Labor Court Processes of Foreign Employees in Turkey

Labor court processes of foreign employees in Turkeyis carried out according to the basic rules of jurisdiction applied to Turkish employees. The employee is a foreigner; It does not prevent them from taking legal action due to unpaid salary, overtime, severance pay, notice pay, annual leave or unfair termination. In connection with this topic Labor Law You can also review the content titled.

However, additional issues such as work permit, foreign employer, wage payments made from abroad, documents in a foreign language and being outside Turkey may arise in the files of foreign employees. For this reason, before filing a lawsuit, not only the amount of the receivable, but also the applicable law and the competent court should be determined. Legal Disputes Between Foreign Employers and Employees in Turkey its content explains other legal points related to this stage.

Which Disputes Are Heard in the Labor Court?

Labor courts are responsible for examining contract and law disputes arising from the employment relationship between the employee and the employer. The most common requests applied by foreign employees are: About the relevant aspect of the process Employment Contract Rights of Foreign Employees in Turkey There is detailed information on the page.

• Unpaid or underpaid salary,
• Overtime and overtime working wages,
• Weekly holiday and general holiday receivables,
• Unused annual leave fees,
• Severance and notice pay,
• Reinstatement and invalid termination requests,
• Discrimination and bad faith compensation,
• Material and moral compensation arising from work accidents,
• Detection of uninsured or underreported work.

Procedures such as cancellation of work permit or deportation decision may not fall under the jurisdiction of the labor court, but of administrative authorities and administrative courts, depending on the nature of the transaction.

Which Path to Follow Before Going to the Labor Court?

How to Start Mandatory Mediation?

A lawsuit cannot be filed directly for claims such as wages, severance pay, notice pay, overtime and reinstatement. First, it is necessary to apply to the mediation office in charge.

The application can be made to the mediation office in the other party's place of residence or where the work is done. In places where there is no mediation office, applications are received by the court clerk office designated for this task.

The application must include the foreign employee's passport information, foreign ID number, contact address, employer's title, and known addresses. If the employer is a foreign company, the information of the branch, representative office or group company in Turkey must also be specified.

Request Items in Mediation Should Be Written Clearly

Using only a general expression such as "payment of my labor rights" in the mediation application may cause problems in the future. It would be safer to specify the claimed receivables separately.

For example, the following items can be included in the application:

• Unpaid wages,
• Overtime pay,
• Annual leave fee,
• Severance pay,
• Notice pay,
• Premium or bonus receivable,
• Discrimination compensation.

It is important that the demands to be put forward at the litigation stage and the issues discussed in mediation are compatible.

Does the Foreign Employee Have to Participate in Mediation Personally?

The foreign employee can attend the mediation meeting in person or be represented by his lawyer with a power of attorney with special authority. If the employee does not speak Turkish, interpreter support can be used.

The employee who is abroad can also follow the process through his lawyer before coming to Turkey. However, in order for the power of attorney issued abroad to be used in Turkey, apostille, consular approval or other certification process may be required, depending on the country where the document is issued.

If an Agreement is Reached in Mediation

If the parties agree, the wage, compensation, payment date and payment method should be clearly written in the minutes. If installment payment is agreed, the installment dates and the consequences of delay in payment should be regulated. Also Rights of Foreign Employees in Case of Dismissal should be evaluated together with the concrete case.

If the employee signs an agreement document prepared in a language he does not understand without explanation, it may create disputes in the future. The results of the document should be explained to the employee in a language they can understand.

The mediation agreement document in accordance with the law, signed together with the parties and their lawyers, can be considered a document in the nature of a judgment under certain conditions. If the agreement is violated, it may be possible to apply for direct enforcement.

How to File a Lawsuit If an Agreement Cannot Be Reached?

If an agreement cannot be reached in mediation, the mediator prepares a final report. When filing a lawsuit for workers' receivables and compensation, this report must be attached to the petition.

In the petition:

• Working dates,
• The task performed,
• The actual wage is
• Working hours,
• The way the employment contract is terminated,
• Claimed receivables and compensations,
• Evidence relied on

must be clearly displayed.

Simple trial procedure is applied in labor courts. After the petitions, evidence and requests of the parties are examined, the preliminary examination and investigation stages are started.

Which Labor Court is Authorized?

In general, the court of the defendant's place of residence and the labor court where the work or transaction is carried out are competent. If a labor court has not been established, the case is heard in the civil court of first instance, which acts as a labor court.

In employment relations with foreign elements, the court of the place where the workplace where the employee habitually performs his/her work is located in Turkey is also competent. In lawsuits filed by the employee against the employer, the Turkish courts where the employer and the employee reside or habitually reside can also be evaluated.

Writing a provision in the employment contract stating that only the courts of a foreign country are competent does not eliminate the right of the employee to apply to the Turkish courts granted by law in all cases.

What happens if foreign law is chosen in the contract?

Employment contracts prepared by international companies may state that British, German, American or other country law will apply.

Although the parties can choose the applicable law, this choice cannot eliminate the minimum protection that the worker has with the mandatory provisions of the country where he habitually does his job.

If the foreign employee is constantly doing his job in Turkey, mandatory protective provisions of Turkish law may come to the fore on issues such as wages, working hours, leave and termination.

Which Evidence Is Used in the Labor Court?

In the files of foreign employees, evidence can be found in various sources, as the employer keeps records in different countries. Digital records should be kept before the lawsuit is lost.

Key pieces of evidence include:

• Employment contracts in Turkish and foreign languages,
• Work permit and e-Permit records,
• Payrolls and bank transactions,
• Salary and premium payments made from abroad,
• SSI service statement,
• Shift and entry-exit records,
• Email, message, and meeting recordings,
• Termination notice and performance correspondence,
• Witnesses who know the working order.

Documents in a foreign language can be submitted to the court, but Turkish translations may be requested. The original, electronic source and translation of the document must be preserved together.

Can a Foreign Person Working Without a Work Permit File a Lawsuit?

The absence of a work permit does not automatically prevent the foreigner from making a legal application. Actual work, wages and working hours can be examined through concrete evidence.

However, unauthorized work may result in administrative sanctions and immigration law for both the foreigner and the employer. Claiming a claim in the labor court does not eliminate the past work permit violation.

Deadlines in the Reinstatement Process are Short

The foreign employee who meets the conditions for reinstatement must apply to the mediator within one month from the date of receipt of the termination notice.

If an agreement cannot be reached in mediation, a lawsuit must be filed in the labor court within two weeks from the date of the last report.

If the termination is found invalid, the employee must apply to the employer to start work within ten working days from the notification of the final decision. In order for the foreign employee to actually start working again, it may be necessary to have a valid work permit or to renew the permit procedures.

Social Security and Service Determination Cases

The foreign employee may not have been insured, his working days may have been underreported, or his real salary may not have been reflected to the SSI.

In many disputes arising from social security legislation, an application to SSI is required before filing a lawsuit. However, service determination requests regarding the determination of compulsory insurance periods are separated from this application rule.

In service determination cases, the inclusion of SSI in the file comes to the fore as well as the employer. It is important that the employee does not delay the application, as there may be special limitation periods in these cases.

Can a Foreign Employee Be Asked for a Guarantee?

Foreign real persons filing a lawsuit in Turkey may be asked to provide collateral for litigation expenses and possible damages of the other party.

However, if there is an international agreement between Turkey and the employee's country of citizenship that provides reciprocity or exemption from guarantee, the employee may be exempt from the guarantee. This issue should be examined separately according to the country of citizenship and the agreements in force.

What Happens After the Decision?

If the court decides on wages or compensation in favor of the employee, the finalization and enforcement status of the decision is examined. If the employer does not pay, enforcement proceedings with a judgment can be initiated.

An application can be made to the regional court of appeal against the decision of the court of first instance, taking into account the type of decision and the legal monetary limits. In some labor cases, the decision of the regional court of appeal may be final; Some files may go to appeal review if there are conditions.

If the employer does not have a company, bank account or other assets in Turkey, a recognition and enforcement process may be required in the relevant country in order to collect the decision abroad.

Frequently Asked Questions

Can a foreign employee file a lawsuit in a Turkish labor court?

Yes. Being a foreigner does not prevent applying to Turkish courts for labor receivables or compensation.

Is mediation mandatory before going to the labor court?

It is mandatory for wages, compensation and reinstatement claims. Work accident and occupational disease compensation is excluded from this rule.

Can a foreign employee file a lawsuit without coming to Turkey?

With a properly issued power of attorney, mediation and litigation process can be followed through a lawyer.

Is an employment contract in a foreign language evidence?

Yes. However, the court may request the Turkish translation of the document to be submitted.

Can a person who does not have a work permit file a wage lawsuit?

If he can prove his actual work, his requests can be examined. The administrative and immigration law consequences of the work permit violation also continue.

How long is the application period for reinstatement?

A mediator must be applied within one month from the notification of the termination notice. If there is no agreement, a lawsuit must be filed within two weeks from the last report.

Legal information: This content has been prepared for general information purposes. The competent and competent court, the applicable law, guarantee, mediation and litigation periods; It should be evaluated separately according to the employee's place of duty, citizenship, employer structure and type of request.