Due to its geographic position and economic dynamism, Türkiye has become a hub where many foreign nationals live and work. However, not all foreign workers are employed with lawful permits. Those described as “undocumented foreign workers” or “foreigners working without a work permit” often lack job security and social rights.
So, can a foreign worker without a work permit claim labor receivables?
In this article, we explain—within the framework of the Turkish legal system—the rights of undocumented foreign workers to claim severance pay, notice pay, wages, overtime, and other labor receivables.
a. Mandatory Work Permit
The employment of foreigners in Türkiye is governed by Law No. 6735 on International Labor Force and Law No. 4817 on Work Permits of Foreigners. Under these laws, foreign nationals must obtain a work permit before working in any job in Türkiye.
b. Administrative Consequences of Undocumented Work
Foreigners employed without a work permit are subject to administrative fines. Deportation may also come into question. Employers who hire such workers face substantial fines as well. However, this does not eliminate the foreign worker’s right to claim labor receivables.
In Türkiye, undocumented foreign workers are often victimized by the misconception that they “cannot assert any rights.” Turkish law, however, protects anyone who provides labor. According to established Court of Cassation (Yargıtay) precedents, the lack of a work permit does not extinguish a worker’s basic labor receivables.
Below are these rights explained one by one:
No form requirement for employment contracts
Pursuant to Article 393 of the Turkish Code of Obligations, an employment contract is not subject to any form requirement.
Once a person begins to work, whether under a written or verbal agreement, if the elements of actual performance of work and payment of wages are present, a legally valid employment contract is deemed to exist.
Position of foreign workers
Even if a foreign worker does not hold a work permit in Türkiye, if they actually work under the employer’s instruction and control, the relationship is deemed a valid employment contract.
This has been clearly emphasized in numerous Yargıtay decisions:
“The absence of a work permit for a foreign worker does not negate the existence of the employment relationship between the parties. Actual work performed indicates that an employment contract has been established.”
Accordingly, an undocumented foreign worker may claim labor receivables without their contract being deemed invalid.
Legal basis of the wage right
Under Article 32 of the Turkish Labor Law (No. 4857), wage is the consideration that must be paid to the worker in return for work performed.
A foreign worker without a work permit can claim wages not less than the statutory minimum wage for the work performed.
Employer’s payment obligation
An employer’s defense such as “there was no work permit, therefore I need not pay” is legally invalid.
According to Yargıtay precedents, labor provided cannot be left uncompensated.
“The absence of a work permit for a foreign worker does not justify rejecting the worker’s wage claim for the labor actually provided.”
Common practical scenarios
If the court accepts that work was actually performed, it awards the worker wage receivables based on the real wage.
Severance pay entitlement
Severance pay is due to workers who have completed at least 1 year with the same employer.
An undocumented foreign worker who has completed one year and whose contract is unjustly terminated by the employer is entitled to severance pay.
However, note that there may be differences of opinion among courts regarding severance. Case specifics, pleadings, evidence, and the court’s approach are crucial.
Yargıtay’s approach
“Employing a foreign worker without a permit does not nullify the worker’s labor. The employer’s unlawful conduct cannot cause the worker to be victimized. A worker who actually worked is entitled to severance pay.”
Notice pay
If the employer terminates the employment without observing notice periods, an undocumented foreign worker may also claim notice pay. Do note that divergent court views may occur regarding both severance and notice pay.
Notice periods by length of service:
If the employer dismisses the worker without complying with these periods, notice pay becomes due.
Courts generally disregard the defense “there was no work permit,” because obtaining the work permit is the employer’s responsibility. An employer cannot rely on their own failure to justify depriving the worker of rights. Persuasive evidence is important here.
Overtime (excess work) right
Under the Labor Law, work beyond 45 hours per week constitutes overtime.
Undocumented foreign workers may claim a 50% premium for each hour exceeding 45.
For example, a worker who works 60 hours per week is entitled to 15 hours of overtime pay.
Courts often determine such receivables using witness statements or records/e-mails concerning shifts and schedules. It is important to file suit before evidence becomes stale.
Weekly rest day, national and public holiday pay
Undocumented foreign workers are also entitled to these payments.
Yargıtay deems it unlawful to reject such receivables merely because “there was no work permit.”
Annual leave pay
Under Article 53 of the Labor Law, a worker who has been employed for at least 1 year acquires the right to paid annual leave.
If an undocumented worker did not use their annual leave during employment, they can claim the monetary equivalent of unused leave upon termination.
Other rights
In summary, undocumented foreign workers may fully claim—upon proving actual work—
Employers bear administrative and financial liability for employing foreigners without work permits; however, this does not extinguish debts owed to the worker. An employer who:
a. Competent Court
A foreign worker may claim receivables for the period worked by filing a lawsuit before the competent court (Labor Court).
Courts determine the fact of actual work through witnesses, correspondence, payrolls, message records, CCTV footage, and other evidence.
b. Mandatory Mediation
Before filing a lawsuit, mandatory mediation must be initiated pursuant to the Labor Law. The worker’s attorney may file for mediation as well.
c. Capacity to Sue in Türkiye
A foreign worker may file suit in Türkiye even without a residence permit.
Courts recognize the lawsuits of foreigners under the right to legal protection.
The foreign worker bears the burden of proving that they worked. Key evidence includes:
“The labor of a foreign worker without a work permit is legally protected.”
These precedents show that the rights of undocumented foreign workers are not completely extinguished; what matters is that work was actually performed.
The labor of undocumented foreign workers is protected by law.
Turkish courts do not reject the wage and compensation claims of foreign workers solely because they lacked a work permit, provided actual work is proven.
Given that each case is fact-specific, it is highly advisable to proceed with the support of an attorney specialized in Foreigners’ Law and Labor Law.
1. Can an undocumented foreign worker file a lawsuit?
Yes. A foreigner who actually worked in Türkiye may file a labor receivables lawsuit before the competent court (Labor Court) even without a work permit.
According to Yargıtay, labor performed must be compensated; courts generally do not accept the employer’s “no work permit” defense.
2. Can a foreign worker without a work permit claim wages?
Yes. Turkish Labor Law requires payment of wages for work performed.
An undocumented foreigner may claim wages not less than the statutory minimum.
If unpaid, actual work can be proven through witnesses, messages, photos, social media posts, or CCTV.
3. Is a foreigner working without a permit entitled to severance pay?
If the worker has completed at least 1 year with the same employer and the contract was unjustly terminated, then yes.
Yargıtay emphasizes that the worker’s labor should be protected and the employer cannot cause harm by failing to obtain a work permit.
Note: There may be divergent views among courts regarding severance (and notice) pay.
4. Can an undocumented foreign worker receive notice pay?
Yes. If the employer terminates without giving notice, the worker is entitled to notice pay.
There may be differences of opinion among courts regarding severance and notice.
Notice periods range from 2 to 8 weeks depending on length of service and are calculated on the gross wage.
5. Is an undocumented foreign worker entitled to overtime pay?
Yes. Work beyond 45 hours per week is overtime.
Each overtime hour is paid with a 50% premium.
Evidence may include schedules, witness statements, CCTV, or WhatsApp messages.
6. Can an undocumented foreign worker claim annual leave pay?
Yes. A worker employed at least 1 year at the same workplace acquires the right to paid annual leave.
Upon termination, unused leave can be claimed in cash.
7. What should an undocumented foreign worker do after dismissal?
8. Is the employer penalized for employing a foreigner without a permit?
Yes. Under Law No. 6735, the employer faces administrative fines and potential social security liabilities for unregistered work.
The employer also remains liable for the worker’s wage and compensation debts.
9. Can an undocumented foreign worker be deported?
Yes, this is possible. Foreigners working without a permit may face administrative fines and deportation by the Presidency of Migration Management.
However, this does not bar the worker’s right to claim labor receivables.
A worker may both file a receivables lawsuit and appeal a deportation decision separately.
10. Do foreigners have the right to sue in Türkiye?
Yes. Everyone in Türkiye has the right to seek legal remedies.
Even without a residence permit, foreigners have the right to file and pursue lawsuits in Turkish courts.
This is guaranteed by Article 36 of the Constitution and Article 6 of the European Convention on Human Rights.
11. Does filing a lawsuit lead to deportation?
Generally, no. Filing a labor receivables lawsuit does not automatically trigger deportation.
If there are prior administrative records (e.g., certain restriction codes), it is recommended to provide a service address and power of attorney via counsel during proceedings.
12. Can an undocumented foreigner apply for mediation?
Yes. The lack of a work permit does not prevent mediation. The process can be conducted through an attorney.
Because mediation is mandatory, it must be completed before filing a lawsuit.
13. What if the employer did not pay social security premiums?
If the worker was not registered with the Social Security Institution (SGK), the employer is liable before both SGK and the Ministry of Labor.
If the worker proves actual work, the employer may be required to pay retroactive premiums.
14. How are the receivables calculated?
15. What documents should be prepared to file suit?
16. What is the statute of limitations?
The general statute of limitations is 5 years for labor receivables.
Claims not brought within 5 years from the date of termination become time-barred.
Practical tip: File within a few months after termination to preserve evidence.
17. Must a foreigner work with a lawyer in Türkiye?
Not strictly required, but strongly recommended.
Because foreigners may be unfamiliar with Turkish procedure, working with an attorney specialized in Labor Law and Foreigners’ Law is the safest approach.
If the foreigner is abroad, the process must be conducted via an attorney in Türkiye.
18. May the foreign worker remain in Türkiye during the lawsuit?
If the worker lacks lawful status during litigation, there may be issues with the Migration Authority.
Therefore, it is advisable—through counsel—to provide a service address and, where appropriate, consider residence permit or temporary protection options depending on the case.
19. Can the worker also claim damages for non-pecuniary harm?
Yes. In cases of bad faith, discrimination, mobbing, or degrading treatment, the foreign worker may claim non-pecuniary (moral) damages.
Yargıtay recognizes such claims where human dignity has been violated. Strong evidence is required.
20. Key legal tips for undocumented foreign workers
