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 FIVE – Loan Contracts
DIVISION ONE – Loan for Use
Article 379 – A. Definition
A loan for use contract is a contract under which the lender undertakes to allow the borrower to use a thing free of charge, and the borrower undertakes to return that thing after using it.
Article 380 – I. Borrower’s right of use
The borrower may use the subject of the loan only in the manner agreed in the contract or, if the contract contains no provision, according to its nature or the purpose for which it is allocated.
The borrower may not allow another person to use the subject of the loan.
If the borrower acts contrary to these provisions, the borrower is also liable for damage arising from fortuitous events. However, the borrower is released from liability if the borrower proves that the damage would have occurred even if these provisions had been complied with.
Article 381 – II. Maintenance and protection expenses
The borrower is obliged to bear the ordinary maintenance and protection expenses for the subject of the loan.
The borrower may request payment of extraordinary expenses that the borrower had to incur for the benefit of the lender.
Article 382 – III. Joint and several liability
Those who borrow a thing jointly are jointly and severally liable for it.
Article 383 – I. Use for a specified purpose
If no specific period for use has been stipulated, the contract terminates when the borrower has used the subject of the loan in accordance with the contract or when enough time has passed for it to have been used.
If the borrower uses the subject of the loan contrary to the contract, damages it, gives it to another person for use, or if the lender has an urgent need for it due to a circumstance not previously known, the lender may demand its return earlier.
Article 384 – II. Use for an unspecified purpose
If the subject of the loan is provided without specifying the period of use or the purpose for which it is to be used, the lender may demand its return at any time.
Article 385 – III. Death of the borrower
A loan for use contract terminates automatically upon the death of the borrower.
DIVISION TWO – Loan for Consumption
Article 386 – A. Definition
A consumption loan contract is a contract under which the lender undertakes to transfer a sum of money or a consumable thing to the borrower, and the borrower undertakes to return a thing of the same kind and quantity.
Article 387 – 1. In general
In a non-commercial consumption loan contract, interest may not be claimed unless agreed by the parties.
In a commercial consumption loan contract, interest may be claimed even if it has not been agreed by the parties.
Article 388 – 2. Special rules concerning interest
If the interest rate is not specified in a consumption loan contract, as a rule, the interest rate applicable to such loans at the time and place of borrowing shall apply.
Unless otherwise provided in the contract, the interest determined shall be paid annually.
It may not be agreed that interest be added to the principal and that interest then accrue on the combined amount.
Article 389 – II. Limitation period
The borrower’s claims for delivery of the subject of the loan and the lender’s claims for receipt of that thing become time-barred upon the expiry of six months from the time the other party enters into default in this regard.
Article 390 – III. Borrower’s inability to pay
If the borrower becomes unable to pay after the loan contract is concluded, the lender may refrain from delivering the subject of the loan.
The lender has the same right if the lender subsequently learns that the borrower became unable to pay before the contract was concluded.
Article 391 – C. Things given instead of money
If negotiable instruments or commercial goods are given to the borrower instead of the money agreed in the contract, the amount of the obligation shall be calculated according to their stock exchange or market value at the time and place of delivery; any contract to the contrary is invalid.
Article 392 – D. Time for return
If no specific day or notice period for return of the loan, or provision that the debt becomes due upon demand for its return, has been agreed, the borrower is not obliged to return the loan until six weeks have elapsed from the first demand.
CHAPTER SIX – Service Contracts
DIVISION ONE – General Service Contract
Article 393 – A. Definition
A service contract is a contract under which the employee undertakes to perform work for the employer, under the employer’s authority, for a fixed or indefinite term, and the employer undertakes to pay the employee a wage based on time or the work performed.
Contracts under which the employee undertakes to regularly perform a service for the employer on a part-time basis are also service contracts.
The provisions concerning general service contracts also apply, by analogy, to apprenticeship contracts; the provisions of special laws are reserved.
Article 394 – B. Formation
Unless otherwise provided by law, a service contract is not subject to any special form.
Where a person performs, for a specified period, work which, in the circumstances, can only be performed for remuneration, and that work is accepted by the employer, a service contract is deemed to have been formed between them.
A service contract subsequently found to be invalid produces all the provisions and consequences of a valid service contract until the service relationship is terminated.
Article 395 – I. Obligation to perform work personally
Unless otherwise understood from the contract or the requirements of the circumstances, the employee is obliged to perform the work undertaken personally.
Article 396 – II. Duty of care and loyalty
The employee is obliged to perform the work undertaken with due care and to act loyally in protecting the employer’s legitimate interests.
The employee is obliged to use the employer’s machinery, tools and equipment, technical systems, facilities and vehicles in accordance with the proper procedures, and to take due care of these as well as the materials delivered to the employee for the performance of the work.
For as long as the service relationship continues, the employee may not, in breach of the duty of loyalty, provide services to a third party for remuneration and may not, in particular, compete with the employee’s own employer.
The employee may not use for the employee’s own benefit or disclose to others information learned in the course of performing the work, particularly information such as production and business secrets, for the duration of the service relationship. To the extent necessary to protect the employer’s legitimate interests, the employee is also obliged to maintain confidentiality after the service relationship ends.
Article 397 – III. Obligation to deliver and account
In the course of performing the work undertaken, the employee is obliged immediately to deliver to the employer anything, and particularly any money, received from a third party on the employer’s behalf, and to account for it.
The employee is also obliged immediately to deliver to the employer anything obtained through performance of the service.
Article 398 – IV. Obligation to work overtime
Overtime work is work performed, with the employee’s consent, beyond the normal working hours specified in the relevant laws. However, if it becomes necessary to perform work requiring more than the normal working hours, the employee is able to do so, and the employee’s refusal would at the same time be contrary to the rules of good faith, the employee is obliged to perform the overtime work, provided that compensation is paid.
The provisions of special laws are reserved.
Article 399 – V. Obligation to comply with regulations and instructions
The employer may issue general regulations concerning the performance of work and employees’ conduct at the workplace, and may give them specific instructions. Employees are obliged to comply with them to the extent required by the rules of good faith.
Article 400 – VI. Employee’s liability
The employee is liable for any damage caused to the employer through the employee’s fault.
In determining this liability, consideration shall be given to whether the work is hazardous, whether it requires expertise and training, and the employee’s abilities and qualifications known, or which should have been known, to the employer.
Article 401 – a. In general
The employer is obliged to pay the employee the wage specified in the contract or collective employment contract; where the contract contains no provision, the employer must pay the wage for comparable work, which may not be less than the minimum wage.
Article 402 – b. Overtime wage
The employer is obliged to pay the employee, for overtime work, at least 150 percent of the normal working wage.
With the employee’s consent, the employer may grant leave at an appropriate time, in proportion to the overtime work, instead of paying the overtime wage.
Article 403 – c. Share in the result of the work
If it is agreed by contract that, in addition to the wage, the employee is to receive a specified share of the output, turnover or profit, that share shall be determined at the end of the accounting period, taking into consideration statutory provisions or generally accepted commercial principles.
Where it is agreed that the employee is to receive a specified share, and agreement cannot be reached on the calculation of the share, the employer is obliged to provide information to the employee or, on the employee’s behalf, to an expert jointly appointed by them or appointed by the judge, and to make available for examination the books and documents relating to the enterprise that form the basis for the information; if it is agreed that the employee is to receive a share of the profit, the employer is also obliged, upon the employee’s request, to provide the employee with the year-end profit and loss statement.
Article 404 – d. Brokerage fee
If it is agreed that the employer will pay the employee a wage in return for acting as an intermediary in specified transactions, the employee’s right to claim arises when the transaction mediated is validly concluded with the third party.
In contracts providing for obligations to be performed in instalments and in insurance contracts, it may be agreed in writing that the right to claim the wage for each instalment arises when the obligation relating to that instalment falls due or is performed.
If the contract concluded between the employer and a third party through the employee’s mediation is not performed by the employer for reasons not attributable to the employer’s fault, or if the third party fails to perform its obligations, the right to claim the wage ceases. In the event of partial performance only, the wage shall be reduced proportionately.
If the contract does not require the employee to keep accounts of the brokerage fee payable to the employee, the employer is obliged, for each period in which the fee falls due, to provide the employee with written accounts that also include the transactions subject to that fee.
If it becomes necessary to review the accounts, the employer is obliged to provide information to the employee or, on the employee’s behalf, to an expert jointly appointed by them or appointed by the judge, and to make available for examination the books and documents relating to the enterprise that form the basis for the information.
Article 405 – e. Bonus
The employer may grant employees a special bonus on specific occasions such as holidays, New Year’s Day and birthdays. However, employees acquire the right to claim the bonus only if an agreement, a condition of employment or the employer’s unilateral undertaking to that effect exists.
If the service contract ends before the period in which the bonus is paid, the portion of the bonus corresponding to the period worked shall be paid.
Article 406 – a. Payment period
Unless otherwise customary, the employee’s wage shall be paid at the end of each month. However, shorter payment periods may be specified by the service contract or collective employment contract.
Unless a shorter payment period has been agreed or otherwise customary, the brokerage fee shall be paid at the end of each month. However, if the transactions require more than six months to complete and the brokerage fee is agreed in addition to the basic wage, payment may be deferred to a later date by written agreement.
Where it is provided that the employee is to receive a share of the output in addition to the basic wage, the share must be paid as soon as it is determined; where a share of turnover or profit is agreed, that share must be determined and paid no later than three months after the end of the accounting period.
If the employee has an essential need and the employer is able to pay in accordance with equity, the employer is obliged to pay an advance proportionate to the employee’s service.
Article 407 – b. Protection of wages
The Presidency is authorized, taking into account the type of tax liability, the size of the enterprise, the number of employees, the province in which the workplace is located and similar factors, to require employers to pay into a specially opened bank account the wages, premiums, bonuses and all other payments of that nature paid to employees during the month, and to determine whether the wages, premiums, bonuses and all other payments of that nature to be deposited into the bank account are to be paid as gross amounts or as net amounts remaining after statutory deductions. Employers required to pay their employees’ wages, premiums, bonuses and all other payments of that nature through specially opened bank accounts may not pay them by any means other than those specially opened bank accounts. A payslip shall be given to the employee for each payment period. Other procedures and principles concerning payment of employees’ wages, premiums, bonuses and all other payments of that nature by deposit into a specially opened bank account shall be regulated by a regulation to be issued jointly by the said ministries.[5]
The employer may not set off a claim against the employee against the wage debt without the employee’s consent. However, claims arising from damage caused intentionally by the employee, as established by a judicial decision, may be set off up to the attachable portion of the wage.
Agreements providing that the wage will be used for the benefit of the employer are invalid.
Article 408 – a. In the event of the employer’s default
If the employer, through the employer’s fault, prevents performance of the obligation to work or is in default in accepting performance, the employer is obliged to pay the employee’s wage and may not require the employee to perform that obligation at a later time. However, the expenses the employee is spared as a result of the prevention, and benefits the employee earns by doing other work or knowingly refrains from earning, shall be deducted from the wage.
Article 409 – b. In the event that the employee stops working
In a long-term service relationship, if, through no fault of the employee, the employee is unable to perform the obligation to work for a short period in proportion to the period worked, for reasons such as illness, military service or work required by law, the employer is obliged to pay the employee an equitable wage for that period, unless it is covered by another means.
Article 410 – 4. Attachment, assignment and pledging of wage claims
No more than one quarter of employees’ wages may be attached, assigned to another person or pledged. However, the amount determined by the judge for the employee’s family members whom the employee is obliged to support is not included in this proportion. The rights of maintenance creditors are reserved.
The assignment or pledging of future wage claims is invalid.
Article 411 – a. Provision of work
If the employee has undertaken under the contract to perform work exclusively for one employer and solely on a piecework or lump-sum basis, the employer is obliged to provide the employee with sufficient work.
If, through no fault of the employer, the employer is unable to provide the piecework or lump-sum work specified in the contract, or if business conditions temporarily require it, the employer shall pay the employee on a time basis. In that case, if the time-based wage has not been specified in the agreement, service contract or collective employment contract, the employer is obliged to pay the employee a wage equivalent to the average wage previously earned on a piecework or lump-sum basis.
An employer unable to provide piecework, lump-sum or time-based work is obliged at least to pay the wage that would be payable for time-based work under the provisions on default in accepting performance of the obligation to work.
Article 412 – b. Unit wage
If the employee has undertaken under the contract to work on a piecework or lump-sum basis, the employer is obliged to notify the employee of the unit wage payable for each piece of work before that work begins.
An employer who fails to give this notification is obliged to pay the unit wage determined for the same or similar work.
Article 413 – II. Tools and materials
Unless otherwise agreed or provided by local custom, the employer is obliged to provide the employee with the tools and materials necessary for the work.
If the employee, by agreement with the employer, allocates the employee’s own tools or materials to the performance of the work, the employer is obliged to pay the employee appropriate compensation for them, unless otherwise agreed or provided by local custom.
Article 414 – 1. In general
The employer is obliged to pay all expenses required for the performance of the work and, if the employee is employed outside the workplace, the expenses necessary for the employee’s subsistence as well.
A written employment contract or collective employment contract may provide for expenses agreed to be borne personally by the employee to be paid to the employee as a lump sum on a daily, weekly or monthly basis. However, this payment may not be less than the amount needed to cover the necessary expenses.
Agreements requiring the employee personally to bear some or all of the necessary expenses are invalid.
Article 415 – 2. Means of transport
If, by agreement with the employer, the employee uses a means of transport provided by the employer or by the employee for the performance of the work, the ordinary expenses necessary to operate and maintain the vehicle shall be borne by the employer to the extent it is used for the service.
If, by agreement with the employer, the employee uses the employee’s own motor vehicle in performing the work, the employer is also obliged to pay the employee, to the extent the vehicle is used for the service, the tax relating to the vehicle, the compulsory motor third-party liability insurance premium and appropriate compensation for wear and tear on the vehicle.
If, by agreement with the employer, the employee uses other means of transport or animals belonging to the employee in performing the service, the employer is obliged to cover the ordinary expenses necessary for their use and maintenance to the extent they are used for the service.
Article 416 – 3. Payment of expenses
Unless a shorter period has been agreed or local custom provides otherwise, the employee’s claim arising from expenses incurred shall be paid each time together with the wage.
If the employee regularly incurs expenses to fulfil contractual obligations, an appropriate advance shall be paid to the employee at regular intervals, at least once a month.
Notes
[5] By Article 190 of Decree Law No. 700 dated 2/7/2018, the phrase “the Ministry of Labour and Social Security, the Ministry of Finance and the Minister of State responsible for the Undersecretariat of Treasury jointly” in this paragraph was amended to read “the Presidency”.