Wage Claims of Workers Employed Abroad

INTRODUCTION: Rights, Competent Court, Applicable Law, and Issues of Evidence

Thousands of Turkish workers employed abroad often face the most basic question when their employment contract ends:
"Can I claim my severance pay, notice pay, and other labor-related entitlements in Turkey?"

The answer to this question can be given by considering both Turkish Labor Law and International Private Law rules together. Factors such as the country where the worker is employed, the location of the employer's headquarters, the law chosen in the contract, and the bank account into which wages are deposited are all important in claiming employee entitlements.

Below, we systematically examine the issue of "labor claims of workers employed abroad," covering types of rights, competent courts, applicable law, statute of limitations, and proof

1. Legal Status of Workers Employed Abroad

Workers employed abroad;

It may have been shipped abroad by a company based in Türkiye
They may have signed a direct employment contract with a foreign company,
The contract may have been signed in Türkiye, but the individual may have been actually employed in projects abroad.

All of these scenarios raise the following fundamental questions:

Is it possible to file a lawsuit in a labor court in Türkiye?
Which country's laws will apply?
How are employee wage claims calculated according to Turkish law?

As a general rule, of worker protection and interpretation in favor of the worker , regulations that lead to a clear loss of rights for the worker can be deemed invalid. The statement in the contract that "Only the courts of country X have jurisdiction, Turkish law does not apply" does not always eliminate the worker's right to file a lawsuit in Turkey; it must be evaluated separately according to the specific circumstances of the case.

2. Wage Claims That a Worker Employed Abroad Can Allocate

Working abroad does not mean that a worker waives their labor rights . On the contrary, the amount of compensation that can be claimed often increases due to harsh working conditions.

The main labor claims are as follows:

severance pay
severance pay
Unpaid wages (salary, bonuses, incentives, etc.)
Overtime pay (for hours over 45 hours per week)
Weekend pay
National holiday and public holiday pay
Annual leave pay (pay for unused annual leave)
Additional payments such as per diem, travel and accommodation
Other damages arising from contract or law:
- Compensation for bad faith,
- Compensation for discrimination,
- Union compensation,
- Compensation for material and moral damages related to unfair dismissal, etc.

One common practice in overseas projects is "paying part of the monthly salary in cash and part via bank transfer" or "showing the minimum wage on the official payroll but a higher wage in actual payments ." This situation, if the worker can prove their actual wage, all labor claims to be calculated based on the actual wage. Furthermore , underpaid or unpaid per diem and travel expenses as a separate item of receivables . Payrolls, payment receipts, correspondence, and witness statements play a critical role in establishing the nature of per diem payments.

3. Competent Court: Can a Lawsuit Be Filed in Türkiye?

One of the most critical issues regarding wage claims for workers employed abroad is where the lawsuit should be filed.

In general terms:

Jurisdiction in labor courts;
- The court of the place where the case is heard,
- The court of the defendant's place of residence,
- In some cases, the court is designated as the court of the worker's place of residence.
In projects carried out abroad:
- If the employer company is established in Türkiye and its headquarters are in Türkiye,
- If the employment contract was signed in Türkiye,
- If the payment has been deposited into bank accounts in Türkiye,
- If the employer's actual place of management is in Türkiye,

In Turkey, filing a lawsuit in labor courts is possible in most cases.

Furthermore, even if the contract states that "a foreign court has jurisdiction," if this provision effectively eliminates the worker's right to sue or places the worker at a significant disadvantage, Turkish courts may interpret this jurisdiction clause in favor of the worker based on the specific circumstances of the case.

Therefore, the idea that "the contract states a foreign court, so I can't file a lawsuit in a Turkish court" is not always true.

4. Applicable Law for Wage Claims of Workers Employed Abroad: Turkish Law or Foreign Law?

According to international private law rules, parties can choose the applicable law within certain limits. It is common to find a clause in an employment contract stating, "This contract shall be governed by the law of country X."

However;

It is not possible to eliminate the rights of a worker , which are protected by absolute mandatory provisions , through a choice of law
the chosen foreign law provides the worker less protection than that afforded under Turkish law , the provisions more favorable to the worker may be applied.
The applicable law is determined by considering criteria such as the worker's actual place of work, the country where the work is primarily performed, and the employer's headquarters.

In practice, when a worker employed abroad files a lawsuit in Turkey, in most cases Turkish labor law is used to calculate severance pay, notice pay, and other labor-related entitlements; the clause allowing choice of law in the contract is only considered to a limited extent or may be disregarded if it results in an unfavorable outcome for the worker

5. Statute of Limitations for Wage Claims of Workers Employed Abroad: Does Working Abroad Make a Difference?

The statute of limitations for wage claims of workers employed abroadis primarily subject to the general rules of Turkish law; the fact that the worker is employed abroad does not, in itself, alter the statute of limitations period.

For regular claims such as wages, overtime pay, national holidays and public holidays pay, weekend pay, and annual leave pay, a statute of limitations of 5 years generally applies.
Current regulations also apply a 5-year statute of limitations for severance pay and notice pay
The statute of limitations usually begins the date of termination of the employment contract or the date the debt becomes due.

Workers abroad often;

Until I return to Türkiye,
Until you fully understand the terms of the contract termination,
Until they realize they've lost their rights,

It is possible to wait. During this waiting period, the statute of limitations continues to run. Therefore, in order to avoid loss of rights, close attention should be paid , and if possible, a lawsuit or mediation application should be made before the expiration of the 5-year period from this date.

6. Application of Interest on Late Payment of Wages

The application of interest for late payment of wages is also important for workers employed abroad, as these debts are often high and denominated in foreign currency.

severance pay , the highest bank deposit interest rate is generally accepted as being in the employee's favor.
For claims such as wages, overtime, UBGT (Unemployment Benefit Guarantee Fund), weekend pay, and similar entitlements, the date the claim becomes due :
- Legal interest or
- A higher interest rate, agreed upon in the contract and more favorable to the employee,
  may be applied.

the wages and entitlements of a worker employed abroad in foreign currency ;

Are the receivables in foreign currency?
Whether the amount will be converted to Turkish Lira using the exchange rate prevailing on the date of the lawsuit or payment
is a separate strategy.

The interest commencement date, the type of interest (legal/highest deposit rate, etc.), and the exchange rate used that significantly affect the total amount . While the statute of limitations eventually eliminates the claim's enforceability, interest with the economic cost . Therefore, interest must be taken into account when calculating the wage claims of workers employed abroad.

7. Proof and Evidence: Which Documents Are Important for Working Abroad?

In labor claims cases, the burden of proof is extremely critical, and obtaining evidence can be even more difficult for workers employed abroad. Nevertheless, the following documents are often sufficient to establish your rights:

Employment contract (in paper or electronic format)
Passport entry and exit records (showing periods of employment)
Airline tickets, visas and residence permits
Cards and workplace IDs related to the work site abroad
Pay slips, bank statements
WhatsApp, email, SMS messages
Shift schedules, attendance records
Witness statements (from fellow workers on the same project, etc.)

especially for overtime, weekend pay, and public holiday pay. Even if the employer does not prepare a payroll statement, any written or digital record showing the employee's actual working hours evidence in court .

Since documents brought from abroad often apostille certification and sworn translation , it is advisable to plan for this before the lawsuit.

8. Mandatory Mediation and Applications from Abroad

In Turkey, mediation is mandatory before filing a lawsuit regarding labor claims . This rule also applies to workers who wish to file a lawsuit in Turkish courts , even if they have worked abroad

Workers living abroad;

You can apply in person to the authorized mediation office in Turkey
The application can be submitted through their representative (lawyer) in Türkiye
In practice, some mediation meetings can also be conducted online

If the parties reach an agreement through mediation, the agreement constitutes a document with the force of a court judgment ; if no agreement is reached , the agreement allows for the filing of a lawsuit in labor court .

9. Common Problems Encountered in Practice and Recommendations for Workers

The most common practical problems encountered by workers employed abroad regarding their wage claims are as follows:

Failure to pay wages in full and on time,
Imposing long and arduous working hours without paying overtime,
Failure to actually grant annual leave,
Unjustified termination of the contract,
Avoiding severance pay by forcing a "resignation letter,"
Insurance records being incomplete or underreported.

Therefore, it is highly beneficial for workers going abroad to pay attention to the following points:

If possible, be sure to keep a copy of your employment contract
payment via bank transfer and to keep the receipts.
To keep all documents showing working hours and shift schedules
Do not sign any documents (resignation letter, release form, etc.) that your employer asks you to sign upon leaving your job without reading them and without seeking legal advice
Note the termination date and take the statute of limitations into account
Seek legal assistance from a qualified lawyer as soon as possible.

10. Frequently Asked Questions (FAQ) Regarding Wage Claims for Workers Employed Abroad

1. I worked abroad and returned to Türkiye. Can I file a lawsuit for severance and notice pay in Türkiye?

Yes, in many cases it is possible to file a lawsuit in labor courts in Turkey. Specifically;

If the employer company is headquartered in Türkiye,
If the employment contract was signed in Türkiye,
If the payment was made to a bank account in Türkiye,

Turkish courts are often considered competent . The fact that the contract specifies a foreign court does not mean you cannot file a lawsuit in Turkish courts in every case. The specific case will be considered within the framework of the principle of evaluating the case in favor of the employee.

2. The contract states "The laws of country X shall apply." Does this mean Turkish labor law cannot be applied at all?

No. Even if a choice of law is made in the employment contract, the employee's fundamental, mandatory rights cannot be completely eliminated by the contract.

The following points are important:

If the chosen foreign law provides the worker with less protection than Turkish law ,
If the worker suffers a significant loss of core rights such as seniority, notice period, and annual leave ,

Courts may consider the protective provisions of Turkish labor law in favor of the worker . Therefore, the idea that "The contract states foreign law, so I cannot claim any rights" is often wrong.

3. How can I prove the overtime I worked abroad?

Overtime work, weekend work, and holiday work can generally be proven with the following evidence:

Shift schedules, timekeeping records,
Passport entry and exit records, work site entry and exit records,
WhatsApp conversations, emails, instruction messages,
Witness statements from workers who worked on the same project ,
Payroll and internal correspondence prepared by the employer.

Gathering all the necessary documents can be challenging when working abroad; however, courts often rule in favor of the employee by considering the nature of the work and witness testimonies . Therefore, it is crucial to keep all documents and digital records you possess.

4. What is the statute of limitations for my wage claims related to the period I worked abroad?

Working abroad alone does not change the limitation periods. In general:

According to current regulations, a 5-year statute of limitations applies to claims for severance pay, notice pay, annual leave, overtime pay, wages, social security contributions, and holiday pay

The statute of limitations usually begins the date of termination of the employment contract or the date the debt becomes due.
Therefore;

It is essential to note the date of termination (leave of employment)
Initiating mediation and litigation before the 5-year period expires,

This is of vital importance to avoid any loss of rights.

5. I currently live abroad. How can I initiate mediation and litigation processes in Türkiye?

In Turkey, it is mandatory to apply to a mediator before filing a lawsuit for labor-related claims . Being abroad does not prevent you from pursuing this process.

a lawyer in Turkey to file a mediation application and initiate legal proceedings on your behalf.
Many mediation sessions online (video/telephone) in practice.
You can manage the process by submitting your documents (contracts, payrolls, correspondence, passport records, etc.) digitally to your lawyer.

In conclusion, living abroad severance pay, notice pay, overtime pay, and annual leave pay . The important thing is to gather your documents in time and pursue legal action before the statute of limitations expires.

Conclusion: Working abroad does not mean losing rights

In summary, the wage claims of workers employed abroad are , in most cases , significant monetary rights that can be claimed under Turkish labor law . The fact that a worker is abroad does not, in itself, eliminate the possibility of filing a lawsuit in Turkish courts , nor does it mean that they waive fundamental rights such as severance pay and notice pay

The country you work in, the employer's headquarters, the terms written in the contract, your working style, and the termination conditions will be evaluated together;

Which court has jurisdiction,
Which law will apply,
Which debts can you claim and with what evidence?

can be determined concretely.

Therefore, the most appropriate approach for workers who have worked abroad and whose employment contracts have ended is to gather the necessary documents and seek support from a specialist labor lawyer before the statute of limitations expires , and to assert their rights without delay. This will help prevent significant losses of rights regarding severance pay, notice pay , overtime pay, annual leave pay, and national holiday pay

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Wage Claims of Workers Employed Abroad