Rights of Foreign Employees in Case of Dismissal

Rights of foreign employees in case of dismissalis determined according to the basic labor law rules applicable to Turkish employees. The employee is a foreigner; It does not automatically eliminate the right to wages, severance pay, notice pay, annual leave or reinstatement. In connection with this topic Labor Law You can also review the content titled.

However, for the foreign employee, dismissal has a second consequence: the termination of the employer's work permit may affect their employment and legal stay status in Turkey. For this reason, labor receivables and work permit procedures should be followed at the same time.

First Things to Do for a Dismissed Foreign Employee

When the termination notice is received, the resignation letter, blank paper, general release or document stating that all rights have been received should not be signed immediately. First of all, it should be understood for what reason the employer terminated the contract. About the relevant aspect of the process Work Accident Rights of Foreign Nationals in Turkey There is detailed information on the page.

The employee must make copies of the following documents:

Written termination notice,
Employment contract and work permit document,
Payrolls and bank account movements,
SSI service statement and job termination record,
Shift, overtime and leave records,
E-mail and message correspondence with the employer,
Performance evaluations and defense requests, if any.

The SSI termination code should also be checked. The wrong code can cause problems in terms of applying for unemployment benefits and evaluating the reason for dismissal.

Does the Employer Have to Explain the Reason for Termination?

In indefinite-term contracts within the scope of job security, the employer must make the termination notice in writing and state the reason for termination clearly and precisely.

If the employee's behavior or efficiency is cited as a reason, as a rule, the employee's defense must be taken before termination. Situations where the employer has the right to terminate immediately for just cause are separate from this evaluation.

Abstract explanations such as "your work permit will no longer be used", "company decision" or "we do not continue with foreign personnel" do not constitute valid grounds for termination in all cases.

Right to Notice Pay

If the indefinite-term employment contract is terminated without complying with the notice period, notice pay may arise. The minimum notice periods to be applied according to the seniority of the employee are as follows:

Two weeks with less than six months of seniority,
Four weeks between six months and a year and a half,
Six weeks between one and a half years and three years,
Eight weeks in seniority of more than three years.

The employer can continue to work during this period or terminate the contract immediately by paying the fee for the period in advance.

In cases where the employer makes a justified termination due to violation of the rules of morality and goodwill, notice pay may not arise. However, the reason for termination must be real and provable.

Foreign Employee's Right to Severance Pay

A foreign employee who has worked for the same employer for at least one year can claim severance pay if the contract is terminated for a reason that gives rise to severance pay.

The employer's dismissal of the employee for economic reasons, downsizing, closure of the workplace, performance or any other valid reason may generally give rise to the right to severance pay. Only the justified termination of the employer based on the violation of the rules of morality and goodwill specified in the law can eliminate this right.

In the calculation of severance pay, the last dressed gross wage of the employee is taken as basis. Regular food, travel, housing, permanent benefits that can be measured in premiums or money can also be taken into account according to their conditions.

Other Labor Receivables to be Paid

Unpaid labor receivables arising with the termination of the employment contract, regardless of the reason for termination, should be calculated.

The foreign employee can make the following requests:

Unpaid salaries and premiums,
Overtime wages,
Weekend wages,
National holiday and general holiday receivables,
Unused annual leave fees,
Food, housing or transportation rights agreed in the contract,
Severance and notice pay, if any.

Unused annual leave is paid over the wage on the date of termination, regardless of the reason for the termination of the employment contract.

Can a Foreign Worker Who Has Been Unfairly Dismissed Request Reinstatement?

If the foreign employee meets the conditions, he can request reinstatement. For this, at least 30 workers must work in the workplace, the employee must have at least six months of seniority, and the contract must be for an indefinite period.

From the date the termination notice reaches the employee within a month A mandatory mediator should be applied. If an agreement cannot be reached in mediation, from the date of the last report in two weeks A lawsuit can be filed in the labor court.

If the termination is found invalid, it may be decided to reinstate the employee and to pay a maximum of four months' wages and other rights for the idle period. If the employer does not start the employee on time, non-reinstatement compensation also comes to the fore.

In order for the foreigner to start working again, he must have a valid work permit or complete the new permit procedures.

What Can Be Done in Case of Discriminatory Dismissal?

Dismissal of an employee solely because of the fact that they are foreign, language, race, ethnicity, religion or similar reasons may be contrary to the prohibition of discrimination.

While Turkish employees doing the same job are retained, only foreign personnel are dismissed without justification may lead to a claim of discrimination according to the circumstances of the concrete case. Labor Law Rights of Foreign Personnel Working in International Companies its content explains other legal points related to this stage.

The employee can claim discrimination compensation as well as the wages and other rights they have been deprived of. If the termination is also based on bad faith or union reasons, different compensation provisions may also come to the fore. Also Employment Contract Rights of Foreign Employees in Turkey should be evaluated together with the concrete case.

Can Unemployment Benefit Be Received?

A foreign employee who pays unemployment insurance premiums in Turkey can apply for unemployment benefits if they also meet the other conditions.

The basic conditions are:

To be unemployed against one's own will and fault,
To be subject to a service contract for the last 120 days before leaving the job,
To have paid unemployment insurance premiums for at least 600 days in the last three years,
To apply to İŞKUR within 30 days after dismissal.

If the application is made late, the delayed period, except for force majeure, can be deducted from the total payment period to which the right is earned.

How Does Dismissal Affect Work Permit?

A work permit for a specific employer cannot be used with the new employer when the employment relationship ends. The employer must terminate the leave through the e-Permit system.

The termination of the work permit or work covered by the work permit must be notified to the relevant authorities within 15 days. SSI notice of termination must also be made by the employer within the legal period.

If the foreign employee will work for another employer, the new employer must apply for a work permit. Starting to work without a new permit can be considered unauthorized work.

Does Dismissal Affect the Right to Stay in Turkey?

A valid work permit also replaces a residence permit. The termination or cancellation of a work permit also affects the foreigner's right to legal stay based on this permit.

After being dismissed, the foreign employee must check the status of his work permit and whether he has any other right of residence without delay. If a new work permit or residence permit suitable for the situation is not obtained, a violation of legal stay may occur.

Dismissal alone does not mean an automatic deportation decision. However, failure to maintain the legal stay status after the expiry of the work permit may have separate consequences in terms of immigration law.

Mediation and Litigation Process

It is obligatory to apply to a mediator before filing a lawsuit for employee receivables such as wages, overtime, annual leave, severance and notice pay.

Even if the foreign employee has left Turkey, he can follow the mediation and litigation process through his lawyer with the appropriate power of attorney. Employment contract, work permit, bank movements, SSI records and correspondence can be used as evidence.

Frequently Asked Questions

Can a foreign employee receive severance pay?

Yes. If there is at least one year of seniority and a reason for termination that gives rise to severance pay, the foreign employee can also request compensation.

Can the employer dismiss the employee without compensation on the grounds of work permit?

In any case, no. The status of the work permit, the reason for termination and compensation conditions should be evaluated separately.

Can a dismissed foreigner work for another employer immediately?

The existing leave of the employer cannot be used in the new workplace; a new work permit must be obtained.

How long is the period for applying for reinstatement?

A mediator must be applied within one month from the notification of the termination notice.

Is unused leave paid?

Yes. Unused annual leave must be paid regardless of the reason for the termination of the contract.

Does the right of residence automatically continue when dismissed?

The right of residence linked to the work permit may not continue when the permit expires. The new employment or residence status must be arranged without delay.

Legal information: This content has been prepared for general information purposes. Compensation, reinstatement and legal stay; It should be evaluated according to the type of employment contract, the reason for termination, seniority, work permit and other residence rights of the foreigner.