The Prohibition of Forced Labor and Corvée: Human Trafficking, Labor Exploitation and Remedies

In human trafficking and severe labor exploitation, the first need is sometimes not to calculate the claim but to secure the person’s safety. In cases of violence or imminent danger, 112 may be used; for reporting and referral concerning human trafficking, the YİMER 157 line may be used. An application to the law enforcement or the prosecutor’s office, a request for protection and support, and an application for labor claims serve different functions. Using one does not mean the other is unnecessary. 3 4

How are forced labor, corvée and poor working conditions distinguished?

Free will and the threat of a penalty are examined together

Article 18 of the Constitution prohibits forced labor and corvée. Article 4 of the ECHR provides protection with respect to slavery, servitude and forced or compulsory labor. In the assessment, it matters whether the work rests on the person’s free will and what threat the person would face if he or she refused or left the work. A threat is not limited to physical violence or an official penalty; in the specific circumstances, severe economic pressure, a threat of reporting to the authorities or the confiscation of documents may also play a role. 1 2

Entering the job voluntarily at the outset does not legitimize coercion that emerges later. The work turning out to be different from what the employer promised, the debt being continually inflated, the wage being withheld to prevent departure and the person’s movements being monitored should be assessed together. On the other hand, not every debt arising from a contract or every financial consequence of leaving a job is forced labor. The nature and severity of the pressure must be made concrete.

A person accepting a hard job because of economic need is not the same as that need being exploited to prevent the person in practice from leaving. In an application, the statement “I did not want to” may not be sufficient on its own. What the person faced when wanting to leave, to whom the person could turn, whether the person could obtain his or her identity documents and wages, and whether the person could communicate with the outside world should be investigated.

The payment of wages does not always exclude a violation

For forced labor, it is not necessarily required that no wages were paid at all. Work may be continued under violence or severe pressure while some payment is made. On the other hand, low or late payment of wages does not by itself constitute all the elements of forced labor. A wage claim, the right to property, occupational health and safety, and forced labor touch on one another but are separate examinations. 2 5

This distinction strengthens the application. If there is only a shortfall in payment, the route for labor claims or a claim arising from a public duty may be the right center of gravity. If the shortfall in payment is accompanied by threats, confinement or the withholding of documents, the criminal-law and protection dimension must be addressed separately. It is mistaken both to view a severe case merely as a payroll dispute and to present an ordinary claim as human trafficking without evidence.

In which situations does human trafficking come into play?

The purpose of exploitation and the methods used

Article 80 of the Turkish Criminal Code (TCK) regulates the acts of procuring, abducting, transporting, transferring or harboring persons for the purposes of forced labor, forced service, forced prostitution, subjection to servitude or the removal of organs, carried out by the methods specified in the article, such as threat, pressure, force, deception, or abuse of influence or of a position of helplessness. The elements of the offense are examined separately in the specific case. It cannot be accepted that all these elements are made out merely because the employer treated the person badly. 6

Human trafficking does not necessarily have to involve an international border crossing. Moving a person within the country or harboring a person for the purpose of exploitation may also come into consideration when the relevant elements are made out. Human trafficking and migrant smuggling are not the same offense. A migration movement does not make every case human trafficking, and being a citizen does not prevent a person from being a victim.

When the purposes and methods in Article 80 of the TCK are realized, the victim’s apparent consent may not be decisive. For persons who have not completed the age of eighteen, the law provides special protection regarding the methods in acts carried out for the specified purposes. A child saying “I agreed” cannot be treated in the same way as the assessment applied to adults. The child’s safety and best interests should be kept at the center of the application and the evidence-gathering process. 6

Which indicators should be assessed together?

Failure to hand over an identity card or passport, continual withholding of wages, unexplained debts, obstruction of exit from the workplace, threats, control of communications and making housing dependent on the job may be warning signs. A single indicator is not conclusive proof of an offense on its own; the combination of indicators and the person’s real options are assessed. Not knowing the language, irregular migration status, disability or being a child may narrow these options.

The fact that a victim did not escape immediately or did not tell the whole story in the first interview does not by itself show that the allegation is unfounded. Fear, economic dependence and housing conditions tied to the perpetrator may affect the account. At the same time, the consistency of the account, its dates and its support by external records are important in the investigation. A safe interview, with an interpreter where necessary, serves both the protection of the person and the correct understanding of the facts.

What are the State’s obligations to protect and investigate?

The State’s obligation is not limited to not itself using forced labor. Under Article 4 of the ECHR, it is also important to establish an appropriate legal and practical framework, to consider reasonable protective measures in the face of concrete risks, and to investigate arguable claims effectively. The act of a private employer or intermediary does not mean that the responsibility of public authorities can never arise. 2

It is not appropriate to wait in every case for a final criminal conviction in order to recognize the need for protection. Serious indicators that reach the authorities may require the identification of the victim and an assessment of his or her safety. An effective investigation does not mean that a conviction must necessarily result; a careful and realistic inquiry proportionate to the seriousness of the case is required.

In this field, a labor inspector’s findings, medical records, law enforcement observations, an assessment by migration authorities and witness statements may each illuminate different parts. The flow of information between institutions must respect the person’s safety and confidentiality. Problems in the victim’s employment or residence status should not be turned into a general ground for not investigating an allegation of severe exploitation.

What criteria do the ECtHR decisions establish?

The Siliadin and Chowdury decisions

Siliadin v. France, Application No. 73316/01, July 26, 2005 concerned the situation of a young person exploited in domestic service. The ECtHR found a violation with respect to effective criminal-law protection against servitude and forced labor. Viewing the case merely as an agreement for unpaid work between private individuals overlooks the pressure on the person’s dependence and real ability to leave. 2; 15, §§ 117–120, 148–149

Chowdury and Others v. Greece, Application No. 21884/15, March 30, 2017 examined agricultural workers who were not paid, worked in harsh conditions and worked under armed supervision. The ECtHR assessed the State’s obligations in the context of human trafficking and forced labor and found a violation. Having initially accepted the work, or the possibility of physically moving away from the workplace, did not remove the coercion and vulnerability in the case as a whole. 2 16

These decisions do not place all low-paid work in the same category. Their original contribution is that they require an investigation of the real conditions behind the apparent contract. In an application under Turkish law as well, the working arrangements, the threats, the debt relationship, the supervision and the possibilities of exit must be described, as much as the signing of the employment contract.

The importance of the Rantsev decision for institutions

Rantsev v. Cyprus and Russia, Application No. 25965/04, January 7, 2010 is one of the important decisions explaining the relationship of human trafficking to the scope of Article 4 of the ECHR and the States’ obligations of protection and investigation. The responsibility of the two States was not established on the same act and the same ground. Rather than generalizing the decision as “every institution is responsible for every outcome,” it should be determined which authority was aware of which risk and which measure it could take. For Cyprus, the lack of practical protection was distinguished; for Russia, the deficiency in the obligation to investigate the human trafficking allegation. 2; 17, operative part, points 8–11

For an applicant, the counterpart of this is to preserve the date and content of earlier notifications. It is different if only a wage problem was reported to an institution and it is later claimed that the institution ignored a violence risk unknown to it, from the case where no action was taken despite an explicit notification of threats and confinement. The institution’s knowledge, authority and reasonable room for action must be made concrete.

The distinction between wages and professional obligations in Constitutional Court decisions

Atilla İnan: a dispute over attorney fees

Atilla İnan, Application No. 2012/615, November 21, 2013 addressed an attorney-fee issue connected with proceedings before the Court of Accounts. The forced-labor allegation was found manifestly ill-founded and declared inadmissible. The decision shows that not every attorney-fee dispute is constitutional corvée. It is also important that the applicant’s own right is separated from the client’s right; the outcomes of the decision on different complaints should not be confused. 7

Yasemin Balcı: rejection as to corvée, violation as to property

Yasemin Balcı [GK], Application No. 2014/8881, July 25, 2017 examined the autopsy services of a forensic medicine expert and the fee paid. The majority of the Constitutional Court held that the prohibition of forced labor and corvée was not violated, and that the right to property was violated. The expectation of a fee appropriate to the work and the manner in which the fee was determined were of importance in the property examination. 5

The decision contains dissenting opinions on corvée. Their reasoning is valuable for legal discussion; however, it cannot be said that “the Constitutional Court found a corvée violation,” as if the dissent were the majority’s ruling. In practice, rather than tying a claim of severe wage imbalance only to Article 18, the applicant should also consider the appropriate claim route and the guarantee of property. A rejection as to one right does not mean that an examination as to another right is unnecessary.

Ali Şanlı: compulsory service and training costs

Ali Şanlı, Application No. 2019/18003, March 31, 2022 assessed the demand for training costs from personnel who left before completing their compulsory service period. By examining the specific training and service relationship, the advantages provided to the person and the extent of the burden, the Constitutional Court held that the prohibition of forced labor and corvée was not violated. 8

This decision does not mean that every training cost or contractual penalty is valid. The actual cost of training, the period worked, the calculation method, foreseeability and whether the burden makes leaving practically impossible are important. The compulsory service regime of public personnel cannot be applied unchanged to a private-sector training reimbursement clause. The relevant contract and statutory provision must be examined in their own context.

The 2026 decision on social work officers

Constitutional Court, E.2025/252, K.2026/71, March 26, 2026 examined the non-payment of a specific additional payment to social work officers assigned from among employees of other institutions or members of liberal professions. The Court, taking as its basis that these persons are paid a fee in accordance with the principles applicable to expert witnesses, unanimously rejected the request for annulment. The decision was published in the Official Gazette of May 25, 2026, No. 33264. 14

The decisive distinction here is the difference between the non-payment of a specific additional payment and work without any payment at all. The decision does not lead to the conclusion that all public officials may be forced into unpaid additional work. The regime under which the pay arises, the legal status of the duties and whether the compared persons are in a similar situation must be examined. If an application states only that an additional-payment item was refused, the total pay regime may be overlooked; conversely, the complete non-payment of the expert-witness fee that should be paid in practice is a separate dispute. 14, §§ 20–29

Public service and ordinary civic obligations

Article 18 of the Constitution specifies as areas not regarded as forced labor, the forms and conditions to be regulated by law, work during the term of a sentence or detention, services required in states of emergency, and physical and intellectual work in the nature of a civic duty required by the needs of the country. Article 4(3) of the ECHR likewise contains provisions defining the scope. 1 2

These provisions are not an authority for unlimited unpaid labor. The statutory basis, purpose, conditions and burden of the work must be examined. That the professional duty was known in advance may be significant; but it does not by itself legitimize every additional burden. Long duration, excessive workload, unequal distribution and a burden disproportionate to professional advantages are assessed separately.

A state-of-emergency justification likewise does not remove the connection of the service to be performed with that need. A request from a public authority is different from a private person having work done for his or her own benefit. The applicant should submit the assignment letter, the actual working days, the ordinary job description and the payment regime together. Instead of just stating “it was not my duty,” it should be shown why the duty exceeded the legal limit.

Where and how should a victim apply?

Safety, criminal investigation and support

If there is imminent danger, emergency help should be sought in a safe manner. A suspicion of human trafficking or forced labor may be reported to the prosecutor’s office and law enforcement. Alongside Article 80 of the TCK, depending on the nature of the case, violation of freedom of work and labor, threat, deprivation of liberty or other offenses may come into play. The victim is not expected to know the correct name of the offense completely; clearly describing the events is what matters. 3 6

For foreigners, Article 48 of Law No. 6458 provides that a thirty-day residence permit is granted by the governorship to persons for whom there is strong suspicion that they are or may be victims of human trafficking. The aim is a period to recover from the effects and to decide whether or not to cooperate with the authorities; the conditions of other residence permits are not sought. Extensions of up to six months each are possible for reasons of security, health or special circumstances, and the total period may not exceed three years. This protection should not be presented as an unconditional and indefinite right of residence. 4

The need for housing, health, psychosocial support, an interpreter and legal aid should be communicated to the competent institutions. The victim’s safe location must not be shared with the perpetrator; the details of the application must not be brought into public settings. Protection of citizen victims is also important; the residence arrangement specific to foreigners does not mean that the whole support system exists only for foreigners.

Labor claims and claims arising from public duty

For wage, overtime and compensation claims in a private employment relationship, the competent court and the mediation provisions that are conditions precedent to litigation are assessed. Mandatory mediation under the Labor Courts Law is not a precondition for the investigation of the offense of human trafficking. There is no obligation to hold the criminal complaint until mediation is concluded. 9

Before leaving the job or before a termination decision is made, termination for cause, the wage claim, the statute of limitations and the security dimension should be examined together. If a reinstatement claim is involved, for a worker who meets the conditions, the time limits of applying to the mediator within one month from service of the notice of termination and filing an action within two weeks from the final record of non-agreement are important. These periods are not the periods for all wage claims. 10

In an assignment or payment dispute of public personnel, administrative applications and administrative judicial remedies may come into play. A private-law worker and a public official working in the same institution does not mean that all their disputes will be heard in the same court. The status, the basis of the claim and the type of act should be determined at the outset.

How are the evidence and the constitutional application prepared?

To gather evidence, it is not necessary to return to a dangerous environment or confront the perpetrator. Existing records should be preserved in a safe manner; records that must be obtained lawfully should be requested from the competent authorities. Methods such as accessing someone else’s account without permission may create new problems. The safety of witnesses and the data of third parties should also be taken into account.

At the Constitutional Court stage, the relationship between the act of a private person and the State’s constitutional obligation must be explained. Effective ordinary remedies must be exhausted; the deficiencies of the investigation or proceedings that are alleged must be shown. The thirty-day period from the date of learning of the final decision is preserved. Attorneys may also apply through the UYAP Attorney Portal; it should be verified that the record and the attachments are complete. 11 12

How are the investigation decision and compensation claims followed?

The offense of human trafficking is not subject to complaint. For this reason, the victim’s not having filed an official complaint at the outset does not by itself remove the authorities’ obligation to investigate the serious indicators they have learned of. At the same time, the victim’s notifying the events and requests in a safe manner helps determine the direction of the inquiry. Because a complaint requirement may exist for other offenses, it should not be thought that all acts are subject to the same procedure. 6

In a decision not to prosecute (kovuşturmaya yer olmadığına dair karar) by the prosecutor’s office, it should be examined whether the means of pressure described by the victim and the inquiries requested have been carried out. Under Article 173 of the Code of Criminal Procedure (CMK), the time limit for an objection by a person harmed by the offense is two weeks from service of the decision. In the objection, rather than merely repeating the earlier petition, the witness, payment record, housing arrangement or threat fact that was not investigated should be shown. A failure to obtain a result in the criminal investigation does not in every case remove a wage or compensation claim dependent on different conditions. 13

For example, in the case of a foreign worker who says that his or her passport is held by the employer, that no wages are received, and that he or she was threatened with being reported if he or she left, the employer may argue that the documents were taken for safekeeping and that the worker could leave whenever he or she wished. In this hypothetical dispute, it is investigated whether the return of the document was actually requested, the answer given, the worker’s ability to go outside and whether the wage was tied to leaving. A single contract or a single message may not explain the whole case.

In financial claims, the period of work, the wage agreement, the payment made and the actual loss are calculated separately. A claim of bodily or psychological harm can be supported with appropriate medical records. A criminal case, the collection of a wage claim and constitutional redress are not pursued for the same purpose. In each file, the desired outcome must be clear; one authority cannot be expected to deliver, in a single decision, all the outcomes outside that authority’s competence.

Representation, form of application and costs

The victim’s safe address for communication, language and need for representation should be determined at the beginning of the application. For a child or a person with difficulty expressing himself or herself, the necessary representation and support mechanisms are separately activated. The capacity of victim in the criminal investigation and the capacity of worker or public official in the claim action lead to different procedures. In the petition, the person alleged to be the perpetrator and the person or administration against whom the compensation claim is directed must be correctly distinguished.

A Constitutional Court individual application is prepared with the application form and the necessary attachments. The final decision, the record of learning and the results of the ordinary remedies should be presented in an orderly manner; a general reference to long petitions in the attachments should not be made in place of the form. The application is subject to a fee; persons without the means to pay may request legal aid if the conditions are met. Fees and expenses and the attorney’s fee agreement are separate items. The amount on the date of application and the payment receipt should be checked; the previous year’s tariff should not be used. Paying the fee or requesting legal aid does not by itself cure an incomplete form, an application made out of time or an unexhausted remedy. 11

Conclusion

The assessment of forced labor and corvée requires an examination broader than the amount of the wage. The person’s real will, the means of pressure, the possibility of leaving and the reaction of the public authorities are addressed together. The need for safety and protection, the criminal investigation and the financial claims may complement one another before the appropriate authorities. This general guide does not replace the legal review to be carried out in the specific case as to the nature of the offense, jurisdiction and time limits.

Frequently Asked Questions

Is non-payment of wages always corvée?

No. A wage claim and forced, unpaid work require different assessments. Pressure, will and the possibility of leaving must be made concrete.

Can a person who receives wages have been subjected to forced labor?

Yes. Some payment being made does not by itself make work under threat or severe pressure lawful.

Does voluntarily starting work amount to accepting later exploitation?

No. Threats, debt pressure, withholding of identity documents or obstruction of departure that emerge later are examined separately.

Is it necessary to cross a border for human trafficking?

No. When the elements in the law are made out, procuring, transferring or harboring within the country may also be assessed under the relevant offense.

Can one go to the prosecutor’s office before labor mediation is completed?

Yes. Mediation concerning a labor claim is not a precondition for the investigation of human trafficking or another offense.

Is an employer’s keeping of an identity document by itself proof of human trafficking?

It may not be sufficient for a definite conclusion on its own. Whether the identity document was returned on request, why it was kept and other signs of pressure are investigated together.

Was a corvée violation found in the Yasemin Balcı decision?

The majority held that there was no violation as to corvée and forced labor, and that there was a violation as to the right to property. The dissenting opinions must not be confused with the majority’s ruling.

Is there a special residence option for a foreign victim of human trafficking?

Yes. Law No. 6458 provides for a thirty-day initial permit and a conditional extension. The assessment is made by the competent authority according to the person’s specific situation.

Sources

1. Constitution of the Republic of Türkiye, Arts. 18, 35, 36, 49, 55 and 148. Official text.

2. ECtHR Registry, Guide on Article 4 of the ECHR, update of 28/2/2026; in particular the sections on forced labor, human trafficking and positive obligations. The guide cites Siliadin v. France (73316/01, July 26, 2005), Rantsev v. Cyprus and Russia (25965/04, January 7, 2010) and Chowdury and Others v. Greece (21884/15, March 30, 2017). Official guide.

3. Ministry of Justice, information for victims of human trafficking; Presidency of Migration Management, YİMER. Victim information, official YİMER page.

4. Law No. 6458 on Foreigners and International Protection, in particular Arts. 48–49. Official text.

5. Constitutional Court, Yasemin Balcı [GK], Application No. 2014/8881, July 25, 2017, in particular §§ 61–80, 87–98 and the operative part. Official decision.

6. Turkish Criminal Code No. 5237, in particular Arts. 80 and 117. Official text.

7. Constitutional Court, Atilla İnan, Application No. 2012/615, November 21, 2013, examination of forced labor and the operative part. Official decision.

8. Constitutional Court, Ali Şanlı, Application No. 2019/18003, March 31, 2022, in particular §§ 55–78. Official decision.

9. Labor Courts Law No. 7036, in particular Art. 3. Official text.

10. Labor Law No. 4857, in particular Arts. 20, 24, 32 and 34. Official text.

11. Law No. 6216, Arts. 45–50. Official text.

12. Constitutional Court, Individual Applications Began to Be Received Through the UYAP Attorney Portal, 1/10/2025. Official announcement.

13. Code of Criminal Procedure No. 5271, Arts. 172–173. Official text.

14. Constitutional Court, E.2025/252, K.2026/71, March 26, 2026; Official Gazette of May 25, 2026, No. 33264; in particular §§ 20–29 and the operative part. Official decision.

15. ECtHR, Siliadin v. France, Application No. 73316/01, July 26, 2005, §§ 117–120, 148–149 and the operative part. HUDOC full decision.

16. ECtHR, Chowdury and Others v. Greece, Application No. 21884/15, March 30, 2017. Turkish translation by Mülteci-Der published in HUDOC; not an official translation of the Court. Translation of the decision.

17. ECtHR, Rantsev v. Cyprus and Russia, Application No. 25965/04, January 7, 2010, in particular §§ 284–309 and the operative part. HUDOC full decision.