In recent years, Turkey has become a country that receives intense migration from the Middle East, as well as from Asian and African countries.
During this process, many foreign nationals have been working in Turkey either legally or illegally.
However, at the end of their employment period, issues such as unpaid wages, unfair termination, or unpaid overtime frequently give rise to labor claims lawsuits.
This article explains, step by step, the legal rights, work permits, types of claims, and litigation processes for foreign workers in Turkey.
The employment of foreigners in Turkey is regulated by the Law No. 4817 on Work Permits of Foreigners and the Law No. 6458 on Foreigners and International Protection (YUKK).
A foreign national cannot be employed in Turkey without obtaining a work permit.
However, if he/she has actually worked, the rights arising from labor law (such as wages, overtime pay, severance, notice compensation, etc.) do not automatically disappear.
“Even if a foreigner works without a valid work permit, his/her labor claims are still subject to Turkish labor law. The illegality of the employment relationship does not prevent the worker from claiming the compensation for his/her labor.”
Foreign employees working in Turkey are subject to the same labor law as Turkish citizens.
The Labor Law No. 4857, Turkish Code of Obligations No. 6098, Social Security and General Health Insurance Law No. 5510, and related regulations govern the labor rights of foreign workers.
Whether the foreigner holds a work permit or not, as long as the actual employment can be proven, the following claims can be demanded.
Legal Basis: Article 14 of the Labor Law No. 1475 (still in force)
Foreign workers who have worked continuously for at least one year in the same workplace and whose employment contract is terminated unjustly by the employer are entitled to severance pay.
“Even if a foreign worker does not have a valid work permit, if he/she has actually worked for more than one year and was unjustly dismissed, a severance entitlement arises.”
Note: For foreign nationals working illegally (without a valid work permit), please refer to our related article on illegal employment and labor rights.
https://www.avkubrakeles.com/kacak-calisan-yabancilarin-iscilik-alacaklari-turkiyede-yabanci-isci-haklari
Legal Basis: Article 17 of the Labor Law No. 4857
The employer must notify the employee prior to terminating the employment contract.
If no prior notice is given, the employee (including foreign workers) may claim notice compensation.
Notice periods:
If these payments are not made, the employer is obliged to pay notice compensation equivalent to the missing period.
Legal Basis: Article 41 of the Labor Law
Foreign workers are entitled to overtime pay for all work exceeding 45 hours per week.
“If a foreign worker proves overtime work through witness statements and correspondence, the absence of a valid work permit does not eliminate the right to payment.”
Legal Basis: Article 47 of the Labor Law
Foreign workers who work on national or official holidays (e.g., October 29, April 23) are entitled to one additional day’s wage.
Legal Basis: Articles 53–60 of the Labor Law
Every employee who completes one year of service, whether Turkish or foreign, acquires the right to annual paid leave.
This right cannot be monetized during employment; however, unused leave must be compensated as payment upon termination.
Leave entitlement by service period:
Legal Basis: Article 32 of the Labor Law
Wage is the consideration for labor, and the same protection applies to foreign employees.
Employers are required to pay salaries at least once per month.
If the employer fails to pay:
Even for illegal workers, unpaid wages can still be claimed, as the principle of unjust enrichment prohibits an employer from benefiting from unpaid labor.
Legal Basis: Article 46 of the Labor Law
Foreign workers are entitled to at least one uninterrupted rest day (24 hours) per week.
If the employer makes them work on that day, an extra day’s wage must be paid.
Example: If an employee works on Sunday, he/she must receive one additional day’s wage.
Legal Basis: Articles 18–21 of the Labor Law
Foreign employees are also entitled to file a reinstatement (re-employment) lawsuit under the job security provisions.
Conditions:
If the court finds the dismissal invalid, the employer must either:
If the foreign employee has been deported, his/her attorney may conduct the lawsuit in Turkey via power of attorney.
|
Type of Claim |
Legal Basis |
Condition |
Statute of Limitation |
Explanation |
|
Severance Pay |
1475/14 |
1 year of service, unjust dismissal |
10 years |
30 days’ gross wage per service year |
|
Notice Pay |
4857/17 |
No notice given |
10 years |
Payment for 2–8 weeks depending on tenure |
|
Overtime |
4857/41 |
Over 45 hours per week |
5 years |
150% rate |
|
UBGT |
4857/47 |
Worked on holidays |
5 years |
Additional day’s wage |
|
Annual Leave |
4857/53 |
Completion of 1 year |
5 years |
Payment for unused leave |
|
Wage Claim |
4857/32 |
Unpaid salary |
5 years |
Payable with interest |
|
Weekly Rest |
4857/46 |
Worked 7 consecutive days |
5 years |
Additional day’s wage |
|
Reinstatement |
4857/18 |
6 months + 30 employees |
1 month |
Right to reinstatement |
For foreign workers with a valid work permit, the process is identical to that of Turkish employees:
The situation of foreigners working without a valid work permit must be evaluated separately.
Even though their employment is technically illegal, if they can prove actual work, they may still claim certain labor entitlements.
However, both the employer and the employee are subject to administrative fines under Article 21 of Law No. 4817.
https://www.avkubrakeles.com/kacak-calisan-yabancilarin-iscilik-alacaklari-turkiyede-yabanci-isci-haklari
Since foreign employees often work without SGK (social security) registration or a written contract, witness evidence becomes critical.
Other types of admissible evidence include:
Employers who hire foreigners without valid work permits are subject to:
1- Can foreign workers in Turkey claim labor rights?
Yes. All foreign nationals who have actually worked in Turkey are subject to Turkish labor legislation.
Whether or not they hold a work permit, if they can prove actual work, they may claim unpaid wages, overtime, annual leave, and other entitlements.
However, there are differing opinions among courts on this issue.
For details regarding illegal (unregistered) foreign employment, please refer to our related article.
https://www.avkubrakeles.com/kacak-calisan-yabancilarin-iscilik-alacaklari-turkiyede-yabanci-isci-haklari
2- Can an illegal (unauthorized) foreign worker file a lawsuit?
Yes, but with certain distinctions:
A foreigner without a work permit cannot directly claim severance or notice pay based on a valid employment contract.
However, according to the Court of Cassation’s principle of equity, if the worker can prove actual work,
he/she may claim wages, overtime, holiday pay, and sometimes “severance-like” compensation under equitable considerations.
Thus, even without a permit, the value of labor is protected, though court opinions may vary.
3- Will the employer be punished for hiring a foreigner without a permit?
Yes. Under Article 23 of the International Workforce Law No. 6735,
employers hiring foreigners without valid work permits are fined per employee.
As of 2025, this fine is approximately 44,000 TL per foreigner.
In addition, the employer may face SGK penalties and tax fines for unregistered employment.
4- Can a deported foreign worker file a lawsuit in Turkey?
Yes. Even if the foreign national has been deported or has voluntarily left Turkey,
he/she may grant a notarized and apostilled power of attorney to a lawyer to file a lawsuit in Turkey.
The translation and apostille make the document internationally valid.
5- What types of claims can a foreign employee make?
Foreign workers may claim the following:
6- What if the employer says, “You have no work permit, I won’t pay”?
This defense is legally invalid.
According to the Court of Cassation, the absence of a work permit does not nullify the worker’s right to be paid.
Courts assess the actual duration of employment to calculate the claims.
However, specific case details must be analyzed carefully by a lawyer specializing in labor and foreigners law.
7- Which court is competent to hear the case?
The competent court is the Labor Court in the place where the work was actually performed.
If the foreign worker is not in Turkey, his/her attorney may file and follow the case on his/her behalf.
8- Is mediation mandatory before filing a labor lawsuit?
Yes.
Under Law No. 7036, mandatory mediation applies to all labor disputes and compensation claims.
If no settlement is reached, the mediator’s final report allows the case to proceed to court.
9- Does the foreign worker have to attend the mediation personally?
No.
The foreign worker may authorize an attorney to represent him/her in mediation proceedings,
whether in Turkey or abroad.
Online mediation via the UYAP (National Judiciary Informatics System) is also possible.
10- What evidence is accepted in a foreign worker’s labor case?
These are key to proving actual employment.
11- What is the statute of limitation for labor claims?
12- Can foreign workers also file reinstatement lawsuits?
Yes.
If the foreign employee has worked for at least 6 months and the employer has 30 or more employees,
he/she may file a reinstatement (re-employment) claim for unjust termination.
If the employer does not rehire, 4–8 months of compensation is payable.
13- How can foreign workers prove cash payments (no bank records)?
Even without pay slips or bank transfers, witness statements,
written communications, WhatsApp messages, and even photos can serve as evidence.
The Court of Cassation frequently accepts “actual work proven by witnesses” as valid proof.
However, the credibility and preservation of evidence are critical.
14- What if SGK (social security) premiums were not paid?
The worker may file a “service determination lawsuit” (hizmet tespiti davası) against the employer and SGK.
If the court confirms actual work, it orders SGK to register the unreported periods.
This is especially important for long-term illegal employment cases.
15- Can unpaid social security premiums be paid retroactively?
Yes, if ordered by a court.
If actual employment is proven, the Court of Cassation requires the employer to pay SGK premiums retroactively.
16- Can a foreign worker claim compensation after a work accident?
Yes.
Even without a work permit, if the employer is at fault in a workplace accident,
the worker may claim compensation for damages.
Additionally, the Social Security Institution (SGK) may initiate a recourse claim against the employer.
17- How long does a labor claim case take?
Including mediation, the process typically lasts 8 to 18 months.
However, the duration may vary depending on the complexity of evidence,
expert reports, and court workload.
18- What if the employer fled Turkey or the company was closed?
If the employer has assets, bank accounts, or real estate in Turkey,
the judgment can be enforced through execution proceedings.
If the company is dissolved, claims may be directed against partners or responsible persons.
If the company is fully bankrupt, recovery may not be possible.
Therefore, starting legal action without delay is crucial to secure payment.
19- Apart from severance and notice pay, what other rights exist after dismissal?
In addition to severance and notice compensation,
foreign employees may apply for unemployment benefits,
reinstatement, completion of missing social security premiums,
and file administrative complaints with the Ministry of Labor or Directorate of Migration Management.
20- Is it mandatory to hire a lawyer for such cases?
No, it is not mandatory but strongly recommended.
Due to translation, apostille, and procedural complexities,
it is highly advisable to work with a lawyer experienced in labor and foreigners law.
