Foreign employees in Antalya
Hotels, marinas, estate agencies and international schools in Antalya often employ foreign staff. Turkish employment law attaches to the employment relationship itself, so rules on wages, overtime and severance apply to foreign employees in the same way as to Turkish nationals.
Disputes frequently arise where the work permit, social security registration or declared salary does not reflect the actual arrangement. Periods of unregistered work can be proven in court, but the immigration consequences should be assessed at the same time.
Manner of termination and resulting entitlements
Severance pay (kıdem tazminatı) requires at least one year of service and a qualifying termination: dismissal without just cause, resignation for just cause such as unpaid wages, or departure on meeting pension conditions. An ordinary resignation does not normally qualify.
Notice pay (ihbar tazminatı) is due when an employer ends an indefinite contract without observing the statutory notice period, which ranges from two to eight weeks depending on length of service. An employer dismissing for serious misconduct must do so within six working days of learning of the conduct.
Unpaid wages
An employee whose wages remain unpaid for twenty days after the payday, absent force majeure, may refuse to work. This is not treated as a strike, and the employer may not dismiss the employee or hire a replacement on that ground.
Claims for wages, overtime and severance are subject to a five-year limitation period, calculated period by period. Bank statements, payslips and records of cash payments are the principal evidence.
Mandatory mediation and reinstatement
Most employment claims must be submitted to a mediator (arabulucu) before a lawsuit can be filed with the labour court (iş mahkemesi). A settlement signed at mediation bars later claims for the items it covers, and a party that fails to attend the first meeting without valid excuse bears all court costs.
Where job security applies (thirty or more employees, six months' service, indefinite contract), mediation seeking reinstatement must be requested within one month of the dismissal notice. If the dismissal is held invalid and the employer does not reinstate the employee within one month of the employee's application, compensation of four to eight months' wages is payable, together with up to four months' wages for the idle period.
Work accidents, including staff transport
A work accident (iş kazası) includes injuries sustained while travelling on employer-provided transport or while on assignment elsewhere. The employer must notify the Social Security Institution (SGK) within three working days. Fault is usually assessed by a court-appointed occupational safety assessor (bilirkişi), and these compensation claims are not subject to prior mediation.
Release forms signed on departure
Undated resignation letters, blank signed pages and statements that no claims remain are frequently presented at the end of employment. Where a signature was obtained under pressure, recording that fact promptly, for example by a notarised notice, is advisable.
A release (ibraname) is void unless signed at least one month after the contract ended, stating the type and amount of each payment, with payment made through a bank. Meetings are held by appointment at the office in Konyaaltı.