Employing people in Turkey involves navigating a comprehensive legal framework that encompasses various aspects of the employer-employee relationship. By understanding and adhering to the country's labor laws, employers can maintain a fair and transparent work environment while minimizing the risk of legal disputes. Moreover, these laws ensure the protection of employee rights, promote a healthy work-life balance, and foster an environment that encourages innovation and growth.
Labor Law No. 4857, enacted in 2003, governs the employer-employee relationship in Turkey. The law covers a wide range of employment-related issues, including contracts, working hours, annual leave, and termination. It aims to protect employees from unfair treatment and ensure a safe and healthy working environment.
Turkish Code of Obligations No. 6098, enacted in 2012, addresses various aspects of contract law, including employment contracts. It outlines the responsibilities and duties of both parties and provides a legal framework for resolving disputes.
Law on the Protection of Personal Data No. 6698, enacted in 2016, regulates the processing of personal data and ensures the protection of privacy. It applies to employers handling employee data and establishes rules for data collection, processing, storage, and transfer.
Employers in Turkey must contribute to social security taxes, which include retirement, unemployment, and health insurance. The Social Insurance and General Health Insurance Law No. 5510 governs these contributions, which are calculated based on the employee's gross salary. These taxes provide financial security and access to healthcare services for employees.
In addition to social security contributions, employers must also provide standard benefits such as annual leave, paid sick leave, maternity leave, and military leave, as outlined in Labor Law No. 4857. These benefits help maintain employee well-being and satisfaction.
Labor Law No. 4857 also outlines the procedures for terminating employees. Employers must have a valid reason for dismissal, such as poor performance or misconduct. They must also provide written notice and severance pay, depending on the employee's tenure. The law ensures that employees are not unfairly dismissed and have an opportunity to seek legal recourse if necessary.
The Law on the Protection of Personal Data No. 6698 also governs the confidentiality of employee records. Employers must take adequate measures to protect employee data and ensure that it is only used for legitimate purposes.
Non-competition agreements, which prevent employees from sharing trade secrets or working for a competitor, are regulated under the Turkish Code of Obligations No. 6098. These agreements must be reasonable in scope, duration, and geographical limits to be legally enforceable. Additionally, employers may be required to provide financial compensation to the employee during the non-competition period.