Owing to the very nature of the tourism and hospitality sector, business activity is concentrated in certain months, while at the end of the season hotels either close completely or their staffing needs fall sharply; this gives rise to seasonal employment relationships. Under this working pattern, the suspension of the employment contract at the end of the season, whether wages and SGK (Social Security Institution) premiums must be paid during the winter months, the conditions of termination where the worker is not recalled in the new season, and the rights to severance pay and notice pay are among the disputes most frequently brought before the courts by hotel staff and employers alike.
In Antalya, Alanya, Manavgat, Side, Kemer, Konaklı, Mahmutlar and Gazipaşa, the driving force of Turkey’s tourism industry, hundreds of thousands of hotel workers are employed under the seasonal work regime. Having staff sign pre-printed resignation letters at the end of the season, employing them without insurance on renovation and maintenance work at the hotel while they are officially suspended in winter, or failing to recall a long-serving worker when the new season opens and hiring new staff in their place can lead to irreparable losses of rights.
In this comprehensive legal guide, the legal nature of the seasonal employment contract, the limits of the suspension period, the wage and SGK premium regime, the termination consequences of not being recalled to work, and the principles for calculating severance pay and notice pay are examined in the light of the Labour Law No. 4857, Article 14 of Law No. 1475, the Social Insurance and General Health Insurance Law No. 5510 and the settled case law of the Assembly of Civil Chambers of the Court of Cassation (Yargıtay).
Seasonal Work and the Legal Nature of the Seasonal Employment Contract
Seasonal work is work carried out at workplaces where activity takes place only during a certain period of the year, or where, even though activity continues throughout the year, it is concentrated in certain periods. Seasonal hotel work in tourism is, as a rule, performed under an employment contract of indefinite duration; the end of the season does not automatically terminate the contract — the contract is suspended.
Court of Cassation Criteria and the Seasonal Nature of the Work: According to the decisions of the Court of Cassation, for work to be considered seasonal, the working pattern of the workplace must have a periodic character dependent on natural events, climatic conditions or the tourist season. In the tourism sector, the fact that a hotel is open for accommodation only in the summer or only in the winter months is strong evidence of seasonal work. However, the fact that a worker is employed intermittently or with breaks does not, on its own, show that the work is seasonal.
When determining whether the work in a specific case is seasonal, the courts examine the following matters together:
- Whether the activity of the workplace is genuinely concentrated in certain months of the year,
- Whether the hotel remains completely closed outside the season, or stays open all year round and merely reduces the number of employees,
- Whether the duty performed by the worker is seasonal by its nature (housekeeping attendant, animator, service staff) or permanent work lasting all year (hotel manager, chief accountant, head of security, permanent technical maintenance),
- The official opening and closing dates of the business as recorded with the municipality, the law enforcement authorities (police/gendarmerie) and the Provincial Directorate of Tourism,
- SGK service records, monthly premium and service declarations, card access records and bank salary payments.
Fixed-Term or Indefinite? Under Article 11 of the Labour Law No. 4857, only contracts concluded for a single season on an objective ground may be fixed-term. However, if the worker starts work again at the same hotel every season without interruption, or if contracts are renewed every year in a chain, the relationship is regarded as a seasonal employment contract of indefinite duration. In such contracts, the end of the season does not mean termination; the contract legally remains suspended until the start of the new season.
The Suspension Process at the End of the Season and the Status of Mutual Obligations
In an indefinite seasonal employment relationship, the closing of the season is not deemed a termination; the employment contract is suspended until the start of the new season. During the suspension, the worker’s obligation to work and the employer’s obligation to pay wages are temporarily suspended; however, the contractual bond between the parties continues, as do the worker’s duty of loyalty and the employer’s duty of equal treatment.
Legal Nature of the Suspension: According to the settled case law of the 9th Civil Chamber of the Court of Cassation, a seasonal worker’s departure from the workplace at the end of the season does not terminate the employment contract; the relationship remains suspended until the beginning of the new season. Therefore, severance pay and notice pay cannot be claimed on the ground of “I was dismissed” based solely on a notice of suspension or the end of the season.
During the suspension period, the legal status of the parties is subject to the following rules:
- The Worker’s Obligation to Work: As a rule, this is suspended outside the season; the worker is not obliged to be present at the workplace.
- The Employer’s Obligation to Pay Wages: As a rule, this is suspended because no actual work is performed.
- Duty of Loyalty and Confidentiality: Since the employment contract between the parties legally continues, the worker’s obligation to protect business secrets and not to harm the employer persists.
- The Employer’s Duty of Equal Treatment and Care: In planning the new season, in recalls and in working conditions, the employer may not arbitrarily discriminate between its workers.
Unilateral Suspension Imposed by the Employer (Labour Law Art. 22): In permanent work that is not seasonal in nature and is carried on throughout the year, or while the season is still in progress, the employer’s unilateral placement of the worker on unpaid suspension without their consent is not legally valid. Under Article 22 of the Labour Law No. 4857, this measure, which constitutes a material change in working conditions, cannot be applied without the worker’s written consent; otherwise it is deemed a de facto termination by the employer and the worker becomes entitled to severance and notice pay.
Are Wages and SGK Premiums Paid During the Suspension Period?
During a genuine seasonal suspension period, since there is no actual work and no related earnings, the employer is not obliged to pay a fixed monthly salary or to pay SGK premiums. However, if the contract provides for a special waiting allowance, or if the worker is actually made to work during the winter months, wages and premiums must be paid in full.
General Rule: Suspension of the Principal Mutual Performances: In labour law, wages are consideration for the work performed by the worker. During the off-season suspension period, the worker is not actually working and is not under the employer’s orders and instructions, and therefore does not earn the normal salary. Likewise, since SGK premiums under Law No. 5510 depend on earnings subject to premiums, the employer has no obligation to declare 30 days of premiums each month during the months of suspension when there is no actual work.
Exception 1: Contractual Waiting Pay / Suspension Allowance: If an individual employment contract, a collective labour agreement or a binding workplace custom provides that a fixed waiting wage or winter support will be paid between seasons in order to prevent staff from leaving, the employer cannot avoid this payment by relying on the suspension.
Exception 2: Recorded as Suspended but Actually Working (the Winter Renovation and Preparation Trap): One of the most common irregularities that employers in tourism resort to is showing staff on paper and in SGK records as suspended or on unpaid leave, while having them work during the winter on painting, construction and renovation, general cleaning, garden maintenance or technical preparation at the hotel. The worker is entitled to claim the full wage for every day actually worked. The employer’s defence that “you were recorded as suspended on the payroll” will not be heard. Once actual work is proven, the unpaid wages are recovered with interest, and service determination is obtained for the days under-reported to SGK so that the premiums are collected from the employer. For detailed information on disputes concerning dismissal codes and SGK exit notifications, see our article on SGK exit code 46 and its legal consequences.
Not Being Recalled in the New Season and Termination by the Employer
If the employer does not invite the worker back or does not let them start work even though the usual season opening date of previous years has arrived, this is deemed a de facto termination by the employer. Since the contract is considered to have been unjustly terminated by the employer, the worker becomes entitled to severance pay and notice pay.
Settled Case Law of the Constitutional Court and the Court of Cassation: As clearly stated in the decisions of the Constitutional Court (AYM) and the Assembly of Civil Chambers of the Court of Cassation, the employment contract of staff who leave the workplace due to suspension in seasonal work remains suspended until the start of the following year’s season. The contract of a worker who is not recalled or not taken back at the start of the new season is deemed to have been unjustly terminated by the employer.
Is a Late Recall Deemed a Termination? Where it is known that, according to the practice of previous years, a hotel starts operating, for example, every April, and the business opens its doors in April but the worker is kept waiting and only called back in July, this is not accepted as a valid invitation to return to work. The Court of Cassation regards the failure of a business that starts operating at the beginning of the season to recall its staff in time as a termination, and emphasises that the employer’s delayed recall does not remove its liability for the termination.
The statutory rights that a seasonal worker who is not recalled in the new season may claim are as follows:
- Severance Pay: Paid to a worker whose total actual working time is at least one full year (365 days).
- Notice Pay: Under Article 17 of Law No. 4857, the wage for the notice period corresponding to the total length of service is paid.
- Reinstatement Lawsuit: Workers covered by job security (at a workplace employing 30 or more workers and with at least 6 months’ seniority) may file a reinstatement lawsuit after applying to mandatory mediation within 1 month from the date of termination.
- Unpaid Employment Receivables: Overtime, national holiday and general holiday (UBGT) pay, weekly rest day pay and outstanding wages may be claimed together with statutory interest.
The Worker Filing a Lawsuit or Working Elsewhere During the Suspension Period
If the worker files a lawsuit without waiting for the start of the new season, while the contract is still suspended, this is regarded as a de facto termination by the worker. If it qualifies as a termination for just cause because wage receivables were not paid, severance pay may be obtained; however, since the worker terminated the contract, notice pay cannot be claimed.
The Legal Risk of Filing a Lawsuit While the Suspension Continues: In the decisions of the 7th Civil Chamber of the Court of Cassation, a worker whose contract is suspended filing a lawsuit in the labour court without waiting for the start of the new season is regarded as a termination by the worker. If the worker’s wages, overtime, weekly rest day or public holiday pay from previous seasons have not been paid, the conditions for termination for just cause under Article 24/II-e of Law No. 4857 are met and severance pay is awarded. However, since the intention to terminate originated from the worker, notice pay is rejected entirely.
Indefinite Long-Term Suspension and Termination for Just Cause: If the employer keeps the business closed and keeps staff suspended for an indefinite and unusually long period, depriving the worker of income, this constitutes a material change in working conditions. The Court of Cassation accepts that, in cases of arbitrary suspension exceeding a reasonable period, the worker may terminate the contract for just cause under Article 24/II-f of the Labour Law and claim severance pay.
Working at Another Hotel or in Another Sector During the Suspension: During the suspension period in the winter months, when the hotel is closed and the employer pays no wages, the worker’s temporary employment at another workplace (for example, at winter tourism resorts, in restaurants or in agriculture) in order to make a living does not, on its own, breach the duty of loyalty. However, when the new season opens and the original employer issues a proper invitation to return to work, the worker must return to their post. An employee who fails to report for work without a valid excuse is deemed absent without leave and loses their compensation rights.
Principles for Calculating Severance Pay and Notice Pay in Seasonal Work
In seasonal work, severance pay is calculated not on the basis of calendar years, but by adding together the periods the worker actually worked and the periods legally deemed to have been worked; the winter months spent in suspension without work are not added to seniority. The severance pay ceiling applied is the one in force at the date of the new season on which the contract was terminated.
Rule of Aggregating Actual Working Periods: Under Article 14 of Law No. 1475, in order to be entitled to severance pay, at least 1 year (365 days) of actual work must be completed at workplaces belonging to the same employer. According to the well-established practice of the Court of Cassation, in intermittent seasonal work the months actually worked each year are aggregated; periods spent in suspension between seasons, with no actual work, are not included in the seniority calculation.
Example Calculation: For a worker who has actually worked 6 months every season for 4 consecutive years at a hotel, the period on which severance pay is based is not 4 calendar years but 4 x 6 = 24 months (2 years). Severance pay will therefore be calculated on the basis of 2 full years.
Determining the Severance Pay Ceiling: In a seasonal employment relationship, the employer’s termination as a rule occurs by not letting the worker start work at the beginning of the new season. Therefore, when calculating the severance pay ceiling, the reference is not the ceiling in force when the worker closed the previous season, but the severance pay ceiling set by the Ministry of Treasury and Finance in force at the start of the new season when the worker should have been recalled.
Calculation of Notice Pay: Under Article 17 of the Labour Law, an employer who de facto ends an indefinite seasonal employment contract without observing the notice period is obliged to pay notice pay equal to the notice period (2, 4, 6 or 8 weeks) corresponding to the worker’s aggregated actual length of service.
Annual Paid Leave Exception (Labour Law Art. 53/3): Under Article 53/3 of the Labour Law No. 4857, the provisions on annual paid leave do not apply to employees in seasonal work which by its nature lasts less than a year. However, if the hotel stays open all year and staff are employed in a permanent position, the mere fact that the employer registers them with SGK intermittently does not eliminate the right to annual leave.
Key Principles of Seasonal Employment Law and Comparison Table
The key legal institutions that apply to seasonal hotel employees, their statutory basis and the rules applied in court practice are summarised in the comparison table below:
| Legal Institution | Statutory Basis | Basic Rule and Principle of Application | Key Exception / Court of Cassation View |
|---|---|---|---|
| Nature of the Contract | Law No. 4857 Art. 11 | Regularly recurring seasonal work is of indefinite duration | Only objective single-season work is fixed-term |
| End-of-Season Suspension | Court of Cassation Case Law | The relationship does not end; mutual performances are suspended | Termination compensation cannot be claimed based solely on the suspension |
| Winter Wages and Premiums | Law No. 5510 & Turkish Code of Obligations (TBK) | No wages or SGK premiums arise if there is no actual work | If maintenance/renovation work was actually done, full pay and premiums are required |
| Not Recalled in the New Season | Labour Law Art. 17 | Deemed termination by the employer; severance and notice pay arise | A delayed recall of staff after the hotel has opened is also a termination |
| Filing a Lawsuit During Suspension | Labour Law Art. 24/II | Deemed termination by the worker; severance pay may be obtained for just cause | Since the worker ended the contract, notice pay is rejected |
| Calculation of Severance Pay | Law No. 1475 Art. 14 | Only actual working periods are aggregated | Winter months spent in suspension without work are not counted |
| Annual Paid Leave | Labour Law Art. 53/3 | Does not apply to seasonal work lasting less than a year | If the hotel is open all year and the work is permanent, the right to leave is preserved |
Seasonal Worker Scenarios in Practice and Their Legal Consequences
In tourism and hospitality disputes, the question of which party the intention to terminate came from directly determines the fate of severance and notice pay rights. The legal consequences of the parties’ conduct are shown in the scenario table below:
| Specific Situation / Scenario | Legal Characterisation | Severance Pay | Notice Pay | Required Legal Step |
|---|---|---|---|---|
| The hotel did not invite the worker back at the opening of the new season | Unjust Termination by the Employer | Entitled (Seniority >= 1 Year) | Entitled | Notarial warning letter + Mediation |
| The worker sued in winter for outstanding receivables | Justified Termination by the Worker (Art. 24/II) | Entitled | Not Entitled | Proof of unpaid wages and overtime |
| The employer issued a proper recall, but the worker did not go | Unjustified Termination by the Worker / Absenteeism | Loses | Loses | A document proving a valid excuse must be submitted |
| The hotel had staff sign pre-printed resignations at the end of the season | Invalid Document / Defect of Consent | Entitled | Entitled | Proof of invalidity through the actual circumstances and witnesses |
| Staff were employed without insurance in winter while suspended | Unregistered Employment & Termination for Just Cause | Entitled | Depends on Conditions | Service determination lawsuit + Report to the authorities |
| The hotel recalled staff months after the usual season start | Unjust Termination by the Employer | Entitled | Entitled | Opening dates are proven by official records |
Pre-Printed Resignation Documents in the Hotel Sector and the Evidence to Be Collected
Pre-printed resignation letters obtained from staff at the close of the season in order to waive severance pay are held invalid by the Court of Cassation on the grounds of defect of consent and inconsistency with the ordinary course of life. In disputes, official records and data on actual work are decisive.
Legal Invalidity of Pre-Printed Resignation Documents: At tourist accommodation facilities, it is common in practice for dozens of employees to be made to sign pre-printed, standard-text resignation letters or releases on the same day at the end of the season. Taking together the facts that the workplace is a tourist hotel, that numerous staff were made to sign pre-printed documents on the same date, that a worker voluntarily leaving and waiving severance pay is incompatible with the ordinary course of life, and that the same worker was re-employed at the start of the following season, the Court of Cassation consistently rules that no credence is to be given to such resignation letters.
Vital Evidence to Be Collected in Seasonal Employment Cases: To avoid losing rights in seasonal employment cases, the main evidence that should be submitted to the court and in the mediation process is as follows:
- The written employment contract, job descriptions and seasonal suspension notices served on the parties,
- Letters inviting the worker back at the start of the season, SMS and WhatsApp messages, e-mail correspondence and notarial warning letters,
- SGK registration and service records, and entry and exit declarations for previous seasons,
- Turnstile, card access or fingerprint log records, shift schedules and daily attendance sheets,
- Bank salary account transactions and payment receipt descriptions,
- The hotel’s official seasonal opening and closing notifications to the municipality, the police/gendarmerie and the Provincial Directorate of Tourism,
- Invoices for renovation, painting and technical repairs carried out in winter, material delivery forms and statements of workplace witnesses,
- Pre-printed resignation forms that were signed, and evidence showing the circumstances in which these documents were drawn up.
Mandatory Mediation as a Precondition to Suit (Law No. 7036 Art. 3): Under Article 3 of the Labour Courts Law No. 7036, applying to a mediation office before filing a lawsuit is a mandatory precondition for claims for severance and notice pay, wages, overtime or reinstatement arising from a seasonal employment contract. If no agreement is reached at the mediation stage, a lawsuit should be filed in the competent labour court together with the final mediation report.
Frequently Asked Questions
Is a hotel employee whose employment contract is suspended at the end of the season paid wages?
In a genuine seasonal employment relationship, with the close of the season the worker’s obligation to work and the employer’s obligation to pay wages are mutually suspended; for this reason, as a rule no wages are paid for the winter period in which no work is done. However, if the employment contract provides for a special waiting wage for the off-season, or if the worker is actually made to work on the hotel’s winter maintenance and renovation, the wages for the days worked must be paid in full.
Are the suspension periods between seasons included in a seasonal worker’s severance pay calculation?
No. Under Article 14 of Law No. 1475 and the case law of the Court of Cassation, in intermittent seasonal work only the periods in which the worker actually worked for the same employer and the periods legally deemed to have been worked are aggregated. Suspension periods between seasons in which there is no actual work are, as a rule, not included in the severance pay calculation.
What should a worker do if hotel management does not recall them even though the new season has started?
An employee who has not been invited back even though the business’s usual opening period of previous years has arrived should immediately send a warning letter through a notary stating their willingness to start work, and have the situation put on record. If they are not allowed to start work, they should initiate the mandatory mediation process under Law No. 7036 and claim severance pay, notice pay and, where the conditions are met, reinstatement.
Is a pre-printed resignation letter signed at the end of the season at the request of hotel management valid?
As a rule, the Court of Cassation gives no credence to pre-printed resignation documents signed collectively by workers at season closings in the tourism sector. Such documents, which do not reflect the worker’s true intention, are obtained under pressure and contradict the worker’s re-employment at the start of the following season, are held invalid by the courts, and the worker’s rights to severance and notice pay are protected.
Does working at another hotel or workplace during the suspension period breach the contract?
No. During the winter months when the employer pays no wages and the contract is suspended, the worker’s temporary work at another workplace to earn a living does not, on its own, amount to a breach of the duty of loyalty or a resignation. However, when the original employer issues a proper recall at the opening of the new season, the worker must return to their post; a worker who fails to report for work without an excuse may lose their compensation rights.
Conclusion and Legal Assessment
The seasonal work regime in the tourism and hospitality sector involves highly technical details concerning the determination of end-of-season suspension processes, the establishment of actual work during the winter months, the procedures for recalling workers in the new season, pre-printed resignation traps and the rules for calculating compensation. Practices whereby employers hide behind “suspension” to dismiss workers without compensation or employ them off the books do not survive judicial review.
Especially in our coastal cities where tourism is intensive, above all Antalya and Alanya, it is advisable to seek professional legal advice from a lawyer at every stage — from drafting seasonal employment contracts and sending notarial warning letters to mandatory mediation negotiations and labour court proceedings — in order to avoid losing rights.
Legal Notice: This text has been prepared for general information purposes only and does not constitute legal advice. sophoshukuk.com makes no referral, guarantee or promise of outcome. Each case must be assessed on its own particular circumstances; for your specific dispute, please obtain professional advice from a lawyer.