Unofficial English translation for information only. In case of discrepancy, the Turkish text prevails. This translation is not legal advice.
Turkish source: Law No. 4857, Official Gazette 10/06/2003, No. 25134. Turkish text as published on mevzuat.gov.tr, checked on 26 October 2026: https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=4857&MevzuatTur=1&MevzuatTertip=5
CHAPTER TWO – Employment Contract, Its Types and Termination
Madde 24 – Employee’s right to immediate termination for just cause
Whether the employment contract is for a fixed or indefinite term, the employee may terminate it before the end of its term or without waiting for the notice period in the following cases:
I. Health reasons:
a) If performing the work that is the subject of the employment contract is hazardous to the employee’s health or life for a reason arising from the nature of the work.
b) If the employer or another employee with whom the employee has constant close and direct contact contracts a contagious disease or a disease incompatible with the employee’s work.
II. Cases contrary to the rules of morality and good faith, and similar cases:
a) If, when the employment contract is made, the employer misleads the employee by stating false qualifications or conditions concerning one of the essential points of the contract, or by providing false information or making false statements.
b) If the employer makes statements or engages in conduct that offend the honour and dignity of the employee or a member of the employee’s family, or sexually harasses the employee.
c) If the employer verbally or physically attacks or threatens the employee or a member of the employee’s family, or incites, provokes or induces the employee or a member of the employee’s family to act unlawfully, or commits an offence against the employee and a member of the employee’s family punishable by imprisonment, or makes unfounded, serious allegations or accusations against the employee that offend the employee’s honour and dignity.
d) If the employee is sexually harassed at the workplace by another employee or a third party and the employer fails to take the necessary measures despite being informed of the situation.
e) If the employer does not calculate or pay the employee’s wage in accordance with the provisions of the Law or the terms of the contract,
f) If payment by piece or by the amount of work is agreed but the employer gives the employee less work than the employee can perform, and the wage shortfall is not made up by paying the difference on a time basis, or if working conditions are not applied.
III. Compelling reasons:
If compelling reasons arise that require work to stop at the workplace where the employee works for more than one week.
Madde 25 – Employer’s right to immediate termination for just cause
Whether the employment contract is for a fixed or indefinite term, the employer may terminate it before the end of its term or without waiting for the notice period in the following cases:
I- Health reasons:
a) If the employee contracts an illness or becomes disabled as a result of the employee’s own wilful act, disorderly lifestyle or addiction to alcohol, and the resulting absence lasts more than three consecutive working days or more than five working days in a month.[7]
b) If the Health Board determines that the employee’s illness is incurable and that continuing to work at the workplace is harmful.
For reasons other than those listed in subparagraph (a), in cases such as illness, accident, childbirth and pregnancy, the employer’s right to terminate the employment contract without notice arises after the relevant period exceeds the notice periods under Article 17 by six weeks, calculated according to the employee’s period of work at the workplace. In cases of childbirth and pregnancy, this period begins at the end of the period specified in Article 74. However, wages do not accrue for periods during which the employee cannot go to work because the employment contract is suspended.
II- Cases contrary to the rules of morality and good faith, and similar cases:
a) If, when the employment contract is made, the employee misleads the employer by claiming to have qualifications or conditions required for one of the essential points of the contract, when the employee does not possess them, or by providing false information or making false statements.
b) If the employee makes statements or engages in conduct that offend the honour and dignity of the employer or a member of the employer’s family, or makes unfounded reports or allegations about the employer that offend the employer’s honour and dignity.
c) If the employee sexually harasses another employee of the employer.
d) If the employee verbally or physically attacks the employer, a member of the employer’s family or another employee of the employer, comes to the workplace intoxicated or having taken narcotic drugs, or uses these substances at the workplace.[8]
e) If the employee engages in conduct contrary to honesty and loyalty, such as abusing the employer’s trust, committing theft or disclosing the employer’s trade secrets.
f) If the employee commits an offence at the workplace for which the employee is sentenced to imprisonment for more than seven days and the sentence is not suspended.
g) If the employee, without the employer’s permission or just cause, is absent from work for two consecutive working days, or twice in one month on the working day following any holiday or rest day, or for three working days in one month.
h) If the employee persists in failing to perform duties despite being reminded of them.
ı) If, through the employee’s own intention or negligence, the employee endangers the safety of the work, or causes damage to or loss of machinery, equipment or other items or materials belonging to the workplace or held there although belonging to others, to an extent that cannot be compensated by the equivalent of thirty days’ wages.
III- Compelling reasons:
If a compelling reason arises that prevents the employee from working at the workplace for more than one week.
IV- If the employee is taken into police custody or detained on remand and the absence exceeds the notice period under Article 17.
The employee may bring legal proceedings under Articles 18, 20 and 21 on the grounds that the termination was not based on the grounds set out in the subparagraphs above.
Madde 26 – Period for exercising the right to immediate termination
The right granted to the employee or employer to terminate the contract on the grounds of conduct contrary to the rules of morality and good faith set out in Articles 24 and 25 may not be exercised after six working days have elapsed from the day on which the party entitled to terminate learns of the other party’s conduct, or in any event after one year from the date of the act. However, the one-year period does not apply if the employee has obtained a financial benefit from the incident.
The right of an employee or employer who terminates the employment contract within the period specified in the paragraph above on these grounds to claim compensation from the other party is reserved.
Madde 27 – Leave to seek new employment
During notice periods, the employer must grant the employee, during working hours and without any deduction from wages, the leave necessary to seek new employment. The leave to seek new employment may not be less than two hours per day, and, if the employee wishes, the hours of leave may be combined and taken together. However, an employee wishing to take the leave together must schedule it for the days before the day on which the employee leaves work and notify the employer accordingly.
If the employer does not grant leave to seek new employment, or grants less than the required amount, the employee shall be paid the wage for that period.
If the employer has the employee work during leave to seek new employment, the employer shall pay, in addition to the wage the employee would have received without working during the leave, the wage for the period worked with a 100 per cent increase.
Madde 28 – Employment certificate
An employer shall give an employee leaving employment a certificate stating the type and duration of the employee’s work.
An employee or a new employer who hires that employee may claim compensation from the former employer for loss suffered because the certificate was not given in due time or contains incorrect information.
These certificates are exempt from all duties and fees.
Madde 29 – Collective dismissal
When an employer intends to carry out a collective dismissal as a result of economic, technological, structural or similar requirements of the enterprise, workplace or work, the employer shall notify the workplace trade union representatives, the relevant regional directorate and the Turkish Employment Agency in writing at least thirty days in advance.
The following thresholds apply according to the number of employees at the workplace:
a) between 20 and 100: at least 10 employees;
b) between 101 and 300: at least ten per cent of the employees;
c) 301 or more: at least 30 employees.
Termination of the employment of at least the number of employees specified above under Article 17 within a one-month period, on the same date or on different dates, shall be deemed a collective dismissal.
The notice to be given under paragraph one must contain information on the reasons for the dismissals, the number and groups of employees affected, and the period during which the dismissals will take place.
In discussions between the workplace trade union representatives and the employer after the notice, they shall consider preventing the collective dismissal, reducing the number of employees to be dismissed, or minimising the adverse effects of the dismissals on employees. At the end of the discussions, a document showing that the meeting took place shall be drawn up.
Notices of termination shall take effect thirty days after the employer notifies the regional directorate of its intention to carry out a collective dismissal.
If the workplace is closed in its entirety and its operations cease permanently and definitively, the employer is required only to notify the relevant regional directorate and the Turkish Employment Agency at least thirty days in advance and to announce the closure at the workplace. If the employer wishes to recruit employees for the same type of work within six months after the collective dismissal becomes final, the employer shall give preference to dismissed employees with suitable qualifications when inviting them back to work.
The provisions on collective dismissal do not apply to the dismissal of employees working in seasonal and campaign work if the dismissals are made because of the nature of that work.
The employer may not use the provisions on collective dismissal to prevent the application of Articles 18, 19, 20 and 21; otherwise, the employee may bring an action under those articles.
Madde 30 – Obligation to employ disabled persons and former convicts[9][10]
(Amended: 15/5/2008-5763/2 art.)
Employers employing fifty or more employees must employ, in jobs suited to their professional qualifications and physical and mental condition, disabled employees at a rate of three per cent in private-sector workplaces; in public workplaces, they must employ disabled employees at a rate of four per cent and, at a rate of two per cent, former convicts or persons covered by the Military Service Law No. 1111 dated 21/6/1927 or the Law on Reserve Officers and Reserve Military Officials No. 1076 dated 16/6/1927 who, while performing military service, were injured as a result of terrorist incidents listed in Article 21 of the Anti-Terror Law No. 3713 dated 12/4/1991, but not to the extent of being deemed disabled. The number of employees an employer with more than one workplace within the same provincial boundaries is required to employ under this provision shall be calculated according to the total number of employees.[11]
In determining the number of employees to be employed under this provision, employees employed under fixed-term and indefinite-term employment contracts shall be taken into account. Employees working under part-time employment contracts shall be converted to full-time equivalents, taking their working hours into account. Fractions below one half shall be disregarded in calculating the ratio, and fractions of one half or more shall be rounded up to a whole number. Priority shall be given to employees who become disabled while working at the workplace.
Employers shall obtain the employees they are required to employ through the Turkish Employment Agency. The qualifications of employees to be employed under this provision, the types of work in which they may be employed, the special working conditions to which they are subject at workplaces in addition to the general provisions, their vocational guidance, and how they are to be recruited by the employer on vocational grounds shall be regulated by a regulation issued by the Ministry of Labour and Social Security after obtaining the opinion of the Ministry of Family and Social Policies.[12]
Disabled employees may not be employed in underground or underwater work, and employees working in underground or underwater work shall not be included when determining the number of employees at workplaces under the provisions above.
If employees who had to leave a workplace because they became disabled subsequently recover, and request to be re-employed at their former workplace, the employer must employ them in their former or similar jobs immediately if there is a vacancy, or, if there is none, in the first vacancy, giving them preference over other applicants, on the terms applicable at that time. If the employer fails to fulfil the obligation to make an employment contract despite the required conditions being met, the employer shall pay the former employee who requested employment compensation equal to six months’ wages.
The entirety of the employer’s share of the insurance contributions specified in Articles 72 and 73 of the Social Insurance Law No. 506 dated 17/7/1964, calculated on the lower limit of earnings subject to contributions determined under Article 78 of that Law, for disabled insured persons employed under this article by private-sector employers and subject to that Law, and for disabled insured persons employed in protected workplaces specified in Article 14 of Law No. 5378 dated 1/7/2005, shall be covered by the Treasury. The entirety of the employer’s share of the insurance contributions for each disabled person employed above the quota, or employed by an employer who is not required to employ disabled persons, shall also be covered by the Treasury, calculated on the lower limit of earnings subject to contributions. For the Treasury to cover the employer’s share of the contributions, employers must submit to the Social Security Institution, within the statutory period, monthly contribution and service documents for insured persons employed by them under Law No. 506, and must have paid the portion of the insurance contributions attributable to the insured persons’ share for all insured persons and the portion of the employer’s share not covered by the Treasury. If contributions payable by the employer under this paragraph are paid late, the late-payment surcharge arising from the delay in payment by the Treasury to the Social Security Institution shall be collected from the employer. Contribution amounts covered by the Treasury shall not be taken into account as an expense or cost item for income and corporate tax purposes. (Added sentence: 31/7/2008-5797/10 art.) This incentive provided for in this paragraph shall also apply, on the basis of the assessment base and rates applicable to insured persons under Law No. 506, to personnel subject to the statutes of pension funds covered by provisional Article 20 of Law No. 506, excluding public administrations. The procedures and principles for implementing this paragraph shall be determined jointly by the Ministry of Finance, the Ministry of Labour and Social Security and the Undersecretariat of the Treasury.[13]
(Amended seventh paragraph: 11/10/2011-Decree Law No. 665/28 art.) In cases of breach of this article, the fines collected under Article 101 shall be used for projects such as enabling disabled persons and former convicts to establish their own businesses, providing support technologies to help disabled persons find work, placing disabled persons in jobs, and helping them adapt to work and the workplace. Matters concerning the use of the fines collected shall be decided by a commission coordinated by the Turkish Employment Agency and consisting of one representative each from the Ministry of Labour and Social Security’s Directorate General of Labour and Directorate General of Occupational Health and Safety, the Ministry of Family and Social Policies’ Directorate General of Services for Disabled Persons and Older People, the Ministry of Justice’s Directorate General of Prisons and Detention Houses, the most representative confederations of employees and employers, and the most representative confederation of disabled persons. The commission’s working procedures and principles shall be regulated by a regulation issued by the Ministry of Labour and Social Security.
In employing former convicts, special statutory provisions concerning services relating to public security are reserved.
Madde 31 – Military service and statutory work obligations
The employment contract of an employee who leaves work because they are called up for manoeuvres or for any other reason, other than regular active military service, or because of a work obligation arising under any law, shall be deemed terminated by the employer two months after the day on which the employee leaves work.
To benefit from this right, the employee must have worked in that job for at least one year. For each year worked beyond one year, an additional two days shall be added. However, the total period may not exceed ninety days.
Wages do not accrue during the period that must elapse before the employment contract is deemed terminated. However, the provisions of special laws on this matter are reserved. Even if the other party is notified during this period that the employment contract has been terminated by the employer or employee on another ground arising under the Law, the period prescribed by the Law for termination shall begin to run after this period ends. However, if the employment contract is for a fixed term and expires automatically during the period specified above, the provisions of this article do not apply.
If employees who leave work because of any military or statutory duty wish to return to work within two months from the end of that duty, the employer must employ them in their former or similar jobs immediately if there is a vacancy, or, if there is none, in the first vacancy, giving them preference over other applicants, on the terms applicable at that time. If the employer fails to fulfil the obligation to make an employment contract despite the required conditions being met, the employer shall pay the former employee who requested employment compensation equal to three months’ wages.
Notes
[7] By Article 1 of Law No. 6462 dated 25/4/2013, the phrase “or in the event of becoming disabled” in this sub-item was amended to read “in the event of contracting [the condition] or becoming disabled”.
[8] By Article 32 of Law No. 6331 dated 20/6/2012, the phrase “or acting contrary to Article 84” in this sub-item was amended to read “, coming to the workplace intoxicated or under the influence of narcotic substances, or using such substances at the workplace”.
[11] By Article 79 of Law No. 6353 dated 4/7/2012, the following phrase was added after the phrase “the former-convict employee” in this paragraph: “or persons covered by the Military Service Law No. 1111 dated 21/6/1927 or the Reserve Officers and Reserve Military Officials Law No. 1076 dated 16/6/1927 who, while performing military service, were injured as a result of and owing to terrorist incidents listed in Article 21 of the Anti-Terror Law No. 3713 dated 12/4/1991, but not to an extent that they are deemed disabled”.
[12] By Article 58 of Law No. 6518 dated 6/2/2014, the phrase “after obtaining the opinion of the Ministry of Family and Social Policies” was added after the phrase “how they will be recruited” in this paragraph.
[13] By Article 58 of Law No. 6518 dated 6/2/2014, the phrase “fifty per cent” in this paragraph was amended to read “the entirety”.