When employees are dismissed from their jobs without a valid or just cause, they are entitled to several legal remedies and financial claims under Turkish Labor Law No. 4857. The critical determining factor is whether the employment contract was terminated by the employer with just cause (under Article 25) or unjustly.

If the employment contract is terminated without a legally recognized just cause, the employee is entitled to claim the following rights:

1. Severance Pay (Kıdem Tazminatı)

An employee whose contract is terminated unjustly—and who has completed at least one year of continuous service with the same employer—is entitled to severance pay. Severance pay is calculated based on 30 days' gross wages (including regular perks and benefits) for each full year of service. Pro-rata calculations apply to partial years.

2. Notice Pay (İhbar Tazminatı)

If the employer terminates the contract unjustly without respecting the statutory advance notice periods, notice pay must be paid. Statutory notice periods are determined by the length of service:

  • Up to 6 months: 2 weeks' notice
  • 6 months to 1.5 years: 4 weeks' notice
  • 1.5 years to 3 years: 6 weeks' notice
  • Over 3 years: 8 weeks' notice

The employer may choose to pay the equivalent salary in lieu of notice and terminate the contract immediately.

3. Unused Annual Leave Pay (Yıllık Ücretli İzin Alacağı)

Upon termination, any accrued but unused annual leave days become immediately payable as compensation. This entitlement arises regardless of whether the termination was just or unjust. Under Turkish Labor Law, minimum statutory annual leave entitlements are:

  • 1 to 5 years of service (inclusive): At least 14 working days
  • 5 to 15 years of service: At least 20 working days
  • 15 years or more: At least 26 working days

(For workers aged under 18 or over 50, annual leave cannot be less than 20 days.)

4. Overtime, Holiday, and Weekly Rest Pay (Fazla Mesai, UBGT ve Hafta Tatili)

These wage-based claims do not depend on contract termination and can be claimed even during ongoing employment:

  • Overtime Pay: Work exceeding 45 hours per week must be compensated at an hourly rate increased by 50%.
  • National and Public Holiday (UBGT) Pay: Employees who work on official or religious holidays are entitled to an additional day's full pay for each holiday worked.
  • Weekly Rest Pay: If an employee works during their mandatory continuous 24-hour weekly rest period, that work must be compensated with premium pay (an extra 50% rate).

5. Statutory Limitation Periods (Zamanaşımı Süreleri)

Under current Turkish labor legislation:

  • Severance Pay, Notice Pay, and Annual Leave Pay: The statute of limitations was reduced from 10 years to 5 years (effective as of October 25, 2017). The 5-year clock begins on the date of contract termination.
  • Overtime, UBGT, and Weekly Rest Pay: These recurring wage claims are also subject to a 5-year statute of limitations from the date the payment became due.

6. Mandatory Mediation and Reinstatement Claims

Under Turkish procedural rules, applying to Mandatory Legal Mediation is a mandatory prerequisite before filing a court lawsuit for labor claims or reinstatement.

Additionally, if the workplace employs 30 or more workers and the employee has at least 6 months of seniority, the employee may apply for mediation within 1 month of receiving the dismissal notice to request reinstatement on grounds of invalid termination.

Disclaimer: The information above is provided for general guidance only and does not constitute formal legal advice for specific situations. For specific legal disputes, consulting a qualified attorney is strongly recommended.