First decision: Which employment relationship and which legislation?
A correct document and process framework cannot be built without determining the employee’s actual duties, the employer’s identity, the relationship of management and dependence, and the law that applies. An employment contract, freelance service, internship, subcontracting relationship and temporary employment relationship are not merely differences of title. Calling a person who actually works as an employee a consultant does not by itself remove employee rights.
The scope and exceptions of Labor Law No. 4857 (İşK) and special regimes such as press, maritime and general service contracts should be assessed together. There may be special provisions under which a protective rule applies even outside the law’s general scope. For example, the scope of Art. 74 as regards persons working under an employment contract does not mean that all the other articles apply in the same way. [K01]
Who is the employer and the authorized person?
Where there is a group of companies, more than one workplace or an external service provider, it should be made clear who the employer is and which person has authority to hire, grant leave, discipline and terminate. The accounting unit that prepares the payroll is not by itself the authority competent to terminate. Documenting the authority arrangement is also important for the calculation of the period under Art. 26. [D01]
An employer’s obtaining legal advice or using human resources or payroll services does not entirely remove its own statutory responsibilities. The allocation of tasks should be set up around who will pass on what information and when, and who will make which decision.
Hiring: Documents that establish the relationship and the actual start
Type of contract and basic conditions
The duty, workplace, wage, time of payment, form of work and any term or probation clause should be clear. For a fixed-term contract, writing only an end date is not enough; the objective conditions in Art. 11 and the renewal arrangement are examined. A probationary period, for its part, is not a period of work without insurance or without pay. The limits in Art. 15 and the rights for days worked are preserved. [K01]
Adding the same confidentiality, non-competition, penalty and amendment clauses to every contract may not solve the real need. A penalty clause solely against the employee is invalid under TBK Article 420. Essential changes in working conditions must be assessed separately later; a general acceptance at hiring is not an unlimited authority for every change. [K01][K04]
Checks to complete before work starts
Social security notification, suitability for the job and, where necessary, professional qualification, occupational health and safety training, information on the duties and delivery of equipment should be carried out in line with the actual start. The general hiring notification period and statutory exceptions are applied according to the SGK rules. Backdating a document after the employee has started work is not the right method. [K11][K12]
It should be possible to trace in the employee’s file which version of the contract was signed and that a copy was given to the employee. A document requiring signature should not be confused with a draft, information with consent, or a delivery record with acceptance of a debt.
Period of employment: Wages, time, leave and changes
Recording wages and working time
That the wage is written in the contract is not proof of actual payment. Payroll and bank movements should be tracked together with bonus, fringe benefit, overtime and holiday items. Fixed attendance sheets that do not match the actual work record may damage credibility in a dispute.
The approval required for overtime, the annual limit, protected groups of employees and payment are different from one another. Written approval does not remove the right to pay. The arrangement in the current Regulation for giving overtime approval and withdrawing it thirty days in advance should be observed; old information about annual renewal should not be repeated automatically. Work on public holidays is examined separately under Art. 44. [K01][K15]
Leave planning and leave use are different
The request for annual leave, its approval and its actual use should be recorded separately. Assigning meetings or work tasks on days when the employee is shown as on leave may conflict with the leave on paper. While the employment contract continues, an arrangement cannot be made to waive the statutory annual rest by paying money in its place; the pay consequence of unused leave at termination is separate. [K01]
2026 maternity and childcare leave
Maternity leave for employees has in general been raised to twenty-four weeks, consisting of eight weeks before and sixteen weeks after birth; there is additional time for multiple pregnancies. Paid leave for the spouse on the birth of a child is ten days. Nursing leave, half-time work, unpaid leave of up to six months and part-time work until school age are different rights. An employer’s not changing its old leave form does not remove the new right in the law. [K02][K09][K10]
The leave right and the SGK or İŞKUR allowance should be managed separately. The date on which the employee will return to work is determined from the date of birth, the period worked with the physician’s approval, the right used and the related applications. All the processes should not be fitted into a single “maternity leave” box.
Personnel file and personal data management
The file under Art. 75 should be kept up to date from hiring until departure. However, this obligation does not give authority to investigate the employee’s whole private life. Identity, wage, health, leave and disciplinary records should be classified with their own purposes and bases. For special categories of data, the current KVKK Article 6 and adequate measures should be taken into account. [K01][K07]
Access and retention
The unit manager, payroll officer, legal unit and workplace physician do not need the same information to the same extent. Role-based access, change logs and secure backup are recommended institutional methods. It is important to keep the health file separate from the general administrative folder and to prevent unnecessary duplication.
Retention periods are also not uniform: there are special rules, such as a ten-year period from the beginning of the year following the relevant year for private employer records under SGK, and at least fifteen years from departure for the personal health file. These do not mean that all personnel data will be kept for the same period. Pending cases and other special provisions are examined document by document. [K11][K16]
When a problem arises: facts first, then sanctions
Establishing the incident and hearing the other side
When a complaint comes in, the actual incident, the date, the duty concerned and the sources of information should first be identified. The record should be based on direct observation; it should not be filled with assumed intent or a definite accusation of crime. The employee’s excuse, medical certificate, objection to the assignment and other records should be assessed.
In a complaint about occupational health and safety risk or harassment, measures that will ensure safety should also be considered. The employer’s duty to protect the employee cannot be interpreted as doing nothing until the result of the complaint is final. On the other hand, a precaution, an investigation and the final sanction are different acts; the parties should not be accused in advance of a crime or fault. [K04][K12]
Calendar check on absence
The options in Art. 25/II-g of two consecutive working days, two working days after holidays in a month or three working days in a month are checked against the actual work calendar. If there is leave or a justified excuse, the assessment changes. The decision of the 9th Civil Chamber of the Court of Cassation (Yargıtay 9. Hukuk Dairesi) dated April 13, 2026 shows that it is not enough to turn events in three different months into the statutory threshold for termination for cause merely on the ground of repetition. [D02]
A signed defense statement does not replace proof of the facts
The opportunity to give a defense statement under Art. 19 should, where required, be genuine and prior to the decision. The exception in Art. 25/II and contractual guarantees are examined separately. Failing to reply is not an automatic admission, and the existence of a reply form does not mean the incident has been proved. In a performance dispute, proof of the criteria and the real reason is especially important. [K01][D03]
Five separate checks in a termination decision
| Check | Question to ask |
|---|---|
| Legal ground | Is it cause, valid reason or some other manner of ending? |
| Material facts | Which record, witness and explanation support the ground? |
| Procedure | Is there a defense or a contractual board guarantee? |
| Time limit | Does Art. 26, a notice period or another special period apply? |
| Notice and consequences | Did the declaration of will reach the other party properly, and is the calculation of entitlements correct? |
Six working days do not apply to every termination
The six-working-day and one-year limits in Art. 26 are for grounds involving breach of morality and good faith rules. The competent authority’s learning of the matter and the date of the act are different starting points. The employee’s obtaining a material benefit relates to the one-year limit; it does not remove the six-working-day period. An investigation or a request for a further defense statement does not renew this period automatically. [K01][D01]
Current notification procedure
Article 109, amended in 2025, regulates the use of registered electronic mail (KEP) with the employee’s written consent, and separately preserves that notices producing the consequence of termination must in every case be in writing. Ordinary messaging and the special KEP regime are not the same. Although a notary is not mandatory in all transactions, the content of the notice, the signature and proof of its reaching the addressee are assessed separately. [K08]
The expression “termination without compensation” should be used carefully
On an employer’s termination under Art. 25/II, the consequence for severance and notice pay is not the same as for wages for time worked or unpaid leave claims. On an employee’s termination for cause under Art. 24, severance may arise if the conditions are met; a claim for notice pay from the employee’s own termination is assessed differently. If the ground for termination cannot be proved, the actual legal consequence should be re-examined. [K01][K14]
Departure: Settlement, payment, return of items and release
A departure procedure is not merely assigning an SGK exit code. The final wage and other entitlements should be calculated, payment traces preserved, assigned items returned and an employment certificate issued. The code does not by itself change the parties’ real intention or the legal nature of the event. [K01][K11]
If a release is to be used, the conditions in TBK Article 420 are checked separately: writing, at least one month, clarity of type and amount, and complete bank payment. The one-month waiting period for a release does not delay payment of wages that have fallen due. The effect of an invalid release and that of actual payment are different. In the decision of the Court of Cassation dated October 2, 2025 as well, offsetting the amount in the release, without bank or other evidence of actual payment, was found erroneous. [K04][D04]
A mediation agreement is subject to special provisions different from an ordinary release. A standard document signed by everyone who leaves on the same day cannot be presented as certain protection without examining genuine negotiation and the statutory conditions. [K06]
Track time limits separately in a dispute
For an employee who meets the reinstatement conditions, the rule of applying to a mediator within one month from the notification of the termination and filing suit within two weeks from the final record of failure to agree is important. The limitation periods for claims and compensation are a different calendar. The employer’s six-working-day period for termination for cause is not the same as these either. [K01][K05]
The statutory period of mediation as a condition precedent to litigation is three weeks from assignment, with an extension of at most one week in necessary cases. This period should not be read as the period within which the employee may apply. Statutory scope exceptions are checked separately for claims relating to work accidents and occupational disease. [K05]
After the judgment, steps such as applying to return to work, reinstatement, payment, offsetting and record correction must also be completed. Merely obtaining a court judgment does not mean that all enforcement responsibilities in the file have ended.
How can a corporate implementation framework be set up?
The allocation of tasks below is not a mandatory legal organizational chart but an implementable control proposal. Human resources handles documents and communication; unit management handles the actual work and incident information; the payroll team handles calculation and payment; the authorized manager makes the decision; and the lawyer handles legal characterization, time limits and dispute review. For health data, the role of the authorized health personnel is protected separately.
Matching documents with acts
For each critical act a record should be created: “who will complete what, with which document, and when?” At hiring, the contract and SGK; during work, attendance records and payment; on an incident, the record and explanation; on termination, authority and notice; on departure, settlement and return of items are tracked together. The version of each form and the group of employees to which it applies should be determined.
Regular checks and correction
Checking should not be only a count of missing signatures. In sample files, the consistency of payroll with bank records, leave with shifts, duty with training, and defense with termination is compared. If a deficiency is found, a document inconsistent with the past event is not produced; the actual situation is recorded and the process is corrected going forward. Legislative changes such as 2026 maternity leave should be reflected together in all the relevant forms and implementation instructions.
Corporate labor law risk matrix and a 90-day implementation plan
Labor law compliance is not built merely by completing missing documents. The employer needs to decide in advance which risk requires intervention the same day, which can be remedied by planned correction and which act requires a management decision. File, process and authority checks should therefore be tracked within a single risk matrix. [K01][K07][K11][K12]
Classifying risks at four levels
| Risk level | Typical example | First step | Record to be preserved |
|---|---|---|---|
| Critical | Undeclared work, work accident, allegation of harassment/violence, a preclusive period about to expire | Stop the event or ensure safety; same-day assessment by legal and the authorized manager | First report, shift and camera records, health records, notifications and authority document |
| High | Wage and overtime dispute, systematically incomplete attendance records, wrong termination code, access to special categories of data | Freeze the transaction, prepare an inventory of data and documents, make a correction plan | Payroll, bank, attendance records, access log and decision correspondence |
| Medium | Old contract template, out-of-date leave form, scattered personnel file | Update the standards and set an employee-by-employee completion schedule | Comparison of old and new versions and delivery records |
| Routine | Periodic training, annual leave plan, retention and destruction review | Scheduled check and assignment of a responsible person | Checklist, meeting and training records |
First 30 days: inventory and urgent corrections
In the first stage, the employee list, contract types, actual duties, wages and fringe benefits, work schedules, leave balances, health and training records and pending disputes should be matched. Termination, notification or case files involving time limits should be separated from the routine inventory and tracked as a priority. A missing document should not be completed by giving it a backdated date; the actual date of preparation and an explanation record should be preserved.
Days 31–60: process and authority design
In hiring, wage change, leave, discipline, defense, termination and departure flows, the decision-maker and the person who prepares the document should be separated. Within what time a manager will pass incident information to legal or human resources should be put in writing. For legal-entity employers, determining the authority competent to terminate is important especially for the time limits under Labor Law Art. 26. [D01]
Days 61–90: sample audit and management report
The consistency of the contract, payroll, bank, attendance, leave and personnel file should be tested on selected employee files. The result should be reported not only as a “number of missing documents” but in terms of possible employee claims, administrative sanctions, personal data risk and dispute cost. The management report should show the correction completed, the remaining risk, the responsible person and the target date.
Quarterly repeat audit
Because of new hires, departing employees, legislative changes and court decisions, the system may break down again over time. A quarterly sample check, an annual comprehensive audit and a special review after a significant incident should therefore be applied together. The aim is for legal and operational records to show the same reality before a dispute arises.
Conclusion
Preventive labor law management does not mean obtaining as many signatures as possible from the employee; it means doing the lawful act on time and showing actual practice with a correct record. Sustainable protection for the employer arises from the contract, wage, leave, data security, defense and termination processes confirming one another. Applying the employee’s rights openly is also a basic element of reducing dispute risk.
Frequently Asked Questions
Is a ready-made document package enough for all workplaces?
No. Sector, duty, form of work, special legislation and the collective labor agreement may require different documents.
Can the probationary period be without insurance?
No. A probation clause does not remove wage and social security obligations. [K01][K11]
Does a signed payroll end all payment disputes?
The content of the document, the signature, bank movements and other evidence are assessed together. Payroll and payment are not the same act.
Is a waiver of all wages given through overtime approval?
No. Approval does not remove the time limit or the right to pay. [K15]
Can any information be kept in a personnel file?
No. The purpose, necessity, legal basis, access and retention period must be determined. [K07]
Do six working days apply to every termination?
The scope of Art. 26 is grounds involving breach of morality and good faith rules; other terminations are examined under their own provisions. [K01]
Is a termination necessarily valid if a defense statement was taken?
No. The real reason, procedure, time limit and proof are assessed separately. [D03]
Are a departing employee’s entitlements held for a month for the release?
No. The time at which a release is prepared and the due date of payment of the claim are different. [K04]
Is maternity leave still sixteen weeks in total?
After the 2026 amendment, general maternity leave for employees is twenty-four weeks; special cases are examined separately. [K02]
Does obtaining technical or accounting services transfer all legal responsibility?
No. An allocation of tasks can be made; the employer’s statutory obligations and responsibility for decisions continue separately.
Related Labor Law Guides
- Which Documents Should Be Obtained from an Employee at Hiring? Employment Contract, Consents, Information and Delivery Records: The document framework at hiring for the employment contract, SGK notification, health, training, KVKK, overtime approval and delivery of equipment.
- How Is an Employee Personnel File Prepared? Mandatory Documents, Retention, Access and KVKK: Documents in the employee personnel file, electronic file security, access authorizations, retention periods, destruction and KVKK obligations.
- Termination of the Employment Contract for Cause: Conditions, Notice, Proof and Consequences for Employees and Employers: Grounds for termination for cause for employees and employers, six working days, defense, notice, proof, compensation, mediation and routes to court.
- Maternity and Nursing Leave for Employees (2026): Maternity Leave, Paternity Leave, Half-Time Work and Unpaid Leave: A guide to 2026 maternity leave, paternity leave, nursing leave, half-time work, unpaid leave, part-time work, and SGK and İŞKUR allowances.
Sources
K01 — Labor Law No. 4857; in particular Arts. 8, 11, 13, 15, 17–29, 32, 40–44, 53, 59, 74, 75 and 109. Together with the amendments of Laws No. 7555 and No. 7578. View source.
K04 — Law No. 6098, Turkish Code of Obligations; in particular the provisions on the contract of service, protection of personality, personal data and release (Arts. 417, 419 and 420). View source.
K07 — Law No. 6698 on the Protection of Personal Data; Arts. 4–7, 9–12. KVKK explanation on Special Categories of Personal Data; employment and occupational health/safety obligations under Article 6 as amended by Law No. 7499. View source.
D01 — 9th Civil Chamber of the Court of Cassation (Yargıtay 9. Hukuk Dairesi), E.2024/10547, K.2024/14444, October 24, 2024. The authority competent to terminate learning of the matter; the majority and the dissent are assessed separately. The full text was reviewed through De Jure. View source.
K11 — Social Security Institution (Sosyal Güvenlik Kurumu), Employer’s Obligations; explanations on hiring, departure, record retention and production. View source.
K12 — Occupational Health and Safety Law No. 6331, in particular Arts. 4, 15 and 17; Ministry of Labor and Social Security (ÇSGB) General Directorate of Occupational Health and Safety frequently asked questions. View source.
K15 — Regulation on Overtime and Work in Excess of Normal Periods under the Labor Law (İş Kanununa İlişkin Fazla Çalışma ve Fazla Sürelerle Çalışma Yönetmeliği); in particular Arts. 5, 8, 9 and 10, with the 2017 amendments. View source.
K02 — Law No. 7578 on Amendments to the Social Services Law and Certain Other Laws; adopted April 22, 2026, in particular Arts. 15–18, Provisional Art. 1 and the entry-into-force provisions. View source.
K09 — Turkish Employment Agency (Türkiye İş Kurumu), Half-Time Work Allowance; conditions for benefit and application. View source.
K10 — Regulation on Part-Time Work after Maternity Leave or Unpaid Leave (Analık İzni veya Ücretsiz İzin Sonrası Yapılacak Kısmi Süreli Çalışmalar Hakkında Yönetmelik), Official Gazette 08.11.2016/29882; in particular Arts. 6–15. As to the length of maternity leave, the higher-norm change introduced by Law No. 7578 is taken as the basis. View source.
K16 — Regulation on Occupational Health and Safety Services (İş Sağlığı ve Güvenliği Hizmetleri Yönetmeliği), Art. 7; retention of the personal health file for at least fifteen years from departure. Ministry of Health legislation publication. View source.
D02 — 9th Civil Chamber of the Court of Cassation, E.2026/1123, K.2026/3102, April 13, 2026. Days of absence and the statutory threshold for termination for cause. The full text was reviewed through De Jure. View source.
D03 — 9th Civil Chamber of the Court of Cassation, E.2022/18804, K.2023/1615, February 7, 2023. Opportunity to give a defense statement and proof of a valid reason based on performance. The full text was reviewed through De Jure. View source.
K08 — Law No. 7555, Art. 23; amendment of Art. 109 of Labor Law No. 4857: written notice, KEP with the employee’s written consent and the special position of the termination notice. View source.
K14 — Labor Law No. 1475, Art. 14; Ministry of Labor and Social Security, Labor Law frequently asked questions, explanations on severance pay. View source.
D04 — 9th Civil Chamber of the Court of Cassation, E.2025/6206, K.2025/7368, October 2, 2025. Validity of a release, bank payment, actual performance and offsetting. The full text was reviewed through De Jure. View source.
K06 — Law No. 6325 on Mediation in Civil Disputes; in particular confidentiality, the settlement document and its legal effects (Arts. 4, 5, 18 and 18/A). View source.
K05 — Labor Courts Law No. 7036; in particular mediation as a condition precedent to litigation, jurisdiction and the related transitional provisions. View source.