The main pieces of employment related legislation applicable to both Turkish nationals and foreign nationals are as follows:
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Turkish Labour Code (No. 4857), published in the Official Gazette dated 22 May 2003 and numbered 25134.
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Turkish Code of Obligations (No. 6098), published in the Official Gazette dated 4 February 2012 and numbered 27836, which entered into force on 1 July 2012.
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Social Insurance and General Health Insurance Code (No. 5510), published in the Official Gazette dated 16 June 2006 and numbered 26200.
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Code of Work Permits for Foreigners (No. 4817), published in the Official Gazette dated 6 March 2003 and numbered 25040.
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Code on Trade Unions and Collective Bargaining (No. 6536), published in the Official Gazette dated 7 November 2012 and numbered 28460.
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Workplace Health and Safety Code (No. 6331), published in the Official Gazette dated 30 June 2012 and numbered 28339.
Under the Code on International Private and Procedural Law (No. 5718, published in the Official Gazette dated 12 December 2007 and numbered 26728), parties’ choice of law in an employment agreement bearing a foreign element is valid and enforceable on the condition that the minimum standard of protection ensured by the laws of the country where the work is being performed is reserved. Where the parties have not explicitly chosen an applicable law, the laws of the country where the work is performed is applicable.
In addition, where international or bilateral treaties are in place between Turkey and the employee’s country of origin, the related terms of that treaty will principally be applied, to the extent possible.
