Turkey: Employee rights

Original and updating authors: Batuhan Sahmay and Özlem Özdemir

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Summary

• Statutory normal weekly working time is generally 45 hours, and various rules govern matters such as working time flexibility, overtime and overtime pay (or time off in lieu), and night work. (See Hours of work)
• Employers must grant employees minimum daily rest breaks of between 15 and 60 minutes, dependent on daily working time, a daily rest period of at least 12 consecutive hours, and a weekly rest day. (See Rest breaks and rest periods)
• Employees' statutory weekly rest day must generally fall on a Sunday, unless the parties agree otherwise. (See Sunday work)
• Employees who have completed one year of service with their employer are entitled to paid annual leave, with a minimum statutory entitlement of between 14 and 26 days, depending on length of service. (See Holiday and holiday pay)
• Pregnant employees are generally obliged to take 16 weeks of maternity leave (during which they usually receive a state benefit) and have various other entitlements, as do employees who have recently given birth. (See Maternity and pregnancy rights)
• Employees with children have various entitlements to leave. (See Parental leave)
• A male employee whose spouse has given birth is entitled to five days of paid leave. (See Paternity leave)
• The parent of a child with a severe disability or a chronic disease is entitled to take up to 10 days of paid leave per year to care for the child. (See Carer's leave)
• Employees are entitled to take short periods of paid leave for reasons such as marriage and bereavement. (See Other leave)
• Unless there are essential reasons for differential treatment, an employer must not discriminate between full-time and part-time employees. (See Part-time workers)
• Unless there are essential reasons for differential treatment, an employer must not discriminate between employees on open-ended employment contracts and employees on fixed-term employment contracts. (See Fixed-term workers)
• Employers have various obligations in relation to remote employees. (See Remote working)
• If, owing to a legal transaction, an establishment or part thereof is transferred to another owner, employment contracts that are in existence on the date of the transfer are transferred from the old owner (the transferor) to the new owner (the transferee) with all the rights and obligations involved. (See Transfers of undertakings)
• In the event of an employer's insolvency, employees' pay-related claims are given priority in the distribution of its assets and a public Wages Guarantee Fund covers certain employees' claims for up to three months' wages. (See Insolvency of employer)
• There is no statutory regulation of disciplinary procedures, except disciplinary dismissal and deductions from wages. (See Disciplinary and grievance procedures)
• Employment legislation requires employers to use information that they have obtained about employees with integrity and in accordance with the law. (See Data protection and privacy)