Under Article 4/1-g of the Turkish Labor Law No. 4857, "activities performed in air transportation" are excluded from the scope of the Labor Law. However, exceptions exist, and not all employees in the aviation sector are subject to the same legal framework. While ground facility personnel in aviation are directly governed by the Labor Law No. 4857, **flight personnel (pilots, cabin crew, etc.)** operating aboard aircraft are, as a general rule, governed by the general service contract provisions of the Turkish Code of Obligations (TCO No. 6098).

Flight Personnel Exceptionally Governed by the Labor Law

In accordance with settled precedents of the Court of Cassation, the statutory exemption strictly applies to "air transportation" (passenger and cargo transport). Pilots and flight crew engaged in non-transportation aviation activities—such as **firefighting, agricultural spraying, air ambulance, aerial photography, parachuting, or flight instruction**—are directly covered by the Turkish Labor Law No. 4857, granting them full rights to severance pay, notice pay, and job security protections.

Compensation Rights of Flight Personnel Under the Code of Obligations

Although flight personnel subject to TCO No. 6098 do not hold a statutory right to severance pay under Labor Law, the law provides substantial compensatory remedies in cases of unfair or bad-faith termination:

  • Bad-Faith Compensation (TCO Art. 434): If the employment contract is terminated through an abuse of the right of termination, the employer is obligated to pay compensation equal to **three times the wages** corresponding to the notice period.
  • Unjust Termination Indemnity (TCO Art. 438): A flight crew member whose contract is terminated without just cause can claim the wages for the remaining term in fixed-term contracts, or the remuneration that would have been earned during the notice period in indefinite-term contracts.
  • Discretionary Additional Indemnity (TCO Art. 438/3): In cases of unjust termination, the judge may award an additional discretionary indemnity of **up to 6 months' wages** based on the specific circumstances of the case.

Job Security and Collective Bargaining Agreements (CBA)

Flight personnel governed by the Code of Obligations cannot automatically benefit from statutory job security (reinstatement) provisions under the Labor Law. However, in practice, flight crew members who join labor unions may secure job security rights if their **Collective Bargaining Agreement (CBA)** or individual employment contract explicitly stipulates that *"Job security provisions of Labor Law No. 4857 shall apply."* In such cases, flight personnel can file for reinstatement if terminated without valid cause.

Jurisdiction, Competent Court, and Mandatory Mediation

Pursuant to Article 5/1-a of the Labor Courts Law No. 7036, **Labor Courts have exclusive subject-matter jurisdiction** over all disputes arising from service contracts between flight personnel and employers, whether governed by the Labor Law or the Turkish Code of Obligations.

Furthermore, under Article 3 of Law No. 7036, applying for **mandatory legal mediation prior to filing a lawsuit is a procedural prerequisite**. Territorial jurisdiction belongs to the court of the defendant employer's domicile or the court where the work was performed.

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