Alanya Employment Lawyer

Severance and Notice Pay Lawsuits

Severance pay amounts to 30 days’ wages for each full year of service from the employee’s start date for as long as the employment contract continues; periods exceeding one year are included pro rata (former Labour Act No. 1475, Art. 14). The right arises where the employer terminates other than for just cause based on conduct contrary to morality and good faith, where the employee terminates for just cause, and in the cases listed in the law such as military service, retirement or death (Act 1475 Art. 14; Act 4857 Art. 24-25). The law sets an upper limit (ceiling) for severance pay; as the current amount changes periodically, it is not stated on this page and should be checked from an official source.

Notice pay arises where the contract is terminated without observing the notice periods. Depending on the employee’s length of service, the notice periods are two, four, six or eight weeks; the party failing to give notice pays compensation equal to the wages for the notice period (Act 4857 Art. 17). Correct calculation of both types of compensation depends on correctly establishing the length of service, the wage and the reason for termination; we review these items together with payroll and SGK records.

Overtime, Annual Leave and Wage Claims

Unpaid overtime, failure to pay for unused annual leave and late or partial payment of wages are frequent disputes in the tourism sector. Normal working time is at most forty-five hours per week (Act 4857 Art. 63). Work exceeding forty-five hours per week is overtime; each hour is paid at the normal hourly wage increased by fifty percent, the employee may choose time off instead of the increased pay, overtime requires the employee’s consent and may not exceed 270 hours per year (Art. 41). If the employee’s wage is not calculated in accordance with the law or the contract, this may also entitle the employee to terminate for just cause (Art. 24/II-e).

As a rule, the party deriving a right from a fact bears the burden of proof (Code of Civil Procedure (HMK), Art. 190); therefore timesheets, shift schedules, payslips, workplace entry-exit records and witness statements are assessed as evidence. A recent change: HMK Art. 107, which governed the unquantified claim action frequently used in employee receivables cases, was repealed by Act No. 7589 on 31/7/2026; where only part of a claim is sued for, the possibility of increasing the claim once until the end of the investigation stage is regulated by HMK Art. 109/4.

Reinstatement Lawsuits

Employees covered by job security may file a reinstatement lawsuit if they are dismissed without a valid reason or if the stated reason is not valid. Job security applies to employees with at least six months’ seniority working under an indefinite-term contract in a workplace employing thirty or more employees (Act 4857 Art. 18). The employee must apply to a mediator within one month of service of the termination notice; if no agreement is reached, a lawsuit may be filed before the labour court within two weeks from the date of the final mediation report (Art. 20). The burden of proving that the termination was based on a valid reason lies with the employer.

If the termination is declared invalid, the employee must apply to the employer within ten working days of service of the final judgment, and the employer must reinstate the employee within one month of the application. If the employee is not reinstated, compensation of at least four and at most eight months’ wages is paid; wages and other entitlements for up to four months for the period the employee did not work until the judgment became final are also paid (Art. 21).

Mobbing (Psychological Harassment) Lawsuits

Systematic psychological pressure, humiliation and exclusion at the workplace are considered mobbing and may justify both a claim for non-pecuniary damages and termination of the employment contract for just cause. The employer is obliged to take the necessary measures to prevent employees from being subjected to psychological and sexual harassment (Turkish Code of Obligations (TBK), Art. 417); an employee whose personality rights are violated may claim non-pecuniary damages (TBK Art. 58). If the employee reports sexual harassment at the workplace to the employer and no measures are taken, the employee may terminate the contract for just cause (Act 4857 Art. 24/II-d); the right to terminate for just cause must be exercised within six working days of learning of the incident and in any case within one year of the act (Art. 26). We help you document the process, gather your evidence and prepare your case.

Compensation Lawsuits Arising from Workplace Accidents and Occupational Diseases

Losses resulting from a workplace accident or occupational disease that are not covered by the SGK may be claimed from the employer. If the accident is found to result from the employer’s fault, criminal liability may also arise; these cases are conducted in coordination with criminal law.

The employer must report a workplace accident to the police immediately and to the SGK within three working days after the accident at the latest (Social Security Act No. 5510, Art. 13). If the accident resulted from the employer’s intent or breach of occupational health and safety legislation, payments made by the SGK may be recovered from the employer (Art. 21). Bodily injury damages include in particular medical expenses, loss of earnings, losses due to reduced capacity to work and losses due to impaired economic prospects (TBK Art. 54); non-pecuniary damages may also be claimed for injury to bodily integrity (TBK Art. 56). In workplace accident compensation actions, the courts of the place where the accident or damage occurred and of the employee’s domicile also have jurisdiction (Act 7036 Art. 6/3). An additional provision on the start of interest for compensation based on loss of capacity to work was added to TBK Art. 55 by Act No. 7589.

Determination of Service (Uninsured Employment) Lawsuits

Registering periods of uninsured or under-reported work by court decision directly affects your pension entitlement. Insured persons for whom no monthly premium and service document was submitted, or whose work could not be detected by the SGK, may prove their employment by applying to the labour court within five years from the end of the year in which the service was performed (Act 5510 Art. 86). A determination of service lawsuit against the employer is notified ex officio to the SGK (Act 7036 Art. 4/2). Evidence is gathered to prove the true nature of the employment period through witness statements and circumstantial evidence.

Representation in Mandatory Mediation

In lawsuits concerning employee or employer receivables and compensation based on law, individual or collective labour agreements, and in reinstatement claims, an application to a mediator is mandatory before a lawsuit may be filed. The application is made to the mediation office at the opposing party’s domicile or the place where the work is performed; the mediator concludes the application within three weeks of appointment, which may be extended by at most one week where necessary; from the application until the final report, limitation periods are suspended and time limits for forfeiture do not run (Act 7036 Art. 3). We represent our clients in mediation meetings and ensure that claims are calculated correctly.

Advice for Employers on Employment Contracts, Termination and Defence Procedures

Lawfully structured employment contracts and workplace regulations prevent disputes that may arise in the future. We provide preventive advice to employers, from obtaining the employee’s defence before termination to warning procedures.

The employer must give notice of termination in writing and state the reason for termination clearly and precisely; a contract may not be terminated for reasons related to the employee’s conduct or performance without obtaining the employee’s defence (Act 4857 Art. 19). Notices resulting in termination of the employment contract must in all cases be made in writing; Art. 109 as amended by Act No. 7555 must also be considered regarding sending notices via registered electronic mail (KEP) and electronic messages subject to the employee’s written consent. The employer’s right to terminate for just cause must also be exercised within six working days of learning of the act (Art. 26).

Work Permits and Employment of Foreign Nationals

Preparation of work permit applications for foreigners working or employed in Alanya, objections to refusal decisions and administrative court proceedings, as well as challenges to administrative fines imposed on employees and employers for unauthorised employment, are handled under the International Labour Force Act No. 6735.

Refusal to Work When Wages Are Not Paid

We advise on and litigate the right of an employee whose wages are not paid within twenty days of the payment date, other than for force majeure, to refuse to work, and the claim for the highest interest rate applied to deposits on the late wages (Act 4857 Art. 34).

Discrimination Compensation (Breach of the Principle of Equal Treatment)

Where there is discrimination based on language, race, sex, religion, political opinion or similar grounds, or a breach of the duty of equal treatment, the employee’s compensation of up to four months’ wages and the rights of which the employee was deprived are claimed through mediation and litigation (Act 4857 Art. 5).

Bad-Faith Compensation

Where the contract of an employee not covered by job security is terminated by abuse of the right of termination, evidence is gathered and mediation and court proceedings are conducted for bad-faith compensation equal to three times the wages for the notice period (Act 4857 Art. 17/6).

Trade Union Compensation and Disputes Concerning Trade Union Rights

We act for employees or employers in claims for trade union compensation of not less than one year’s wages by an employee dismissed or discriminated against because of trade union membership or activity, and in disputes concerning trade union rights (Trade Unions and Collective Labour Agreements Act No. 6356, Art. 25).

Non-Compete and Confidentiality Agreements

We draft and review the validity of non-compete and confidentiality clauses for the period after termination of employment, which must be in writing and, save in special circumstances, may not exceed two years, and conduct contractual penalty and damages actions arising from breaches (TBK Art. 444-447).

Subcontractor and Principal Employer Liability

This covers asserting the joint and several liability of the principal employer with the subcontractor for the receivables of the subcontractor’s employees, establishing sham subcontracting relationships and drafting subcontracting agreements for employers (Act 4857 Art. 2).

Transfer of Undertaking and Change of Employer

We advise and litigate on the transfer of employment contracts to the transferee when a workplace or part of it is transferred, the joint liability of transferor and transferee for debts that arose before the transfer (the transferor’s liability is limited to two years), and the protection of employees’ rights when hotel businesses change hands (Act 4857 Art. 6).

Collective Redundancies and Restructuring

In collective dismissals for economic, technological or structural reasons, we handle the notification that must be made at least thirty days in advance to the workplace trade union representatives, the relevant regional directorate and the Turkish Employment Agency (İŞKUR), the planning of the process for employers and the review of terminations for employees (Act 4857 Art. 29).

Occupational Health and Safety and Objections to Administrative Fines

Employers are advised on their risk assessment, training and reporting obligations under the Occupational Health and Safety Act No. 6331; administrative fines imposed following inspections are challenged before the criminal judgeship of peace within fifteen days of service (Misdemeanours Act No. 5326, Art. 27).

Enforcement of Employee Receivables

Enforcement proceedings based on court judgments and on mediation agreements having the force of a judgment, attachment procedures and the registration of employee receivables with priority ranking in the employer’s concordat or bankruptcy are handled under the Enforcement and Bankruptcy Act No. 2004 (İİK).

Appeal and Cassation Proceedings

Appeals against labour court judgments are filed with the regional court of appeal within two weeks of service, and appeals on points of law against non-final regional court of appeal decisions are filed with the Court of Cassation (Yargıtay), also within two weeks; responses are also submitted to appeals filed by the opposing party (HMK Art. 345, Art. 361).