Termination of Employment in Turkey for Foreign Workers: Severance Pay, Notice, Work Permit Cancellation and Legal Claims

Introduction

The termination of a foreign employee’s employment in Turkey creates both employment-law and immigration-law consequences.

Ending the employment contract does not automatically complete every required procedure. The employer may separately need to:

Issue a written termination notice,
Calculate severance and notice compensation,
Pay unused annual leave,
Complete the employee’s final payroll,
Submit the Social Security Institution exit notification,
Request termination of the work permit,
Notify the Ministry of Labour,
Return the employee’s personal documents,
Complete mandatory mediation or litigation procedures if a dispute arises.

The foreign employee must also consider:

Whether the dismissal was legally valid,
Whether severance or notice compensation is payable,
Whether unpaid salary, overtime or commission remains due,
Whether the SGK termination code is accurate,
When the work permit and related residence rights end,
Whether a new employer must obtain a new permit,
Whether unemployment benefit can be claimed,
Which deadlines apply to reinstatement and monetary claims.

Foreign nationality does not remove employment rights arising under Turkish law. A foreign employee working lawfully in Turkey will generally benefit from the applicable rules on wages, notice, severance, annual leave, occupational protection and judicial remedies.

However, the correct legal framework depends on the employment relationship. Some employees may be governed primarily by the Labour Law No. 4857, while maritime employees, press workers, athletes, domestic workers and certain senior executives may fall wholly or partly under other legislation.

International employment contracts may also contain a foreign governing-law clause. Under Turkey’s private international law rules, the parties may select the applicable law, but that choice cannot deprive the employee of the minimum protection provided by the mandatory rules of the law of the employee’s habitual workplace. In the absence of a choice, the law of the country where the employee habitually works generally applies.

A foreign worker who habitually performs the job in Turkey may therefore remain protected by mandatory Turkish employment rules even where the contract refers to another country’s law.

Employment Termination, Work Permit Cancellation and SGK Exit Are Separate Procedures

Employers frequently assume that terminating the employment contract automatically cancels the work permit and completes the employee’s SGK departure.

That assumption is incorrect.

The following are related but legally distinct:

Termination of the employment contract
SGK employment exit notification
Termination of the Ministry of Labour work permit
Termination or change of the foreigner’s immigration status

Each procedure should be completed separately and consistently.

For example, an employer may give the employee a termination letter effective on 15 September but fail to terminate the work permit through the electronic system. Alternatively, the employer may cancel the work permit while failing to pay the employee’s contractual and statutory entitlements.

The cancellation of a work permit does not eliminate:

Earned wages,
Severance compensation,
Notice compensation,
Unused annual leave,
Overtime,
Commission,
Expense reimbursements,
Employment-related compensation claims.

Likewise, payment of employment entitlements does not remove the employer’s duty to complete the Ministry and SGK procedures.

Which Law Governs the Termination?

Where the employee habitually works in Turkey, Turkish mandatory employment protections will generally be important.

A contractual clause choosing foreign law may regulate certain issues, but it cannot ordinarily remove the minimum protection provided by the mandatory rules of the employee’s habitual workplace. If no governing law was chosen, the law of the habitual workplace generally applies. A temporary assignment to another country does not automatically change the habitual workplace.

The analysis may differ where the employee:

Regularly works in several countries,
Is temporarily assigned to Turkey,
Works for a diplomatic mission,
Is employed by a foreign company with no Turkish entity,
Works on a ship or aircraft,
Holds a senior corporate office,
Performs remote work from Turkey,
Has an employment relationship more closely connected with another country.

The governing-law question should be addressed separately from Turkish jurisdiction.

For employment disputes with an international element, Turkish courts may have jurisdiction where the employee habitually worked in Turkey. In a case brought by the employee, Turkish courts at the employer’s residence, the employee’s residence or the employee’s habitual residence may also be competent under the applicable private international law rule.

Fixed-Term and Indefinite-Term Contracts

The type of employment contract directly affects termination rights.

Indefinite-term contract

An indefinite-term contract continues until one party terminates it under the ordinary notice rules or for a legally recognised immediate-termination reason.

The statutory notice periods normally apply unless:

The employer pays compensation instead of allowing the notice period,
A valid immediate-termination ground exists,
A more favourable contractual or collective agreement applies.

Fixed-term contract

A genuine fixed-term contract normally ends automatically on its agreed expiry date.

Ordinary notice compensation is generally not payable merely because a valid fixed-term contract reaches the stated end date. However, the contract must genuinely qualify as fixed-term under Turkish law.

Repeated fixed-term contracts without an objective reason may be treated as an indefinite-term relationship.

Early termination before the agreed expiry date may produce different consequences depending on:

The contract wording,
Whether a just cause existed,
The remaining term,
The employee’s ability to mitigate the loss,
Whether a contractual penalty was agreed,
Whether the employment was governed by the Labour Law or the Turkish Code of Obligations.

A work permit expiry date does not always prove that the parties intended a legally valid fixed-term employment contract. The actual contractual structure must be examined.

Ordinary Termination by the Employer

An employer terminating an indefinite-term employment contract without immediate just cause must comply with the statutory notice periods or pay compensation corresponding to those periods.

The minimum notice periods are:

Less than six months of service: two weeks,
Six months to one and a half years: four weeks,
One and a half years to three years: six weeks,
More than three years: eight weeks.

These periods are statutory minimums. The employment contract or collective agreement may provide longer periods.

The parties should review whether a longer contractual notice period applies equally to both employer and employee and whether the clause is enforceable under the circumstances.

Payment in Lieu of Notice

Instead of requiring the employee to work during the notice period, the employer may terminate immediately by paying the notice-period compensation in advance.

The calculation is not necessarily limited to the employee’s basic cash salary.

Regular monetary and measurable contractual benefits may be included in the calculation, such as recurring:

Food allowance,
Transport allowance,
Housing benefit,
Regular bonus,
Other continuous benefits.

The exact calculation depends on whether the benefit is regular and capable of monetary measurement. Turkish Labour Law expressly requires regular monetary benefits provided in addition to salary to be considered in the relevant notice calculations.

A one-off discretionary payment will not necessarily be treated in the same way as a regular contractual benefit.

New Job Search Leave During the Notice Period

Where the employee continues working during the notice period, the employer must provide paid time for the employee to search for new employment.

The statutory new job search leave:

Must be at least two hours per working day,
Must be provided without deduction from salary,
May be combined and used collectively if the employee requests this arrangement properly,
Cannot be made to overlap with annual leave.

If the employer does not provide the leave, the corresponding wage must be paid. If the employer requires the employee to work during the job search leave, the law requires additional payment for that period.

A foreign employee may use this period to attend:

Job interviews,
Work permit consultations,
Consular appointments,
Immigration consultations,
New employer meetings.

However, the employee should follow the required notification procedure rather than leaving the workplace without informing the employer.

Resignation by the Foreign Employee

A resignation is generally an ordinary termination initiated by the employee.

An employee resigning without a legally recognised immediate-termination reason must normally comply with the applicable notice period. Failure to do so may expose the employee to a notice compensation claim by the employer.

A resignation should be:

Voluntary,
Clear,
Unconditional,
Properly dated,
Based on the employee’s genuine intention.

A document titled “resignation” is not always legally decisive.

The courts may examine whether the employee was:

Pressured to sign,
Threatened with deportation,
Given a blank document,
Misled about the content,
Told that salary would be withheld unless the document was signed,
Required to resign immediately after an unlawful workplace incident.

A forced resignation may be treated as an employer termination or may support another employment claim, depending on the evidence.

Never Sign a Turkish Resignation Letter Without Understanding It

A foreign employee should not sign a document merely because the employer describes it as:

Exit form,
Routine SGK paper,
Work permit cancellation form,
Salary receipt,
Reference request,
Final account.

The document may actually contain statements that the employee:

Resigned voluntarily,
Received every payment,
Waived reinstatement,
Had no overtime,
Used all annual leave,
Accepted a particular SGK exit reason,
Released the employer from all liability.

The employee should request:

Complete translation,
Time to read the document,
A copy before signing,
Correction of inaccurate statements,
Separate identification of each payment.

A foreign-language translation should accurately reflect the Turkish text that will be relied upon in official proceedings.

Employee’s Immediate Termination for Just Cause

An employee may terminate the contract immediately without waiting for the notice period where a statutory just cause exists.

Possible grounds include:

The work becoming dangerous to the employee’s health or life,
Serious deception by the employer when the contract was made,
Insult, threats or sexual harassment by the employer,
Workplace sexual harassment by another employee or third party where the employer fails to take necessary measures after notification,
Failure to pay wages according to law or contract,
Serious failure to apply agreed working conditions,
A force majeure event stopping work for more than one week.

Where the employee terminates for a valid just cause and has at least one year of qualifying service, severance compensation may be payable.

The employee should state the grounds accurately in the termination notice and preserve evidence.

A vague message saying “I no longer wish to work” may later be treated as an ordinary resignation rather than a just-cause termination.

Unpaid or Underpaid Wages

Failure to pay wages in accordance with the law or employment contract may give the employee a right to terminate immediately for just cause.

The employee should preserve:

Employment contract,
Payroll documents,
Bank statements,
Work permit application showing declared salary,
SGK records,
Messages about payment,
Commission calculations,
Exchange-rate clauses.

Foreign employees are sometimes promised one salary for work permit purposes but paid a lower amount in practice.

The salary declared during the work permit process, the employment contract, payroll and SGK records should be consistent. A discrepancy may support both employment and administrative complaints.

Wage claims are generally subject to a five-year limitation period, but delay should still be avoided because evidence and employer assets may disappear.

Employer’s Immediate Termination for Just Cause

An employer may terminate immediately where one of the statutory grounds is established.

These may include certain cases involving:

Serious health-related absence,
Misleading the employer about essential qualifications,
Insult or serious misconduct,
Workplace sexual harassment,
Theft or abuse of trust,
Disclosure of trade secrets,
Unauthorised and qualifying absence,
Persistent refusal to perform duties after warning,
Serious workplace safety risk,
Damage exceeding the statutory threshold,
Detention or arrest causing absence beyond the applicable notice period.

The legal consequences differ according to the subsection used.

An employer termination based on conduct contrary to morality and good faith under Article 25/II generally results in no notice compensation and no severance compensation.

The employer should not use Article 25/II merely to avoid severance and notice payments.

A termination based on misconduct must be supported by concrete facts and evidence, such as:

Investigation records,
Witness statements,
Access logs,
Written warnings,
Camera records obtained lawfully,
Audit documents,
Employee defence.

An inaccurate misconduct code may affect the employee’s reputation, unemployment benefit and future employment.

Time Limit for Immediate Termination Based on Misconduct

The right to terminate immediately because of conduct contrary to morality and good faith must ordinarily be exercised within six working days from the date the authorised party learns of the relevant conduct and, in any event, within one year of the event.

The one-year ultimate period does not apply in the same way where the employee obtained a financial benefit from the event.

An employer that learns of alleged misconduct but continues the relationship for an extended period may lose the right to rely on that event for immediate termination.

The six-working-day period should be calculated from the date on which the person or body authorised to terminate acquired sufficient knowledge, not necessarily from the earliest rumour.

Job Security and Valid Reason Requirement

Certain employees benefit from statutory job-security protection.

The principal conditions generally include:

An indefinite-term employment contract,
At least six months of service,
Employment at a workplace covered by the 30-employee threshold,
The employee not occupying an excluded senior employer-representative position.

For qualifying employees, the employer must rely on a valid reason connected with:

The employee’s capacity,
The employee’s conduct,
Operational requirements of the enterprise,
Workplace requirements,
Requirements of the work.

The employer must provide the termination notice in writing and state the reason clearly and precisely.

Where termination is based on the employee’s behaviour or performance, the employee’s defence should generally be obtained before termination, except where an immediate termination under the misconduct provisions is lawfully available.

Reasons That Do Not Normally Constitute Valid Dismissal Grounds

The Labour Law identifies several matters that do not ordinarily constitute a valid reason for dismissal, including:

Union membership or lawful union activity,
Acting as a workplace union representative,
Pursuing statutory or contractual rights,
Filing or participating in administrative or judicial proceedings against the employer,
Race, colour, sex, marital status, family obligations, pregnancy, religion, political opinion and similar reasons,
Temporary absence during legally protected periods.

A foreign worker should not be dismissed merely because the employee:

Requested payment of the salary declared for the work permit,
Asked to be registered correctly with SGK,
Complained about unlawful working conditions,
Contacted the Ministry of Labour,
Sought legal advice,
Requested annual leave,
Refused to work without a valid permit.

The actual reason for termination may be examined even where the written letter refers to restructuring or performance.

Reinstatement Claims

A qualifying employee who alleges that the employer failed to state a reason or relied on an invalid reason must apply to mandatory mediation with a reinstatement request within one month from notification of the termination.

If no settlement is reached, a reinstatement case must be filed within two weeks from the date of the final mediation report.

These are short forfeiture periods.

The employee should not wait for:

Severance payment,
SGK correction,
Work permit cancellation,
Employer’s internal appeal,
A reference letter,
Immigration proceedings.

If the termination is held invalid and the employee is not reinstated, the employer may be ordered to pay reinstatement compensation between four and eight months’ wages. The employee may also receive wages and related rights for up to four months for the legally protected period.

Whether actual return to work remains possible after the work permit ends must be assessed together with the work authorisation rules. The employment judgment and work permit procedure remain legally distinct.

Severance Compensation

A foreign worker covered by the Turkish severance regime may qualify for severance compensation under the same general conditions applicable to other qualifying employees.

The most common requirements are:

At least one year of service,
Termination by the employer for a reason other than misconduct under Article 25/II, or
Termination by the employee for a legally recognised just cause.

Other statutory severance events may include retirement-related conditions, death and specified family or military circumstances where applicable.

A foreign employee who simply resigns to leave Turkey or accept another job will not ordinarily receive severance compensation unless:

A statutory severance ground exists,
The contract provides a more favourable entitlement,
The employer agrees to pay it,
The termination is legally attributable to the employer.

Severance Calculation

Severance compensation is generally calculated as 30 days of gross wage for each full year of qualifying service.

Periods shorter than a full year are calculated proportionately. Regular monetary benefits may also be included in the gross calculation.

The calculation may include regular benefits such as:

Meal allowance,
Transport allowance,
Housing,
Regular cash benefits,
Continuous bonuses.

The factual structure matters. A benefit paid only once or entirely at the employer’s discretion may be treated differently.

Where salary is agreed in foreign currency, the contract, payroll system, payment date and applicable exchange-rate method must be reviewed.

2026 Severance Compensation Ceiling

Severance compensation is subject to a statutory ceiling for each year of service.

For the period from 1 July 2026 to 31 December 2026, the ceiling is TRY 73,729.87 for each year of service.

The applicable ceiling is normally determined according to the termination date.

An employee whose gross monthly calculation exceeds the ceiling will generally receive severance based on the ceiling unless the employer separately provides a more favourable contractual payment.

The statutory ceiling does not automatically limit:

Notice compensation,
Unpaid wages,
Annual leave,
Overtime,
Reinstatement compensation,
Contractual bonus,
Other distinct claims.

Tax Deduction From Severance Compensation

Qualifying statutory severance compensation is generally paid after deduction of stamp tax rather than ordinary income tax, subject to the nature and amount of the payment.

The Ministry of Labour’s official guidance states that only stamp tax is deducted from qualifying severance compensation.

Amounts paid above the statutory severance entitlement or under another contractual heading may have different tax treatment.

The settlement document should distinguish clearly between:

Statutory severance,
Notice compensation,
Additional termination payment,
Salary,
Bonus,
Annual leave,
Compensation.

Unused Annual Leave

When an employment contract ends for any reason, the employee must be paid for earned but unused annual leave.

The payment is calculated using the employee’s wage at the termination date. The limitation period for the annual leave payment begins when the employment contract ends.

Unused leave is payable even where the employee:

Resigns,
Is dismissed for misconduct,
Leaves after a fixed-term contract,
Is transferred out of Turkey,
Has the work permit cancelled.

The employer should maintain annual leave records.

A payroll statement saying “annual leave balance: zero” may be challenged if the employer cannot prove that leave was actually granted.

The employer cannot make statutory notice periods and new job search leave overlap with annual leave.

Other Claims at Termination

The final account should examine more than severance and notice compensation.

Depending on the employment relationship, the employee may also claim:

Unpaid salary,
Overtime,
Weekly rest pay,
National and public holiday pay,
Commission,
Bonus,
Expense reimbursements,
Contractual termination payment,
Unused annual leave,
Equal-treatment compensation,
Bad-faith compensation,
Repatriation expenses,
Employment-related damages.

The Labour Law requires wages and measurable contractual or statutory monetary benefits to be paid in full when the employment contract ends.

The employee should compare:

Employment contract,
Work permit records,
Payroll,
SGK service record,
Bank payments,
Timekeeping,
Messages,
Sales or commission records.

Commission and Bonus Claims

Foreign employees in sales, tourism, technology, export, real estate and financial services are often paid partly through commission or performance bonuses.

A termination does not automatically eliminate a bonus or commission earned before the termination date.

The analysis may depend on:

Whether the target was completed,
Whether payment was conditional on continued employment,
Whether the condition is legally valid,
Whether the employer received payment from the customer,
Whether the scheme was discretionary,
Past company practice,
Employee’s contribution.

The employee should preserve:

Bonus plan,
Sales records,
Customer invoices,
Performance reports,
Previous payments,
Internal correspondence.

Employer-Provided Housing and Return Travel

A foreign employee may receive:

Company accommodation,
Hotel room,
Transport,
Flight tickets,
Relocation package,
School support,
Private health insurance.

The employment contract should state what happens to these benefits after termination.

Questions may include:

How long may the employee remain in the accommodation?
Who pays the return flight?
Must the employee reimburse relocation costs?
Can the employer deduct costs from salary?
Does the private health insurance stop immediately?
Who pays for shipping personal belongings?

An employer should not remove the employee from accommodation without following the contractual and legal process.

A repayment clause concerning recruitment or relocation costs should be reviewed for proportionality and enforceability.

Settlement and Release Documents

Employers commonly ask departing employees to sign a:

Release,
Settlement,
Final account,
Mutual termination agreement,
Receipt.

Under the Turkish Code of Obligations, a release of employment claims is subject to strict conditions. Among other requirements, the release must be in writing, at least one month must have passed since termination, the type and amount of each claim must be stated clearly and payment must be made fully through a bank for a legally effective release of the identified claims.

A document signed on the final working day stating only that the employee has “no claims whatsoever” may therefore fail to operate as a complete statutory release.

Amounts actually paid may still have the legal effect of payment, even if the broader release wording is defective.

A foreign employee should not sign:

A blank release,
A document containing no payment breakdown,
A release in a language not understood,
A statement that all annual leave was used when it was not,
A statement that the employee resigned if the employer initiated termination.

Mutual Termination Agreement

The parties may end the employment relationship through a mutual termination agreement, often referred to in Turkish practice as an ikale.

A valid mutual termination should reflect the genuine and informed agreement of both parties.

The agreement should address:

Termination date,
Employee’s statutory claims,
Additional benefit offered in exchange for agreement,
Work permit termination,
SGK exit code,
Confidentiality,
Company property,
Reference letter,
Housing and travel,
Tax treatment,
Dispute resolution.

A mutual termination agreement should not be used to disguise an employer dismissal and remove job-security rights without providing a reasonable benefit to the employee.

The employee should be given an accurate translation and an opportunity to obtain independent advice.

SGK Employment Exit

The employer must submit the employee’s SGK exit notification within the applicable statutory period and use the correct termination code.

The SGK exit code can affect:

Unemployment benefit,
Consistency with the employer’s termination letter,
Evidence in employment proceedings,
Administrative records.

Examples of potential inconsistencies include:

Termination letter says redundancy, but SGK records resignation.
Employer alleges misconduct, but pays notice compensation.
Mutual agreement is recorded as voluntary resignation.
Fixed-term expiry is recorded despite repeated indefinite employment.

An incorrect code should be challenged promptly through the employer, SGK or appropriate legal procedure.

Correcting the SGK code does not by itself determine every employment entitlement, but the record may become important evidence.

Work Permit Termination Through e-İzin

When the foreign employee’s employment ends, the employer should submit a work permit termination request through the Ministry’s electronic system.

The official procedure is completed through:

e-İzin → İzin Sonrası İşlemler → İzin Sonlandırma Talebi

The request must be completed with the required electronic signature procedure.

The employer should retain:

Electronic submission receipt,
Termination date,
Permit number,
Supporting termination document,
Ministry result.

The employee may also request evidence that the work permit has been terminated correctly.

Fifteen-Day Ministry Notification

Employers employing foreign workers must notify the Ministry of:

Commencement of work,
End of work,
Circumstances requiring cancellation of the work permit or exemption.

The notification must generally be made within 15 days.

This obligation is separate from the SGK employment exit notification.

An employer that submits only the SGK exit has not necessarily completed the Ministry’s work permit termination procedure.

Does the Work Permit Continue After Employment Ends?

A fixed-term dependent work permit is generally tied to the named employer, workplace and job.

The employee should not use the former employer’s permit to work for another employer.

A new employer generally needs to submit a new work permit application. Employment should not begin merely because the previous permit card has a future expiry date.

The former employer should request permit termination, and the new employer should complete the appropriate initial work permit procedure.

Immigration Consequences of Work Permit Cancellation

A valid work permit generally functions as a residence permit while it remains effective.

When the work permit ends, the residence basis connected with that permit also ends. A foreigner who will remain in Turkey should immediately assess whether another lawful basis exists, such as:

New employer work permit,
Family residence permit,
Student residence permit,
Short-term residence permit where eligible,
Long-term residence,
Another lawful immigration status.

Official migration guidance confirms that the work permit or exemption serves as residence permission during its validity and that the end of that permission affects the foreigner’s lawful stay unless another residence basis is obtained.

The foreign employee should not assume that the date printed on the physical permit card remains effective after formal cancellation.

Can the Employee Stay in Turkey While Searching for a New Job?

The answer depends on whether the person has another valid residence basis.

The former work permit should not be treated as an independent job-seeker residence permit after it has been cancelled.

The employee should review:

Cancellation date,
Passport and visa position,
Existing residence permit,
Family ties,
Pending work permit application,
Applicable immigration deadlines.

A new employer’s application should be planned quickly, but submission of a new application does not always authorise the person to work or remain under the old permit.

Immigration and employment advice should be coordinated before the final working day where possible.

Unemployment Benefit for Foreign Workers

Foreign nationals may apply for Turkish unemployment benefit where the statutory conditions are satisfied and they hold the required lawful residence status.

The general conditions include:

Becoming unemployed without the employee’s will and fault,
Being subject to an employment contract for the final 120 days before termination,
Having paid at least 600 days of unemployment insurance contributions during the previous three years,
Applying within 30 days after termination.

İŞKUR states that foreign citizens may apply where the relevant conditions are met and they have a valid residence permit.

The employee should apply promptly rather than waiting for the employer to correct every payment dispute.

The SGK exit code may affect the initial assessment.

Does a Misconduct Dismissal Prevent Unemployment Benefit?

A termination recorded as the employee’s serious fault may prevent or delay unemployment benefit.

However, the SGK code is not always the final legal determination of whether the employer’s misconduct allegation was correct.

The employee may need to:

Challenge the dismissal,
Request correction of the exit code,
Submit the termination letter,
Present a mediation or court result,
Apply to İŞKUR within the applicable period.

A later finding that the employer’s allegation was unjustified may support correction and reconsideration.

Mandatory Mediation

Mandatory mediation is a procedural precondition for many employment disputes concerning:

Employee receivables,
Employer receivables,
Compensation,
Reinstatement.

A lawsuit filed without completing mandatory mediation may be dismissed procedurally.

The mediation application should identify the relevant claims accurately.

Possible claims may include:

Severance compensation,
Notice compensation,
Unpaid wages,
Overtime,
Annual leave,
Commission,
Reinstatement,
Equal-treatment compensation,
Bad-faith compensation.

The foreign employee may participate through a Turkish lawyer holding appropriate authority.

Where the employee does not understand Turkish, interpretation arrangements should be considered so that any settlement is informed and voluntary.

Reinstatement Deadline

The reinstatement mediation application must be filed within one month from notification of the termination.

If mediation ends without settlement, the employee has two weeks from the final report to file the reinstatement case.

These periods are much shorter than the general limitation periods for monetary employment claims.

A foreign employee should therefore obtain advice immediately after receiving:

Termination letter,
E-mail notice,
Notarial notice,
Signed separation document,
Effective verbal dismissal supported by later records.

Limitation Periods for Monetary Claims

Many employment claims, including:

Severance compensation,
Notice compensation,
Unused annual leave,
Wage-related receivables

are subject to five-year limitation periods under the current framework.

The exact starting date may differ.

For example:

Annual leave compensation becomes claimable upon termination.
Monthly wages become due on their individual payment dates.
Severance and notice compensation become due when the employment ends.

The existence of a five-year period does not justify delay.

An employer may close, transfer assets or lose records. Witnesses may also become difficult to locate.

Evidence for Foreign Employees

A foreign worker should preserve:

Employment contract,
Work permit and applications,
Residence documents,
Payroll,
SGK service statement,
Bank records,
Termination letter,
SGK exit information,
Annual leave records,
Timekeeping,
E-mails,
WhatsApp messages,
Performance reviews,
Commission calculations,
Workplace policies,
Witness details,
Flight and relocation documents,
Housing records.

The employee should not unlawfully access the employer’s computer systems or take confidential customer data merely to create evidence.

The evidence should relate to the employee’s own:

Work,
Hours,
Salary,
Termination,
Entitlements.

Employer Checklist Before Terminating a Foreign Employee

The employer should:

Determine whether the contract is fixed-term or indefinite.
Identify whether ordinary or immediate termination is intended.
Confirm the legal reason and supporting evidence.
Check whether the employee has job-security protection.
Obtain the employee’s defence where legally required.
Prepare a written and clear termination notice.
Calculate notice or payment in lieu.
Calculate severance compensation where payable.
Calculate unused annual leave.
Complete salary, overtime, commission and expense calculations.
Review housing, travel and insurance benefits.
Use the correct SGK exit code.
Complete the SGK exit procedure.
Terminate the permit through e-İzin.
Notify the Ministry within 15 days.
Return the employee’s passport and personal property.
Provide an employment certificate where required.
Preserve the personnel and termination file.
Avoid forcing the employee to sign a false resignation.
Prepare for mandatory mediation if the employee disputes the termination.

Foreign Employee Checklist After Termination

The employee should:

Obtain the written termination letter.
Confirm the effective termination date.
Request an accurate translation.
Do not sign a blank resignation or release.
Obtain the final payroll calculation.
Check severance and notice compensation.
Check unused annual leave.
Compare bank payments with payroll.
Check the SGK exit code.
Request evidence of work permit termination.
Review the effect on residence status immediately.
Contact a potential new employer about a new work permit.
Apply for unemployment benefit within 30 days where eligible.
Apply for reinstatement mediation within one month where applicable.
Preserve work permit, salary and working-time evidence.
Request payment of commission and expenses.
Obtain the employment certificate and reference documents.
Record employer-owned items returned.
Keep proof of all communications.
Do not leave Turkey without considering pending claims, representation and service arrangements.

Frequently Asked Questions

Do foreign workers have severance rights in Turkey?

Yes. A foreign worker covered by Turkish employment law may qualify for severance compensation under the same general statutory conditions as other qualifying workers.

How much service is required for severance?

The general minimum is one year of qualifying service.

Does every employer dismissal create severance entitlement?

No. A valid employer dismissal based on conduct contrary to morality and good faith under Article 25/II generally removes severance entitlement.

Does resignation create severance entitlement?

An ordinary voluntary resignation does not normally create severance entitlement. Severance may be payable where the employee terminates for a legally recognised just cause or another statutory severance event applies.

What is the 2026 severance ceiling?

For terminations between 1 July and 31 December 2026, the ceiling is TRY 73,729.87 for each year of service.

What are the notice periods?

They are two, four, six or eight weeks depending on length of service.

Can the employer terminate immediately by paying notice compensation?

Yes. The employer may pay the notice-period amount in advance instead of requiring the employee to work through the notice period.

Is the foreign employee entitled to job search leave?

Yes, where the employee works during the statutory notice period. The leave must be at least two hours per working day and is paid.

Is unused annual leave paid after resignation?

Yes. Earned but unused annual leave is paid when the employment contract ends for any reason.

Can an employer require annual leave during the notice period?

The statutory notice period and new job search leave cannot be made to overlap with annual leave.

Can a foreign employee terminate immediately if salary is unpaid?

Yes. Failure to pay salary in accordance with law or contract may constitute a just cause for immediate employee termination.

Can the employer dismiss a foreign worker for requesting a work permit?

A worker should not be punished for pursuing statutory rights or requesting lawful employment conditions. Job-security and equal-treatment rules may become relevant.

Does work permit cancellation end employment claims?

No. Work permit cancellation does not eliminate severance, wages, annual leave or other earned employment claims.

Who cancels the work permit?

The employer submits the termination request through the e-İzin system under the post-permit procedures.

How quickly must the Ministry be notified?

The employer must generally notify commencement, termination and cancellation-related circumstances within 15 days.

Is the SGK exit enough to cancel the work permit?

No. SGK exit and Ministry work permit termination are separate procedures.

Can the foreigner work for another employer using the same permit?

No. A standard dependent work permit is tied to the named employer and position. The new employer generally needs a new permit.

Can the employee remain in Turkey after the permit ends?

The employee needs another valid immigration basis. A work permit serves as residence permission only while it remains valid.

Can foreign workers receive unemployment benefit?

Yes, where the statutory contribution, termination, application and lawful residence conditions are satisfied.

How long does the employee have to apply for unemployment benefit?

The ordinary application period is 30 days after termination. A late application may reduce the benefit period unless a valid excuse exists.

How long does the employee have to challenge an invalid dismissal?

A reinstatement mediation application must be filed within one month from notification of termination. If mediation fails, the lawsuit must be filed within two weeks from the final report.

Is mediation mandatory?

Yes. Mandatory mediation is required before many employment receivable, compensation and reinstatement cases.

Can the foreign employee attend mediation from abroad?

The employee may generally participate through a properly authorised Turkish lawyer. Interpretation and the specific authority contained in the power of attorney should be checked.

Is a release signed on the last working day valid?

A full statutory release of employment claims is subject to strict requirements, including the one-month period, identification of claims and bank payment. A generic release signed immediately may not eliminate every claim.

Can the employer retain the employee’s passport?

The employer should not retain the employee’s passport as security or a method of control. Any original document temporarily delivered for an official procedure should be returned.

Can the employee claim unpaid commission?

Yes, where the commission was earned under the contract, company practice or applicable plan and can be supported with evidence.

Does leaving Turkey prevent an employment claim?

No. The foreign worker may pursue claims through a Turkish lawyer. However, powers of attorney, evidence, service and immigration consequences should be arranged before departure.

Conclusion

Terminating a foreign worker’s employment in Turkey requires coordinated employment, social-security and immigration procedures.

The employer must first determine whether the contract is fixed-term or indefinite and whether the termination is:

Ordinary termination with notice,
Immediate termination for just cause,
Employee resignation,
Employee just-cause termination,
Mutual termination,
Fixed-term expiry.

For an indefinite-term contract, the statutory notice periods range from two to eight weeks according to length of service. The employer may allow the employee to work during the notice period or pay the notice compensation in advance.

An employee working during the notice period is entitled to at least two hours of paid new job search leave each working day.

Severance compensation generally requires at least one year of service and a legally qualifying termination reason. An ordinary voluntary resignation usually does not produce severance, while a valid employee just-cause termination may do so.

For the period from 1 July to 31 December 2026, the severance ceiling is TRY 73,729.87 for each year of service.

Earned but unused annual leave must be paid whenever the employment relationship ends, regardless of the termination reason.

The final account should also consider:

Unpaid wages,
Overtime,
Holiday pay,
Commission,
Bonus,
Expenses,
Contractual benefits,
Housing and return travel.

A foreign employee should not sign a Turkish resignation, release or settlement document without a complete and accurate translation.

Employment termination does not automatically complete the work permit and SGK procedures. The employer must use the correct SGK exit process, submit the work permit termination request through e-İzin and notify the Ministry within 15 days.

Because a valid work permit generally serves as a residence permit, the foreign employee should review the immigration consequences immediately after termination. A new employer generally needs to obtain a new work permit before the employee can begin the new job.

Foreign nationals may claim unemployment benefit if they satisfy the contribution, termination, application and lawful residence conditions. The ordinary application should be made within 30 days.

Employment disputes concerning compensation, receivables and reinstatement are generally subject to mandatory mediation. A qualifying employee challenging an invalid dismissal must apply for reinstatement mediation within one month of receiving the termination notice.

The safest approach for both sides is to complete a written, transparent and internally consistent termination process covering employment rights, SGK records, work permit cancellation and immigration consequences.

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