Wrongful Termination in Turkey 2026: Complete Legal Guide to Employee Rights and Remedies

Wrongful termination is one of the most common and consequential employment disputes in Turkey. The Turkish Labour Law (Is Kanunu, Law No. 4857) provides robust protections for employees against unjustified dismissal, particularly through the job security provisions established in Articles 18 through 21. These provisions create a framework under which employees who meet certain criteria cannot be terminated without a valid reason, and those who are wrongfully dismissed are entitled to reinstatement or substantial compensation. This guide examines every aspect of wrongful termination under Turkish law as it applies in 2026.

Understanding your rights as an employee -- or your obligations as an employer -- requires a detailed knowledge of the Labour Law's provisions, the mandatory mediation process, the strict filing deadlines, and the evidentiary standards that apply in reinstatement lawsuits. Mistakes in any of these areas can result in the loss of significant rights or unexpected financial liabilities. Our firm, located in the Kadikoy district of Istanbul, regularly represents both employees and employers in wrongful termination disputes. For immediate assistance, please contact us at +90 531 500 03 76.

The Turkish Labour Law can be accessed in its entirety at mevzuat.gov.tr. This article covers the law's provisions on job security, valid and invalid reasons for termination, the reinstatement lawsuit process, severance and notice pay calculations, the mandatory mediation requirement, filing deadlines, and the burden of proof in termination disputes. Each section provides the legal foundation alongside practical guidance for navigating these complex issues.

It is important to note that Turkish employment law is heavily protective of employees, reflecting the constitutional principle that work is a fundamental right. The job security system is designed to prevent arbitrary dismissals and ensure that employers exercise their termination power responsibly. Employers who fail to follow proper procedures or who terminate employees without valid reasons face significant financial exposure, while employees who act quickly and strategically following a wrongful termination can secure meaningful remedies.

Job Security (Is Guvencesi) Under Turkish Law

Job security, known as is guvencesi in Turkish, is the legal framework that protects qualifying employees from unjustified termination. Established in Articles 18 through 21 of the Labour Law (Law No. 4857), this system requires employers to have a valid reason before terminating the employment of covered employees. The job security provisions are among the most important protections in Turkish employment law and have been the subject of extensive judicial interpretation and application.

To benefit from job security protection, an employee must meet three cumulative conditions. First, the employee must work at an establishment that employs 30 or more workers. This threshold is calculated based on the total number of employees across all establishments of the same employer, not just the specific workplace where the employee is assigned. Second, the employee must have at least six months of seniority with the same employer. The seniority calculation begins from the first day of work, regardless of whether a written employment contract exists. Third, the employee must not hold a position that involves managing the entire establishment, such as a general manager or chief executive. Employees who meet these three conditions are entitled to the full range of job security protections.

It is critical to understand that employees who do not meet the job security criteria are not without protection. They are still entitled to severance pay (if they have at least one year of seniority) and notice pay upon termination, and they may challenge their termination on other legal grounds such as discrimination, violation of the principle of good faith, or abuse of rights. However, they cannot file a reinstatement lawsuit under Articles 18-21, which is the most powerful remedy available under Turkish employment law.

The 30-employee threshold has been a subject of significant debate and litigation. Employers who operate near this threshold sometimes attempt to structure their operations to remain below it, for example by using subcontractors or splitting operations across separate legal entities. The courts have developed doctrines to address these arrangements, piercing the corporate veil and aggregating employee counts when the separate entities are determined to be operating as a single economic unit. Employees who believe their employer is artificially staying below the threshold should seek legal advice to assess whether the aggregation doctrine may apply to their situation.

Valid and Invalid Reasons for Termination

Article 18 of the Labour Law requires that an employer relying on the termination of an employment contract of a covered employee must base the termination on a valid reason arising from the employee's competence, conduct, or the operational requirements of the enterprise. The law provides a non-exhaustive list of examples in each category, and the courts have developed extensive case law interpreting what constitutes a valid versus an invalid reason for termination.

Reasons related to the employee's competence include persistent failure to meet performance standards despite warnings and support, inability to adapt to technological or organizational changes after adequate training, frequent absenteeism due to non-work-related illness (beyond the protection periods established in the law), and loss of qualifications or certifications required for the job. The key principle is that the employer must demonstrate that the competence issue is genuine, that the employee was given a fair opportunity to improve, and that termination was a proportionate response.

Reasons related to the employee's conduct include violations of workplace rules and policies, insubordination, breach of confidentiality obligations, harassment of colleagues or clients, and other misconduct that falls short of the threshold for termination with just cause under Article 25 (which permits immediate dismissal without notice for serious misconduct). When relying on conduct-related reasons, employers should ensure that the employee was aware of the applicable rules, that progressive disciplinary measures were applied, and that the termination is proportionate to the severity of the misconduct.

Reasons related to the operational requirements of the enterprise include economic difficulties, technological changes that eliminate the need for the position, organizational restructuring, and permanent reduction in workload. When relying on operational reasons, the employer must demonstrate that the business need is genuine, that alternative solutions (such as reassignment, reduced hours, or retraining) were considered, and that the selection of employees for termination was fair and non-discriminatory. Operational terminations are subject to close judicial scrutiny, and courts frequently find that employers have failed to adequately justify the business necessity or explore alternatives.

Article 18 also identifies specific reasons that cannot constitute valid grounds for termination. These include union membership or participation in union activities, filing a complaint or participating in legal proceedings against the employer, race, ethnicity, national origin, color, sex, marital status, family responsibilities, pregnancy, maternity leave, religion, political opinion, and similar personal characteristics. Terminations based on these prohibited grounds are deemed wrongful regardless of the employer's stated justification, and they may also give rise to additional discrimination claims.

The Reinstatement Lawsuit (Ise Iade Davasi)

The reinstatement lawsuit (ise iade davasi) is the primary judicial remedy available to employees who have been wrongfully terminated in violation of the job security provisions. Under Article 20 of the Labour Law, an employee who claims that their termination was without a valid reason or that the stated reason does not correspond to reality may file a reinstatement lawsuit at the labour court. The lawsuit seeks a court order requiring the employer to reinstate the employee to their previous position.

The procedural requirements for filing a reinstatement lawsuit are strict and time-sensitive. As a mandatory first step, the employee must apply to a certified mediator within one month of receiving notice of termination. The mediation process is intended to provide a faster and less costly resolution than litigation, and the parties are encouraged to reach a settlement. If mediation is successful, the settlement agreement is binding and enforceable. If mediation fails -- which is recorded in the mediation minutes -- the employee has two weeks from the date the mediation minutes are signed to file a reinstatement lawsuit at the competent labour court.

The total time available to the employee is therefore very limited: one month to initiate mediation plus two weeks to file the lawsuit after mediation fails. Missing either deadline results in the permanent loss of the right to seek reinstatement. This makes it imperative that employees act quickly after receiving notice of termination and seek legal advice without delay. Our firm regularly receives calls from employees who have waited too long and have lost their right to reinstatement as a result, which is a situation we strongly advise against.

Labour courts are required to handle reinstatement lawsuits expeditiously. While the law does not specify a mandatory timeline, courts typically aim to conclude these cases within a few months. The court's decision is subject to appeal, and the appellate process can add additional time. However, the employee's right to back pay (up to four months) runs from the date of termination to the date of the court's final decision, providing an incentive for both parties to resolve the case promptly. For detailed procedural information, the Ministry of Justice website provides relevant resources.

Severance Pay (Kidem Tazminati)

Severance pay (kidem tazminati) is one of the most significant financial rights of employees under Turkish law. Unlike job security, which applies only to qualifying employees, severance pay is available to all employees who have completed at least one year of continuous employment with the same employer and whose employment is terminated under qualifying circumstances. The right to severance pay exists regardless of the employer's size and regardless of whether the employee benefits from job security protection.

The calculation of severance pay is straightforward: the employee is entitled to 30 days of gross salary for each full year of employment. Partial years exceeding six months are rounded up to a full year, while partial years of six months or less are excluded. The salary base for the calculation includes the employee's basic salary plus regular and recurring benefits such as food allowances, transportation allowances, and other consistent payments. Irregular or one-time payments, such as performance bonuses or overtime premiums, are generally excluded from the calculation.

There is an important cap on severance pay that is updated semiannually by the government. This cap limits the maximum salary base that can be used in the calculation, regardless of the employee's actual salary. As of 2026, the cap is published by the Ministry of Treasury and Finance and applies uniformly across all sectors. Employees whose gross salary exceeds the cap have their severance pay calculated based on the capped amount, not their actual salary. The current cap can be verified at mevzuat.gov.tr.

Severance pay is owed under several circumstances: termination by the employer for reasons other than just cause under Article 25/II (moral and ethical grounds), termination by the employee for just cause under Article 24, termination due to the employee's military service, retirement, or death, and termination due to a female employee's marriage (within one year of the marriage date). Severance pay is not owed when the employee resigns voluntarily without just cause, or when the employer terminates the employee for just cause based on moral and ethical grounds (such as theft, fraud, or violence in the workplace).

Notice Pay (Ihbar Tazminati)

Notice pay (ihbar tazminati) is the compensation owed when either the employer or the employee terminates the employment contract without providing the required notice period. Under Article 17 of the Labour Law, the required notice periods are graduated based on the employee's length of service: two weeks for employees with less than six months of service, four weeks for employees with six months to 1.5 years of service, six weeks for employees with 1.5 to three years of service, and eight weeks for employees with more than three years of service. These periods may be increased by the employment contract or collective bargaining agreement but may not be reduced below the statutory minimum.

When an employer terminates an employee without providing the required notice (or without allowing the employee to work through the notice period), the employer must pay notice pay equal to the employee's gross salary for the applicable notice period. Conversely, when an employee resigns without providing adequate notice, the employer may claim notice pay from the employee, though this is less commonly enforced in practice. The notice period is intended to give the affected party time to make alternative arrangements -- for the employee to find new employment, or for the employer to find a replacement.

An important distinction exists between notice pay and the notice period itself. An employer may choose to either allow the employee to work through the notice period (during which the employee is entitled to two hours of paid job search time per day under Article 27) or pay notice pay in lieu of the notice period and terminate the employment immediately. The latter option is more common in practice, as employers typically prefer to end the relationship cleanly rather than maintain a terminated employee in the workplace during the notice period.

Notice pay and severance pay are separate and cumulative entitlements. An employee who is terminated without just cause and without adequate notice is entitled to both severance pay and notice pay, plus any accrued but unused annual leave compensation. These amounts can be substantial, particularly for long-tenured employees, and disputes over their calculation are common. Our firm regularly assists both employees and employers in calculating these entitlements accurately and resolving disputes that arise from disagreements over the applicable amounts.

Compensation in Wrongful Termination Cases

When a court finds that an employee was wrongfully terminated and orders reinstatement, the compensation framework is defined by Article 21 of the Labour Law. The employer is given 30 days from the date the court's decision is served to reinstate the employee. If the employer complies and reinstates the employee, the employee is entitled to back pay (boşta gecen sure ucreti) for the period between termination and reinstatement, capped at four months of wages. Any severance and notice pay previously received by the employee is deducted from the back pay amount.

If the employer refuses to reinstate the employee within the 30-day period, the employer must pay an additional compensation known as is guvencesi tazminati (job security compensation), which is set by the court at an amount between four and eight months of the employee's wages. This compensation is in addition to, not in substitution for, the back pay for the interim period and any severance and notice pay that may be owed. The total financial exposure for an employer who wrongfully terminates an employee and then refuses reinstatement can therefore amount to twelve months of wages or more.

The court determines the specific amount of job security compensation (within the four-to-eight-month range) based on factors such as the employee's length of service, the circumstances of the termination, the employer's conduct during the proceedings, and the employee's age and prospects for alternative employment. Courts tend to award higher compensation amounts when the termination was particularly egregious -- for example, when the employer fabricated grounds for termination or acted in a discriminatory manner.

It is worth noting that the employee must apply to the employer for reinstatement within ten business days of the court decision becoming final. If the employee fails to apply within this period, the termination is deemed valid, and the employee's only entitlements are the standard severance and notice pay. This ten-day deadline is often overlooked by employees who have obtained a favorable court decision and assume that reinstatement will happen automatically. It is a critical procedural step that must be completed on time to preserve the right to the additional compensation provided under Article 21.

Mandatory Mediation Requirement

Since January 1, 2018, mandatory mediation has been a prerequisite for filing most individual employment lawsuits in Turkey, including reinstatement lawsuits. Under the Labour Courts Law (Law No. 7036), employees must apply to a certified mediator and attempt to resolve their dispute through mediation before they can file a case at the labour court. Cases filed without completing the mandatory mediation process are dismissed by the court on procedural grounds, resulting in the loss of valuable time and potentially the loss of filing rights if deadlines have passed.

The mediation process begins with the employee filing an application at the mediation bureau in the jurisdiction where the employer's principal place of business is located, where the employee's workplace is located, or where the employee resides. A mediator is assigned from the official registry, and the parties are contacted to schedule a mediation session. The mediation must be completed within three weeks, which can be extended by one additional week upon the mediator's request. If the parties reach a settlement, the settlement agreement is recorded in the mediation minutes and is immediately enforceable, carrying the force of a court judgment.

If mediation fails, the mediator records this outcome in the final minutes, which are signed by both parties and the mediator. The date of the final mediation minutes is critical, as it triggers the two-week deadline for filing a reinstatement lawsuit at the labour court. The employee must obtain a copy of the mediation minutes and include them with the lawsuit filing, as the court will not accept a case without this documentation.

The mandatory mediation system has significantly changed the dynamics of employment dispute resolution in Turkey. A substantial percentage of reinstatement disputes are now resolved through mediation without the need for litigation, which has reduced the burden on labour courts and provided faster outcomes for employees. However, the mediation process is not without its challenges: power imbalances between employers and individual employees can affect the negotiation dynamic, and settlement offers may not fully reflect the employee's legal entitlements. Our firm regularly represents employees in mediation sessions to ensure that settlements are fair and adequately protective of their rights.

Filing Deadlines and Limitation Periods

The deadlines applicable to wrongful termination claims in Turkey are among the strictest in Turkish civil law, and missing them is one of the most common and devastating mistakes that terminated employees make. The timeline begins running from the date the employee receives notice of termination -- not from the last day of work, not from the date the termination takes effect, but from the date the written notice is received. If the employer provides verbal notice without a written document, the employee should immediately request written confirmation and document the date of notification independently.

The first deadline is one month from receipt of termination notice to apply for mediation. This one-month period is a forfeiture period (hak dusuru sure), meaning it cannot be extended, tolled, or interrupted for any reason. If the employee fails to apply for mediation within this period, the right to file a reinstatement lawsuit is permanently lost. The second deadline is two weeks from the date the mediation minutes recording failure are signed to file the reinstatement lawsuit at the labour court. This two-week period is also a forfeiture period with the same strict character.

For severance pay and notice pay claims (as distinct from reinstatement claims), the limitation period is five years from the date the employment relationship ends. This means that even employees who miss the reinstatement deadlines may still pursue their financial entitlements through a separate lawsuit within the five-year window. However, the five-year period is a statute of limitations, not a forfeiture period, which means it may be subject to interruption under certain circumstances defined in the Turkish Code of Obligations.

Annual leave compensation claims are also subject to a five-year limitation period, while claims for unpaid wages, overtime, and other employment-related financial entitlements have their own specific limitation periods established by the Labour Law. Keeping track of these multiple overlapping deadlines requires careful organization and, ideally, professional legal assistance. Our firm maintains deadline tracking systems for all client matters and takes immediate action to preserve clients' rights within the applicable timeframes.

Burden of Proof in Termination Disputes

The allocation of the burden of proof in wrongful termination cases is one of the most employee-friendly aspects of Turkish employment law. Under Article 20 of the Labour Law, when the employee claims that the termination was without valid reason or that the stated reason was fabricated, the burden of proving the existence of a valid reason falls on the employer. This means that the employer must affirmatively demonstrate, through evidence, that the termination was based on legitimate grounds related to the employee's competence, conduct, or the operational needs of the business.

This burden allocation is significant because it effectively creates a presumption in favor of the employee. If the employer fails to produce sufficient evidence of a valid reason, the court will find the termination to be wrongful and order reinstatement or compensation. The employer cannot simply assert that a valid reason existed; they must prove it with concrete, credible evidence. This evidence may include performance evaluations, warning letters, disciplinary records, financial statements (for operational terminations), organizational charts, and witness testimony.

There is one important exception to this general rule. When the employee claims that the termination was based on a prohibited reason (such as union membership, pregnancy, or discrimination), the burden shifts partially: the employee must present a prima facie case that the termination was motivated by the prohibited reason, and the employer must then prove that the termination was in fact based on a different, valid reason. This "mixed burden" approach provides enhanced protection for employees who allege discriminatory or retaliatory terminations.

From a practical standpoint, the burden of proof framework means that employers must maintain thorough documentation of employee performance, conduct issues, and business decisions throughout the employment relationship -- not just at the point of termination. Employers who rely on undocumented or post-hoc justifications for termination routinely lose reinstatement cases. Conversely, employees should preserve all documents, communications, and evidence related to their employment and termination, as even though the formal burden is on the employer, having strong evidence strengthens the employee's position in both mediation and litigation.

Proper Termination Procedures for Employers

To minimize the risk of wrongful termination claims and their associated costs, employers in Turkey should follow rigorous procedural safeguards when terminating employees who benefit from job security protection. Article 19 of the Labour Law establishes specific procedural requirements that must be met for a termination to be valid, and failure to comply with these requirements can result in a finding of wrongful termination even if the underlying reason for termination was legitimate.

The first procedural requirement is that the termination must be in writing. Verbal terminations are not valid for employees who benefit from job security. The written termination notice must clearly and specifically state the reason for the termination in a manner that allows the employee (and, if necessary, the court) to understand and evaluate the basis for the employer's decision. Vague or boilerplate termination notices that fail to specify the actual reason are treated as deficient and may be found wrongful on procedural grounds alone.

The second procedural requirement applies specifically to terminations based on the employee's competence or conduct: the employer must provide the employee with an opportunity to defend themselves before the termination decision is made. This defense right (savunma hakki) requires the employer to inform the employee of the specific allegations or concerns, give the employee a reasonable opportunity to respond, and consider the employee's defense before making a final decision. Failure to provide the defense opportunity renders the termination procedurally wrongful, even if the substantive reason was valid.

Beyond these legal requirements, best practices for employers include maintaining comprehensive performance documentation, implementing clear workplace policies and communicating them to employees, applying progressive discipline (verbal warning, written warning, suspension) before resorting to termination, consulting with legal counsel before terminating any employee who benefits from job security, and documenting the entire decision-making process, including the consideration and rejection of alternatives to termination. Employers who follow these practices significantly reduce their exposure to successful wrongful termination claims.

Special Employment Protections

In addition to the general job security provisions, Turkish law provides enhanced protections for certain categories of employees. These special protections may impose additional procedural requirements on employers, extend the scope of protection beyond the standard job security criteria, or provide enhanced remedies for wrongful termination. Understanding these protections is essential for both employers and employees in specific situations.

Pregnant employees and new mothers enjoy enhanced protection under both the Labour Law and the Constitution. An employee cannot be terminated due to pregnancy, maternity leave, or the use of breastfeeding breaks. While pregnancy does not create absolute immunity from termination (an employee who engages in serious misconduct can still be terminated during pregnancy), employers who terminate pregnant employees bear a heightened burden of proving that the termination was genuinely unrelated to the pregnancy. Additionally, female employees who are terminated during maternity leave are entitled to both the standard remedies and potential compensation for discrimination under the Turkish Human Rights and Equality Institution Law.

Union members and representatives receive special protection under the Trade Unions and Collective Bargaining Agreements Law (Law No. 6356). Union representatives (sendika temsilcisi) at the workplace level can only be terminated with the prior consent of the union, and any termination must be based on a valid reason that is unrelated to union activities. Terminations that are found to be motivated by anti-union animus carry enhanced compensation, including a union compensation (sendikal tazminat) of not less than the employee's annual salary in addition to other entitlements.

Employees on medical leave are protected during certain periods defined by the Labour Law. An employee who is on medical leave cannot be terminated during the notice period plus six weeks (for seniority under six months), eight weeks, ten weeks, or twelve weeks depending on seniority. Terminations that occur during the protected medical leave period are deemed wrongful. However, once the protected period expires, the employer may terminate the employee in accordance with the standard procedures, including the requirement to provide a valid reason for employees who benefit from job security.

Disabled employees receive additional protections under the Disabled Persons Law and the Labour Law's provisions requiring employers with 50 or more employees to reserve 3% of their workforce for disabled workers. Termination of disabled employees is subject to the same job security rules, but employers should be aware that the courts may apply heightened scrutiny to terminations of disabled employees, particularly if reasonable accommodations were not explored before the termination decision was made.

Frequently Asked Questions About Wrongful Termination in Turkey

Wrongful termination law in Turkey provides strong protections for employees, but these protections are only effective if employees act quickly and strategically following a termination. The strict deadlines, mandatory mediation requirements, and evidentiary standards demand immediate attention and, ideally, professional legal representation. For further information, visit our homepage or contact our office directly.