Employment Contract Rights of Foreign Employees in Turkey

Employment contract rights of foreign employees in Turkeyis determined according to the nature of the work, the type of contract and the legislation to which the employment relationship is subject, rather than the citizenship of the employee. Being a foreign employee; It does not eliminate basic labor rights such as wages, overtime, annual leave, social security and protection against dismissal. In connection with this topic Labor Law You can also review the content titled.

However, there is an additional legal element in the employment relations of foreign employees: work permit. Signing the employment contract does not replace a work permit. The foreigner must have a valid work permit or work permit exemption before starting to work.

Things to Check Before Signing the Employment Contract

The foreign employee should not sign the contract based solely on the salary amount. The work permit application and the duty, workplace, wage and working style in the employment contract must be compatible with each other.

It would be useful to clearly regulate at least the following issues in the contract:

• The employer's trade name and full address,
• Passport and identity information of the foreign employee,
• The task to be performed and the workplace to be worked,
• Date of commencement of work and work permit requirement,
• Whether the contract is for a definite or indefinite period,
• Gross wage, premium and other fringe benefits, if any,
• Payment day and bank account of the wage,
• Weekly working hours and overtime working conditions,
• Annual leave and other leave rights,
• Benefits such as accommodation, food, transportation and private health insurance,
• Conditions for termination of the employment contract.

Employment contracts with a duration of one year or more must be made in writing. Even if the written form is not mandatory in all cases in shorter-term contracts, the written preparation of the contract provides ease of proof for the foreign employee.

In Which Language Should the Contract Be Issued?

It is possible to prepare the employment contract in Turkish. However, it is useful to prepare a translation of the text in the language known to the employee so that the foreign employee can fully understand the content of the contract.

In the contract drawn up in two languages, it should be specified in which language the text will be taken as a basis in case of contradictions between the texts. If the employee signs provisions in a language they do not understand without explanation, it may lead to a dispute over wages and working conditions later.

How Does a Work Permit Affect the Employment Contract?

A temporary and dependent work permit is issued for the foreigner to work with a specific employer, in a specific job and in the notified workplace. Therefore, the foreign employee cannot transfer to the employer of his choice with his existing work permit.

In case of a change of employer, position or workplace registered in the work permit, a new work permit application may be required. The fact that the work actually performed by the foreign employee and the profession reported in the permit application are different also poses a risk for both the employee and the employer.

The fact that the work permit is temporary does not automatically mean that the employment contract is for a definite period in all cases. In order to conclude a fixed-term contract, the objective conditions sought in the Labor Law must be present.

Foreign Employee's Wage Right

The foreign employee's wage cannot be below the amount agreed in the employment contract and the applicable minimum wage. In the evaluation of the work permit, the wage criterion can be applied over certain multiples of the minimum wage according to the duty and profession.

The employer must keep the wage reported in the work permit application compatible with the premium earnings reported to the SSI. Showing a high wage in the leave file and paying the employee a lower wage or making the SSI notification over a low wage may lead to a legal dispute.

The fee must be paid once a month at the latest. When the employment contract ends, unpaid wages, premiums, overtime, leave pay and other rights that can be measured in money must be paid to the employee.

Can the Wage Be Decided in Foreign Currency?

Whether the wage can be determined in foreign currency in the contract with the foreign employee should be evaluated according to the current regulations regarding the parties to the contract and contracts in foreign currency.

If the wage is decided in foreign currency, the payment date, the exchange rate to be used, the distinction between gross and net wages, and tax and SSI deductions should be clearly written. An ambiguous provision prepared only as "2,000 dollars per month" may cause exchange rate and deduction discrepancies.

Working Time and Overtime Rights

In general, the weekly working time is a maximum of 45 hours. This period can be distributed to the working days of the week according to the working order of the workplace.

Work exceeding 45 hours per week is considered overtime. For each hour of overtime, an increase of 50 percent of the normal hourly wage is paid.

If the weekly working time is determined below 45 hours by the contract, the work exceeding the contract period but up to 45 hours is considered overtime work and the hourly wage is paid with a 25 percent increase.

If the employee wishes, he can use free time instead of increased wages. The employee's approval must be obtained for overtime work, and the total annual overtime work cannot exceed 270 hours as a rule.

Annual Paid Leave Right

A foreign worker who has worked for the same employer for at least one year, including the probationary period, is entitled to annual paid leave. The fact that a foreign employee wants to go to his country does not reduce his right to annual leave. Also Labor Law Rights of Foreign Personnel Working in International Companies should be evaluated together with the concrete case.

Annual leave periods are at least according to the length of service:

• 14 days for those from one to five years,
• 20 days for those who are more than five years and less than 15 years,
• It is 26 days for those working for 15 years or more.

The right to annual paid leave cannot be waived. When the contract expires, the wages for unused annual leaves are paid to the employee based on the wage on the expiration date.

Social Security and Insurance Right

Social security notifications must be made for a foreigner working for an employer with a valid work permit. The employer must notify the SSI of the foreign employee and pay the premiums over the actual wage.

For work permit applications made domestically, the foreigner must start working within one month from the start of the permit by fulfilling his social security obligations.

For applications from abroad, the foreigner must start working within one month from the date of entry into Turkey and in any case within six months from the start of the work permit.

If Turkey has a social security agreement signed with the foreign employee's country, different provisions may be applied in terms of temporary assignment and insurance premiums.

Can a Foreign Employee Be Paid Different Wages?

There can be no discrimination based on language, race, color, gender, religion and similar reasons in the employment relationship. The citizenship or mother tongue of the foreign employee should not be used as a basis for granting lower rights without justification than employees doing the same or equivalent job.

Due to the fact that the employee is only a foreigner:

• Employing them for lower wages,
• Failure to pay overtime,
• Not allowing annual leave to be used,
• Exclusion from premiums and fringe benefits,
• Dismissal for demanding his rights

may create a dispute in terms of labor law.

Can a Passport or Work Permit Card Stay with the Employer?

The employer can obtain the necessary copies for the application process, but should not keep the foreign employee's passport or work permit card as a means of printing.

Denying an employee access to identity and travel documents, not allowing them to leave the workplace, or forcibly withholding their wages can have serious consequences not only for labor law, but also for criminal law and anti-trafficking legislation.

What Rights Can Arise When the Employment Contract Ends?

The reason for termination and the type of contract are also important in the dismissal of foreign employees. If the employer terminates the indefinite-term contract without complying with the notice periods, notice pay may come to the fore.

An employee with at least one year of seniority may be entitled to severance pay if one of the reasons for termination specified in the law has occurred. Not every resignation or every dismissal automatically gives rise to severance pay. About the relevant aspect of the process Rights of Foreign Employees in Case of Dismissal There is detailed information on the page.

If at least 30 workers work in the workplace, the employee has at least six months of seniority and the contract is for an indefinite period, the employer may be obliged to base the termination on a valid reason.

In case of a change of employer or termination of the employment contract, the termination and new application procedures for the work permit must also be carried out.

What Can a Foreign Employee Who Has Been Unfairly Dismissed Do?

The employee who meets the conditions for reinstatement must apply to the mediator within one month from the notification of the termination notice. If an agreement cannot be reached in mediation, a lawsuit can be filed in the labor court within two weeks from the date of the last report. Labor Court Processes of Foreign Employees in Turkey its content explains other legal points related to this stage.

For employee receivables such as wages, overtime, annual leave, severance and notice pay, a mediator must be applied before filing a lawsuit.

The fact that the foreign employee is outside Turkey does not alone prevent him from claiming his rights. With the appropriate power of attorney, mediation and litigation proceedings can be followed through a lawyer.

Consequences of Unauthorized Work

Even if the employment contract is signed, it is not lawful for the foreigner to start working without a work permit or work permit exemption.

In case of unauthorized work, administrative fines may be imposed on the foreign employee and the employer. The foreigner working without permission can also be reported to the Ministry of Interior in terms of deportation procedures.

Having a residence permit does not give the right to work alone. The foreigner must check the work permit status before starting work.

Final Checklist Before Signing

• Is the employer in the contract the same as the employer in the work permit application?
• Is the task, workplace and way of working written correctly?
• Is the wage gross and net open?
• Are overtime and weekly time regulated?
• Are fringe benefits such as accommodation and transportation written?
• Can the employee understand the language and implications of the contract?
• Is the start date compatible with the work permit?
• Is it clear who will make the work permit notification in case of leaving the job?

Frequently Asked Questions

Does the employment contract of a foreign employee have to be in writing?

Employment contracts with a duration of one year or more must be made in writing. In shorter contracts, it is important to prepare a written contract in terms of proof.

Can a foreigner with a residence permit work immediately?

A residence permit alone does not give the right to work. A work permit or work permit exemption is required.

Does a foreign worker have the right to overtime?

Yes. The foreign employee within the scope of the Labor Law can also request overtime pay or free time if there are conditions.

Can a work permit be used by another employer?

Temporary and dependent work permits are issued for specific employers, jobs and workplaces. In case of a change of employer, a new permit application is required.

Can a foreign employee receive severance pay?

If there is at least one year of seniority and appropriate termination reasons specified in the law, he/she can request severance pay.

Where can an unpaid foreign employee apply?

The employee can apply to mandatory mediation by preserving his evidence, and if an agreement cannot be reached, to the labor court.

Legal information: This content has been prepared for general information purposes. The law to which the employee is subject, the type of work permit, the nature of the employment contract and the reason for leaving the job should be evaluated on the concrete file.