abolished with effect from 31 July 2026, in files where the amount of the claim cannot be determined when the action is brought, the route of a partial action followed by an increase of the claim comes into consideration.

Istanbul's Anatolian (Asian) side

Files relating to workplaces in districts such as Kadıköy, Ataşehir, Ümraniye, Kartal and Pendik are, as a rule, heard by the labour courts at the Istanbul Anatolian Courthouse; appellate review (istinaf) of their decisions is carried out by the Istanbul Regional Court of Appeal. In this region, overtime and termination disputes in the services, retail and logistics sectors are frequently encountered types of file.

Kocaeli and Gebze

The files of employees working in the organised industrial zones in Gebze, Dilovası and Çayırova are mainly heard by the labour courts at the Gebze Courthouse, while files from İzmit and its surroundings are heard at the Kocaeli Courthouse. Because of the concentration of production, disputes concerning occupational accidents, overtime arising from shift work and subcontracting relationships stand out in this region.

Sakarya

Disputes relating to workplaces located in the organised industrial zones in Sakarya are heard by the labour courts at the Sakarya Courthouse. Appeals against decisions of the labour courts in Kocaeli and Sakarya are lodged with the Sakarya Regional Court of Appeal.

• The mediation offices at the courthouses for mandatory mediation applications
• The provincial directorates of the Social Security Institution in disputes concerning the determination of insured service and premiums

Related practice areas

• Enforcement and Insolvency Law: collecting employment-related receivables through enforcement proceedings
• Intellectual Property Law: employee inventions and works created in the course of employment

To send us information about a termination, employment-related claim or occupational accident matter of yours on Istanbul's Anatolian side, in Kocaeli or in Sakarya, you can use our contact page or make an appointment at our office in Kadıköy.

The information on this page is general in nature and does not replace a legal opinion on a specific dispute.