Unofficial English translation for information only. In case of discrepancy, the Turkish text prevails. This translation is not legal advice.
Turkish source: Law No. 6098, Official Gazette 04/02/2011, No. 27836. Turkish text as published on mevzuat.gov.tr, checked on 26 October 2026: https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6098&MevzuatTur=1&MevzuatTertip=5
PART TWO – Special Obligational Relationships
CHAPTER SIX – Service Contracts
DIVISION ONE – General Service Contract
Article 417 – 1. In general
In the service relationship, the employer is obliged to protect and respect the employee’s personality and to ensure an order in the workplace that complies with the principles of good faith, and in particular to take the necessary measures to prevent employees from being subjected to psychological or sexual harassment and to prevent further harm to those who have been subjected to such harassment.
The employer is obliged to take all necessary measures to ensure occupational health and safety in the workplace and to keep the tools and equipment fully available; employees are also obliged to comply with all measures taken concerning occupational health and safety.
Compensation for damage arising from the employee’s death, injury to bodily integrity or violation of personality rights as a result of the employer’s conduct contrary to law or contract, including the foregoing provisions, is subject to the provisions on liability arising from breach of contract.
Article 418 – 2. Work within a household
If the employee lives in the employer’s household, the employer is obliged to provide sufficient food and suitable accommodation.
If, through no fault of the employee, the employee is unable to perform the obligation to work for reasons such as illness or accident, the employer is obliged, for two weeks, to provide care and treatment for an employee who has worked for up to one year and is unable to benefit from social insurance benefits. For each year of service exceeding one year, that period shall be increased by two days, up to a maximum of four weeks.
The employer is also obliged to fulfil the same obligations during the employee’s pregnancy and in the event of childbirth.
Article 419 – 3. Use of personal data
The employer may use personal data relating to the employee only to the extent that it concerns the employee’s suitability for the job or is necessary for performance of the employment contract.
The provisions of special laws are reserved.
Article 420 – V. Penalty clause and release
A penalty clause stipulated in employment contracts solely against the employee is invalid.
A release agreement concerning the employee’s receivable from the employer must be in writing; at least one month must have elapsed since the contract ended as of the date of release; the type and amount of the receivable covered by the release must be clearly specified; and payment must be made in full through a bank. A release agreement or release (quittance) that does not meet these requirements is absolutely null and void.
A release agreement that does not state that the full amount of the entitlement has been paid, or other payment documents containing a declaration of release, shall have the effect of a receipt, limited to the amounts they contain. Even in this case, payments must be made through a bank.
The provisions of the second and third paragraphs shall also apply to all compensation claims arising from the employment contract, including those that may be claimed by persons deprived of support and the employee’s other close relatives.
Article 421 – 1. Weekly rest day and time off to seek employment
The employer is obliged to grant the employee a holiday of one full working day every week, as a rule on Sunday or, if circumstances and conditions do not permit this, on another day.
In the event of termination of an indefinite-term employment contract, the employer is obliged to grant the employee two hours per day during the notice period to seek employment, without any deduction from the employee’s wage.
The legitimate interests of the workplace and the employee shall be taken into consideration when determining the hours and days of leave.
Article 422 – a. Duration
The employer is obliged to grant employees who have worked for at least one year annual paid leave of at least two weeks per year, and employees under the age of eighteen and employees over the age of fifty annual paid leave of at least three weeks.
Article 423 – b. Deduction
If, during a year of service, the employee fails to perform work for a total period exceeding one month through the employee’s own fault, the employer may deduct one day from the period of annual paid leave for each full month not worked.
If, during a year of service, the employee is unable to perform the obligation to work for a period of no more than three months, for reasons personal to the employee, such as illness, accident, or fulfilment of a legal obligation or public duty, and through no fault of the employee, the employer may not deduct from the period of annual paid leave.
The employer may not deduct from the period of annual paid leave of a female employee who is unable to perform the obligation to work for a period of no more than three months due to pregnancy and childbirth.
No provision contrary to the provisions of the second and third paragraphs may be made in employment contracts or collective employment contracts in a manner that would adversely affect the employee.
Article 424 – c. Taking leave
As a rule, annual paid leave shall be granted as an uninterrupted period; however, it may also be taken in two parts by agreement of the parties.
The employer shall determine the dates of annual paid leave, taking the employee’s wishes into consideration insofar as they are compatible with the interests of the workplace or household.
Article 425 – d. Wage
The employer is obliged to pay in advance, or provide as an advance, to each employee taking annual paid leave the wage relating to the period of annual paid leave, before that employee begins the leave.
For as long as the employment relationship continues, the employee may not waive the right to annual paid leave in return for money or other benefits receivable from the employer.
If the employment contract ends for any reason, the wage for annual leave periods to which the employee has become entitled but has not used shall be paid to the employee or the persons entitled, calculated on the basis of the wage on the date the contract ends. The limitation period for this wage shall begin to run on the date the employment contract ends.
Article 426 – VII. Employment certificate
At the employee’s request, the employer is obliged at any time to provide an employment certificate stating the type and duration of the work.
If the employee expressly so requests, the certificate shall also state the employee’s competence in performing the work and the employee’s attitude and conduct.
An employee or a new employer who hires that employee may claim compensation from the former employer for damage suffered as a result of the employment certificate not being provided in a timely manner or containing incorrect information.
Article 427 – E. Industrial and intellectual property rights
The provisions of special laws shall apply to the rights of the employee and the employer in employee inventions, their acquisition, and other industrial and intellectual property rights.
Article 428 – I. Transfer of all or part of the workplace
Where all or part of a workplace is transferred to another person by a legal transaction, the employment contracts existing at the workplace or in the relevant part on the date of transfer shall pass to the transferee together with all rights and obligations.
For rights of the employee dependent on length of service, the date on which the employee began work for the transferring employer shall be taken as the basis.
In the event of a transfer under the above provisions, the transferring and transferee employers shall be jointly and severally liable for obligations that arose before the transfer and were due on the date of transfer. However, the transferring employer’s liability arising from these obligations shall be limited to two years from the date of transfer.
Article 429 – II. Transfer of the contract
An employment contract may be permanently transferred to another employer only with the employee’s written consent.
By the transfer, the transferee becomes the employer party to the employment contract together with all rights and obligations. In this case, for rights of the employee dependent on length of service, the date on which the employee began work for the transferring employer shall be taken as the basis.
Article 430 – I. Fixed-term contract
Unless otherwise agreed, a fixed-term employment contract shall terminate automatically upon expiry of the term, without the need for notice of termination.
If a fixed-term contract is implicitly continued after expiry of its term, it shall become an indefinite-term contract. However, successive fixed-term employment contracts may be concluded where there is a substantial reason.
Either party may terminate an employment contract with a term exceeding ten years after ten years have elapsed, subject to a six-month notice period. The termination shall take effect only at the beginning of the month following that period.
If it is agreed that the contract will end by notice of termination and neither party gives such notice, the contract shall become an indefinite-term contract.
Article 431 – 1. General right of termination
Each party has the right to terminate an indefinite-term contract subject to the notice periods.
Article 432 – a. In general
Before an indefinite-term employment contract is terminated, notice of termination must be given to the other party.
An employment contract shall end, beginning from the time notice reaches the other party, after two weeks for an employee whose period of service has lasted up to one year; after four weeks for an employee whose period of service has lasted from one to five years; and after six weeks for an employee whose period of service has lasted more than five years.
These periods may not be shortened, but may be extended by contract.
The employer may terminate the employment contract by paying in advance the wage corresponding to the notice period.
The notice periods must be the same for both parties; if different periods are provided for in the contract, the longest notice period shall apply to both parties.
Notice periods shall not run while the employment contract is suspended.
Article 433 – b. During the probationary period
The parties may include a probationary period of no more than two months in the employment contract. If a probationary period is stipulated, either party may terminate the employment contract during that period without observing a notice period and without compensation.
The employee’s wage and other rights for the days worked are reserved.
Article 434 – III. Protection against termination
Where an employment contract is terminated through abuse of the right to terminate, the employer is obliged to pay the employee compensation equal to three times the wage for the notice period.
Article 435 – a. Just cause
Either party may terminate the contract immediately for just cause. The party terminating the contract must notify the reason for termination in writing.
All circumstances and conditions under which, according to the rules of good faith, the party terminating the contract cannot be expected to continue the employment relationship shall constitute just cause.
Article 436 – b. Employer’s inability to pay
If the employer becomes unable to pay, the employee may terminate the contract immediately if the employer does not secure the rights arising from the contract within an appropriate period.
Article 437 – a. Termination for just cause
If the reasons for termination for just cause arise from a party’s failure to comply with the contract, that party is obliged to make good the damage caused by it in full, taking into account all rights based on the employment relationship.
In other cases, the judge shall freely assess the pecuniary consequences of termination for just cause, taking into account all circumstances and conditions.
Article 438 – b. Termination without just cause
If the employer terminates the employment contract immediately without just cause, the employee may claim as compensation the amount the employee would have earned had the notice period been observed in the case of indefinite-term contracts, or the contract term been observed in the case of fixed-term contracts.
In the case of a fixed-term employment contract, the amount saved by the employee as a result of the end of the employment contract, and income earned from other work or knowingly avoided, shall be deducted from the compensation.
The judge may also order payment to the employee of compensation in an amount freely determined by the judge, taking into account all circumstances and conditions; however, the compensation to be determined may not exceed six months’ wage of the employee.
Article 439 – c. Employee’s unjustified failure to start work or abandonment of work
If the employee, without just cause, fails to start work or suddenly abandons work, the employer is entitled to claim compensation equal to one quarter of the monthly wage. The employer is also entitled to claim compensation for any additional damage.
If the employer has suffered no damage, or the damage suffered is less than one quarter of the employee’s monthly wage, the judge may reduce the compensation.
Unless the right to claim compensation has been extinguished by set-off, the employer must exercise that right by bringing an action or initiating enforcement proceedings within thirty days from the employee’s failure to start work or abandonment of work. Otherwise, the right to claim compensation is forfeited.
Article 440 – 1. Death of the employee
The contract terminates automatically upon the employee’s death. The employer is obliged to make a payment to the employee’s surviving spouse and minor children, or, in their absence, to the persons the employee was obliged to support, in an amount equal to one month’s wage from the date of death; if the employment relationship has continued for more than five years, the payment shall equal two months’ wage.
Article 441 – 2. Death of the employer
In the event of the employer’s death, the heirs take the employer’s place. In this case, the provisions on transfer of the employment relationship resulting from the transfer of all or part of a workplace shall apply by analogy.
If the employment contract was concluded predominantly in consideration of the employer’s person, it terminates automatically upon the employer’s death. However, the employee may claim fair compensation from the heirs for damage suffered because the contract ended before its term.
Article 442 – 1. Obligations becoming due
Upon termination of the contract, all obligations arising from the contract become due.
The time when obligations become due may be deferred by written agreement for up to six months where an obligation undertaken by a third party in a legal relationship established through the employee is to be performed wholly or partly after termination of the employment contract; up to one year in relationships involving periodic performances; and up to two years in insurance contracts or work whose performance extends over a period longer than six months.
Where a share of what is produced is to be granted, the share in the product becomes due as soon as it is determined; where a share of turnover or profit is agreed, the share becomes due no later than three months after the end of the accounting period.
Article 443 – 2. Obligation to return
Upon termination of the contract, each party is obliged to return anything it has received from the other party or from a third party on the other party’s account in connection with the work.
The employee is obliged in particular to return motor vehicles and traffic permit documents, as well as wage and expense advances to the extent that they exceed the employee’s receivables.
The parties’ rights of retention are reserved.
Article 444 – 1. Conditions
An employee with legal capacity may undertake in writing vis-à-vis the employer to refrain, after termination of the contract, from competing with the employer in any manner, in particular by opening a competing enterprise on the employee’s own account, working for another competing enterprise, or entering into any other type of relationship of interest with a competing enterprise.
A non-compete clause is valid only if the employment relationship gives the employee the opportunity to learn about the employer’s clientele, production secrets, or business activities, and the use of such information is capable of causing substantial damage to the employer.
Article 445 – 2. Limitation
A non-compete obligation may not contain restrictions as to place, time, or type of work that would unfairly jeopardise the employee’s economic future, and, except in special circumstances and conditions, its duration may not exceed two years.
The judge may limit an excessive non-compete obligation in scope or duration, freely assessing all circumstances and conditions and taking due account of any counter-performance the employer may have undertaken.
Article 446 – 3. Consequences of breach
An employee who breaches the non-compete obligation is obliged to make good all damage consequently suffered by the employer.
If breach of the obligation is subject to a penalty clause and the contract contains no provision to the contrary, the employee may discharge the obligation relating to the non-compete obligation by paying the stipulated amount; however, the employee must make good any damage exceeding that amount.
In addition to payment of the contractual penalty and compensation for any additional damage that may arise, the employer may also demand that the breach cease, provided that the employer expressly reserved this right in writing in the contract and the importance of the employer’s interests that have been infringed or threatened and the employee’s conduct so warrant.
Article 447 – 4. Termination
The non-compete obligation terminates if it is established that the employer no longer has a genuine interest in its continuation.
The non-compete obligation terminates if the contract is terminated by the employer without just cause or by the employee for a reason attributable to the employer.