1. Corporate Compliance & HR Structuring
Establishing a legally sound employment relationship is the absolute first line of defense against future disputes. Relying on undocumented arrangements or globally standardized HR policies that are not localized for Turkey places employers at a severe evidentiary disadvantage.
Bilingual Employment Contracts & Probationary Periods
We draft, review, and negotiate comprehensive employment agreements that meet statutory requirements while securing commercial interests. Under Turkish law, while indefinite-term contracts do not strictly require a written form, fixed-term contracts (belirli süreli iş sözleşmesi) lasting one year or longer must be in writing. Furthermore, we ensure that probationary periods (maximum two months, or four via collective agreements) are explicitly documented to prevent early termination liabilities.
Restrictive Covenants: Non-Compete & Confidentiality
Protecting trade secrets and client relationships is paramount. We structure ironclad Non-Disclosure Agreements (NDAs) and non-compete clauses (rekabet yasağı) strictly tailored by duration, geographical scope, and subject matter to meet the narrow enforceability criteria of the Turkish Code of Obligations.
Employee Data Protection (KVKK Compliance)
The Turkish Personal Data Protection Law (KVKK) imposes stringent requirements on how employers process personnel data. We conduct HR data protection audits and draft KVKK-compliant employee monitoring policies, explicit consent forms, and clarification texts (Aydınlatma Metni).
2. Working Conditions, Compensation, and Leave Entitlements
The regulatory framework governing working hours, wage distribution, and statutory leave in Turkey is highly rigid. The standard maximum working week is set at 45 hours. Daily working time is capped at an absolute maximum of 11 hours.
- Overtime Pay: Standard overtime (over 45 hours) must be compensated at 150% of the employee’s regular hourly wage. Work on national holidays requires a 100% premium.
- Minimum Wage Compliance: Employers are strictly prohibited from paying below the periodically updated gross/net minimum wage thresholds.
- Statutory Leave: We advise on accurately tracking annual paid leave (ranging from 14 to 26 days based on seniority), maternity leave (16 weeks), paternity leave, and mandatory rest breaks.
3. Strategic Termination & Dispute Resolution
The termination of an employment contract constitutes the highest-risk area for foreign companies in Turkey. A failure to follow exact procedural requirements frequently results in costly reinstatement orders and massive severance payouts.
Dismissal Procedures and Severance Pay
We provide guidance on dismissals for “valid reason” (geçerli neden) versus immediate termination for “just cause” (haklı fesih). Our team ensures unassailable documentation to prevent reinstatement lawsuits (işe iade davası). We also meticulously calculate mandatory notice periods and Severance Pay (Kıdem Tazminatı) entitlements, factoring in the statutory maximum cap (Severance Pay Ceiling).
Mutual Termination Agreements (İkale Sözleşmesi)
To mitigate litigation risks, we frequently structure and negotiate financial settlements and mutual termination agreements, securing a comprehensive legal release (ibra) that prevents future wage or reinstatement claims.
Mandatory Mediation & Labor Litigation
Before filing a lawsuit for employee receivables, parties must exhaust the mandatory mediation process (Zorunlu Arabuluculuk). We represent clients in mediation and fiercely advocate in specialized labor courts for cases involving:
- Overtime, bonus, and premium pay claims.
- Mobbing (psychological harassment) and discrimination compensation.
- Service determination lawsuits (Hizmet Tespiti Davası) for underreported insurance records.
4. Social Security (SGK) Compliance & Dynamic Regulations
The Social Security Institution (SGK) oversees a vast framework of short-term and long-term insurance branches. Turkish social security legislation is highly dynamic—with frequent updates to premium deadlines, debt deferral thresholds (such as the recent TRY 10 Million collateral exemption), and employer incentives.
We represent corporations during hostile SGK audits and workplace inspections. Through strategic litigation, we appeal aggressive administrative fines, halt impending SGK deductions, and ensure that HR departments are instantly updated on new regulations regarding minimum labor practices in construction and tender-based workplaces.
5. Global Mobility & Foreign Workforce Management
Employing foreign nationals in Turkey involves strict coordination between the International Labor Force Law No. 6735 and local employment regulations. Nexpo Legal manages the entire lifecycle of expatriate talent acquisition:
- Work Permits: Processing definite-term, indefinite-term, and independent work permits, and managing intra-group corporate transfers.
- Foreign Healthcare (GSS): Navigating the Universal Health Insurance (GSS) system and applying bilateral social security agreements (e.g., between Turkey and EU member states) for foreign pension transactions and emergency healthcare coverage.
- Immigration Defense: Initiating administrative appeals against deportation orders or entry restriction codes (G-87, N-99) to protect expatriate personnel.
6. Occupational Health and Safety (OHS) & Workplace Accidents
Under Law No. 6331, workplace safety is strictly enforced. In the event of a workplace accident or occupational disease, employers face multi-tiered liabilities. Nexpo Legal mounts aggressive defense strategies to mitigate financial exposure in civil compensation cases (material and moral damages), defends executives against criminal negligence charges, and challenges SGK recourse lawsuits (Rücu Davaları) through rigorous expert witness testimonies.
Frequently Asked Questions
What is the standard severance pay (Kıdem Tazminatı) calculation in Turkey?
Severance pay is calculated as 30 days of the employee's last gross salary for each full year of continuous service, prorated for partial years. However, this total amount is subject to a statutory maximum cap (Severance Pay Ceiling) which is updated semi-annually by the Ministry of Treasury and Finance.
Can an employment contract be oral in Turkey?
Yes, an employment contract for an indefinite period does not strictly require a written form under Turkish law. However, fixed-term contracts lasting one year or longer must be executed in writing. Despite the allowance for oral contracts, relying on undocumented arrangements places the employer at a severe legal disadvantage during disputes.
What is a Reinstatement Lawsuit (İşe İade Davası)?
If an employer with 30 or more workers dismisses an employee (with at least six months of seniority) without a documented "valid reason," the employee can file a reinstatement lawsuit. If the court rules the termination invalid, the employer must either reinstate the worker or pay a heavy non-reinstatement compensation (4 to 8 months' salary) plus up to 4 months of back wages.
Are foreign employees required to have a work permit in Turkey?
Yes, it is strictly forbidden for a foreign national to work in Turkey without obtaining a valid work permit from the Ministry of Labor and Social Security. Employers must sponsor this permit and meet specific criteria, including paid-in capital thresholds and a mandatory ratio of Turkish citizens to foreign workers.