Labour law in Türkiye

There are currently over 8,000 German companies or Turkish companies with German capital participation operating in Türkiye. Turkish labour law is therefore playing an increasingly important role in German-Turkish legal relations. A comparison of German and Turkish labour law reveals that the two legal systems are essentially very similar. For example, both Germany and Turkey have strict requirements for effective dismissal, minimum holiday entitlement and working time regulations. Both legal systems are very mature. Although there are differences in the specific organisation of individual areas of regulation, these are discussed in more detail below.

Establishment of the employment relationship

There are no differences in the effective establishment of an employment relationship. In both countries, an employment contract can generally be concluded without any formal requirements - i.e. verbally or in writing. An employment relationship exists if a person undertakes to perform work subject to instructions in return for remuneration.

Under German law, the written form is mandatory for an effective fixed-term contract (Section 14 (4) TzBfG). In Turkish labour law, however, the written form requirement only applies in certain cases - in particular for fixed-term contracts with a term of at least one year. In addition, a written agreement is also required by law for special forms of contract such as work on call, remote work or labour contracts (for the employment of seafarers on ships). If the written form is not complied with, the employment relationship as such remains effective and - in accordance with German labour law - is deemed to be for an indefinite period.

Working hours

In Germany, the working day may not exceed eight hours. This results in a maximum weekly working time of 48 hours. Under certain conditions, the daily working time can be extended to up to ten hours if it does not exceed an average of eight hours within a six-month period (Section 3 ArbZG).

In Turkish labour law, the regular weekly working time is a maximum of 45 hours. This time must generally be spread evenly over the working days of the week, but can be flexibly organised through a so-called "compensation regulation (Turkish: denkleştirme)". However, the daily working time may not exceed 11 hours. Within a compensation period of two months (or up to four months in the case of collective agreements), the average weekly working time may not exceed 45 hours.

The following applies to overtime in Turkey: it is only permitted with the employee's consent and may not exceed 270 hours per year (Art. 41 p. 6 and 7 İş Kanunu). Each hour of overtime is remunerated with a 50% supplement. Alternatively, time off in lieu may be granted.

Probationary period

In Germany, a probationary period of up to six months is often agreed - this also corresponds to the maximum period permitted by law (Section 622 (3) BGB). In Turkish labour law, a probationary period is also possible, but is limited by law to two months. In collective agreements, the probationary period can be extended to up to four months (Art. 15 İş Kanunu).

Holiday leave

There is a significant difference in the statutory holiday regulations. In Germany, the minimum holiday entitlement is 24 working days with a six-day week. In Türkiye, on the other hand, holiday entitlement is based on the length of employment: employees who have been with the company for between one and five years are entitled to at least 14 days' holiday. After five years, the entitlement increases to at least 20 days, and for more than fifteen years to at least 26 days. As in Germany, holiday entitlement in Turkey can also be extended by collective agreement or individual agreement.

Minimum wage

In Germany, the statutory minimum wage has been €12.82 gross per hour since 1 January 2025. It applies to all employees unless higher industry-specific minimum wages apply. In June 2025, the Minimum Wage Commission recommended that the statutory minimum wage should increase in two further stages: From January 2026, it should be set at 13.90 euros gross per hour and from January 2027 at 14.60 euros.

Türkiye has already had a statutory minimum wage for many years. For 2025, the gross monthly minimum wage has been set at 26,005.50 Turkish lira (net 22,104.67 Turkish lira, equivalent to around 465 euros). This amount applies to full-time employees and is regularly reviewed and adjusted by the "Asgari Ücret Tespit Komisyonu" (Minimum Wage Determination Commission).VI. Termination of the employment relationship

Employment relationships can be terminated under both German and Turkish law by ordinary or extraordinary termination, by cancellation agreement or by expiry of a fixed-term contract. Furthermore, the employment relationship ends automatically upon the death of the employee.

According to both legal systems, termination of the employment contract without notice, for which no notice period must be observed, can only be pronounced if there is good cause. Turkish law lists health restrictions, offences against decency and morals and persistent refusal to work as examples of such good cause.

According to Turkish law, extraordinary dismissal must be declared within six working days of becoming aware of the reason for dismissal and in any case within one year at the latest.

In contrast, a notice period must be observed when giving ordinary notice of termination. The statutory notice periods in Turkish labour law are - similar to those in German labour law - for a duration of

• 0 - 6 months: 2 weeks
• 6 - 1.5 years: 4 weeks
• 1.5 years - 3 years: 6 weeks
• from 3 years: 8 weeks

Under Turkish law, ordinary termination by the employer requires a reason for dismissal if 30 or more employees are employed and the employment relationship has lasted for six months. In this case, the special protection against dismissal for employees applies. The dismissal must then be based on behavioural, personal or operational grounds. The notice of termination must be in writing and must state the reason for termination. It should be noted that a dismissal based on behavioural or personal grounds is only effective if the employee has been heard about the allegations before the dismissal is announced.

The employee can appeal to the labour court within one month of receiving the notice of termination.

If the dismissal is invalid, the employer is obliged to re-employ the employee or to pay compensation to be determined by the court on a case-by-case basis of at least four and a maximum of eight salaries.

Severance pay

Finally, it should be noted that in Turkey - unlike in Germany - there are statutory severance payment claims (so-called Kıdem Tazminatı). These arise if the employment relationship is terminated by lawful dismissal - whether by the employee or the employer - and the employee has at least one year of uninterrupted service. In this case, the employer is obliged to pay a severance payment, the amount of which depends on the length of employment.