What Is Labor Law? What You Need to Know About Labor Law No. 4857

Meta Title: What Is Labor Law? Labor Law No. 4857 and Employee Rights

Meta Description: What is Labor Law No. 4857 and who does it apply to? Learn about employee and employer rights, working conditions, employment contracts, foreign employees, and the application of labor law to foreign employers.

Keywords: Labor Law, Labor Law No. 4857, What is Labor Law, employee rights, employer rights, foreign employee, employing foreign workers, foreign employer, work permit

What Is Labor Law?

One of the most important regulations governing the employment relationship between employees and employers in Türkiye is Labor Law No. 4857. Adopted on May 22, 2003, and published in the Official Gazette on June 10, 2003, Labor Law No. 4857 regulates many issues, including working conditions, employee rights, employer obligations, employment contracts, wages, working hours, annual leave, and the termination of employment contracts.

The main purpose of Labor Law is to establish the legal framework governing the relationship between employees and employers. The law regulates the rights and responsibilities of employers and employees working under an employment contract, as well as working conditions and the working environment.

Therefore, Labor Law is not merely a regulation that establishes employee rights. It also determines the obligations of employers and the rules according to which the employment relationship must be conducted.

As the labor market has become increasingly international, how Labor Law applies to foreign nationals has also become an important issue. For foreign employees working in Türkiye, International Labor Force Law No. 6735, together with the relevant work permit legislation, must also be taken into consideration. Similarly, foreign nationals who establish businesses or employ workers in Türkiye must comply not only with Labor Law but also with specific regulations concerning the employment and work status of foreigners.

What Is the Purpose of Labor Law No. 4857?

The primary purpose of Labor Law No. 4857 is to ensure that employment relationships are conducted within a defined legal framework.

Issues such as how long an employee may work, how wages must be paid, how annual leave is used, under what conditions overtime may be performed, how an employment contract is established, and how it may be terminated are regulated by Labor Law.

Under Article 2 of the law, an employee is defined as a natural person working under an employment contract, while an employer is defined as a natural or legal person, or an institution or organization without legal personality, that employs workers. The relationship between the employee and employer is referred to as the “employment relationship.”

Accordingly, one of the key elements under Labor Law is the existence of an employment relationship based on an employment contract.

Who Is Covered by Labor Law?

Labor Law No. 4857 applies to workplaces and employment relationships falling within its scope, except for the activities and employment relationships expressly excluded under Article 4.

However, not every working relationship automatically falls under Labor Law No. 4857. Article 4 provides exemptions for certain types of work and employment relationships. For example, certain maritime and air transportation activities, certain agricultural and forestry activities, domestic services, athletes, and other employment relationships specified by law may be subject to special regulations.

Therefore, when evaluating a particular employment dispute, it is first necessary to determine whether the employee and workplace fall within the scope of Labor Law.

What Rights Does Labor Law Provide to Employees?

The rights granted to employees under Labor Law cover a broad range of areas.

These generally include:

• the right to receive wages,
• limitations on working hours,
• overtime pay,
• weekly rest days,
• payment for national holidays and public holidays,
• annual paid leave,
• protection under occupational health and safety regulations,
• the right to equal treatment,
• severance and notice pay under certain conditions,
• legal protections against termination of employment under certain circumstances.

However, it should not be assumed that every employee will be entitled to all rights under identical conditions. Whether a particular right arises may depend on the employee’s length of service, type of employment contract, nature of the workplace, working arrangements, and the specific circumstances of the case.

For example, the conditions for entitlement to severance pay are not the same as the conditions for entitlement to annual paid leave. Similarly, performing overtime and calculating overtime compensation must be evaluated according to the specific circumstances of the employment relationship.

What Are the Employer’s Obligations Under Labor Law?

Labor Law should not be viewed solely as a regulation protecting employees. It also establishes important rights and obligations for employers.

An employer is required to conduct the employment relationship in accordance with the law and the employment contract. Timely payment of wages, compliance with lawful working conditions, allowing employees to use their statutory leave rights, and fulfilling other legal obligations are among the important responsibilities of employers.

Depending on the nature of the workplace, employers may also have obligations arising from occupational health and safety, social security, tax, registration, notification, and other legislation.

Therefore, simply preparing an employment contract is not sufficient for an employer. Numerous legal obligations must be fulfilled from the beginning of the employment relationship until its termination.

Why Is the Employment Contract Important?

Under Labor Law, the employment contract is one of the fundamental legal instruments establishing the employment relationship.

Under Article 8 of Labor Law No. 4857, an employment contract is an agreement under which the employee undertakes to perform work under the employer’s direction and supervision, while the employer undertakes to pay wages in return. Unless otherwise provided by law, an employment contract is not generally subject to a specific form requirement. However, employment contracts lasting one year or longer must be made in writing.

Having a written employment contract is particularly important for preventing disputes.

The contract should clearly regulate matters such as:

• the work to be performed by the employee,
• salary or wages,
• working hours,
• workplace address,
• leave entitlements,
• wage payment periods,
• duration of the contract,
• termination conditions.

Clearly regulating these matters can help prevent disputes that may arise in the future.

Employment Contracts for Foreign Employees

An employment contract is particularly important for foreign employees because merely signing an agreement between the parties may not be sufficient for a foreign national to legally work in Türkiye.

Foreign nationals who fall within the scope of International Labor Force Law No. 6735 generally need to obtain a work permit or work permit exemption before starting employment in Türkiye.

A crucial distinction must be made here:

A work permit and an employment contract are not the same thing.

The employment contract establishes the employment relationship between the employee and employer, while the work permit concerns the public-law aspect of the foreign national’s legal right to work in Türkiye.

Therefore, an employer who wishes to employ a foreign worker in Türkiye must consider both labor legislation and the legislation governing work permits for foreign nationals.

Are Foreign Employees Subject to Labor Law?

Foreign employees legally working in Türkiye are not automatically excluded from the basic protections of Labor Law simply because they are foreign nationals.

The scope of Labor Law is primarily determined by the nature of the employment relationship and the provisions governing the scope of the law. Article 5 establishes the principle that discrimination based on language, race, color, sex, disability, political opinion, philosophical belief, religion, sect, and similar grounds is prohibited in employment relationships.

Accordingly, when evaluating the legal status of a foreign employee in the workplace, the prohibition of discrimination must also be taken into account.

However, for foreign employees, there is an additional issue: whether the employee has a lawful right to work in Türkiye.

Where a work permit or work permit exemption is legally required, working without the necessary authorization may have consequences under legislation governing foreign nationals, independently from the assessment of the employee’s other rights arising from the employment relationship.

Therefore, employers employing foreign workers must consider two separate issues together:

1. Compliance of the employment relationship with Labor Law No. 4857.
2. Compliance with the legal requirements concerning the foreign national’s right to work in Türkiye.

What Should Employers Consider When Employing Foreign Workers in Türkiye?

An employer wishing to employ a foreign worker should first determine the employee’s legal status in terms of work permit requirements.

A work permit is an official document granting a foreign national the right to work in Türkiye under specific conditions. A temporary work permit generally allows a foreign national to work for a specific employer, in a specific job, and under specified conditions. An initial work permit may generally be issued for up to one year, while subsequent extensions may allow longer periods depending on the statutory requirements.

Work permit applications are not evaluated in exactly the same manner for every job or profession. Specific assessment criteria may apply depending on the sector, profession, and position. Certain sectors, such as information technology and education, may be subject to specific rules.

For this reason, an employer should not assume that the process is complete simply because an employment contract has been signed with a foreign worker.

The employer must first determine the legal basis of the foreign national’s right to work, obtain the required permit or exemption where necessary, and then conduct the employment relationship in accordance with the applicable legislation.

Can a Foreign National Employ Workers in Türkiye?

A foreign national may become an employer in Türkiye; however, the person’s own work status and the person’s status as an employer must be considered separately.

Foreign nationals who wish to establish a workplace and work independently in Türkiye are subject to certain legal requirements. After completing the necessary corporate and registration procedures, they may need to obtain a work permit in order to operate legally. Depending on the nature of the business, additional procedures concerning workplace and operating licenses may also be required.

For example, if a foreign national establishes a company or business in Türkiye and employs workers through that business, the foreign employer must fulfill the obligations arising from labor legislation.

Being a foreign employer does not eliminate the employer’s obligations under Labor Law.

A foreign employer may be required to:

• prepare employment contracts in accordance with applicable legislation,
• pay employee wages,
• comply with working-hour regulations,
• fulfill occupational health and safety obligations,
• complete social security notifications and registrations,
• comply with work permit requirements when employing foreign workers.

Social Security Obligations of Employers Employing Foreign Workers

Having a work permit does not eliminate an employer’s social security obligations concerning a foreign employee.

Foreign workers with valid work permits or work permit exemptions and employers employing foreign nationals may have social security obligations under applicable social security legislation. Certain notification and registration requirements may also apply.

Therefore, for foreign employees, the following areas should be considered separately but together:

work permit + employment contract + social security obligations

These are different legal areas, but they are closely connected.

Obtaining a work permit alone does not mean that all other employer obligations have been fulfilled.

Can a Foreigner with a Residence Permit Work in Türkiye?

One of the most common mistakes concerning foreign employees is assuming that a residence permit and a work permit are the same thing.

Having a residence permit in Türkiye does not, by itself, necessarily give a foreign national the right to work where a work permit is legally required. In such cases, the foreign national must obtain a work permit or work permit exemption.

At the same time, under the relevant legal framework, a work permit or work permit exemption may also serve as a legal basis for residence under the applicable conditions.

For this reason, when determining the legal status of a foreign employee in Türkiye, residence permits, work permits, and work permit exemptions must be distinguished from one another.

Social Security of Foreign Employees

Social security is another important issue for foreign employees working in Türkiye.

In general, foreign nationals with valid work permits are subject to applicable social security obligations. However, different rules may apply to employees from certain countries, individuals with special statuses, or persons covered by international social security agreements to which Türkiye is a party.

Therefore, the employee’s nationality, manner of entry into Türkiye, type of employment, nature of the employer, and any applicable international social security agreement should be examined separately.

The Principle of Equal Treatment Under Labor Law

One of the important principles of Labor Law is the principle of equal treatment.

Article 5 prohibits discrimination in employment relationships based on language, race, color, sex, disability, political opinion, philosophical belief, religion, sect, and similar grounds.

This provision is particularly important in workplaces employing people from different nationalities.

For example, if both Turkish and foreign employees work at the same workplace, the employer’s different treatment regarding wages, working conditions, or workplace practices may need to be examined to determine whether the difference has a legitimate legal basis.

However, the principle of equal treatment does not mean that every employee must be treated identically under all circumstances. Differences in duties, seniority, working conditions, or other objective factors may justify different treatment. What matters is whether the different treatment is based on a legally valid and objective reason.

How Should Labor Law and Work Permit Requirements Be Evaluated Together?

One of the most important issues concerning foreign employees is establishing the correct relationship between Labor Law and International Labor Force Law No. 6735.

Consider a simple example:

A restaurant operator in Türkiye wants to employ a foreign chef. The parties sign an employment contract. However, if the foreign national requires a work permit and begins working without obtaining the necessary authorization, the process cannot be considered legally complete simply because an employment contract has been signed.

The employer has obligations arising from both labor legislation and the legal framework governing the foreign national’s right to work.

Similarly, matters such as payment of the foreign employee’s wages, working hours, annual leave, and termination of the employment relationship must be evaluated separately under Labor Law.

Therefore, when employing foreign workers, labor law and immigration and foreign-worker legislation must be evaluated together.

Why Should Employees and Employers Seek Legal Assistance Regarding Labor Law?

Because labor legislation contains numerous different regulations, each employment relationship must be evaluated according to its specific circumstances.

Legal considerations may be particularly important regarding:

• preparation of employment contracts,
• employment of foreign workers,
• work permit procedures,
• wages and overtime,
• annual leave,
• severance and notice pay,
• termination of employment contracts,
• reinstatement claims,
• workplace accidents,
• social security notifications.

Mistakes in these areas can lead to significant legal consequences for both employees and employers.

When a foreign employee is involved, additional issues such as work permits, work permit exemptions, residence status, social security, and applicable international agreements may also need to be considered.

Frequently Asked Questions

What is Labor Law No. 4857?

Labor Law No. 4857 is one of the primary laws governing working conditions, rights, and obligations between employees and employers in many employment relationships in Türkiye. It was adopted on May 22, 2003, and published in the Official Gazette on June 10, 2003.

Does Labor Law apply to all employees?

No. Article 4 of Labor Law No. 4857 provides exemptions for certain types of work and employment relationships. Therefore, it is necessary to determine whether the particular employment relationship falls within the scope of the law.

Are foreign workers subject to Labor Law?

Foreign employees working in an employment relationship covered by Labor Law are generally subject to the relevant labor-law provisions. However, International Labor Force Law No. 6735 and other applicable regulations concerning the foreign national’s right to work in Türkiye must also be considered.

Can a foreign national with a residence permit work in Türkiye?

Having a residence permit alone does not necessarily grant the foreign national the right to work where a work permit is required. In such cases, the foreign national must obtain a work permit or work permit exemption.

Can a foreign national employ workers in Türkiye?

Foreign nationals may establish businesses and employ workers in Türkiye, subject to the applicable legal requirements. A foreign national operating a business as an employer must comply with the obligations arising from labor legislation.

Does an employer employing foreign workers have to fulfill social security obligations?

Employers employing foreign workers with work permits or work permit exemptions may have social security obligations under applicable legislation. However, special rules may apply depending on international social security agreements and the employee’s specific status.

Conclusion

Labor Law No. 4857 is one of the most important laws forming the legal framework of employment relationships in Türkiye. The law regulates not only employee rights but also employer obligations, covering a broad range of issues from the establishment of an employment contract to working conditions, wages, annual leave, and termination of employment.

At the same time, the Turkish labor market is no longer limited to Turkish citizens. The increasing presence of foreign employees and foreign employers in the Turkish labor market makes it necessary to consider international labor-force legislation alongside labor law.

For foreign employees in particular, Labor Law No. 4857 and International Labor Force Law No. 6735 must be evaluated together. Where a work permit is required, the necessary authorization must be obtained, social security obligations must be fulfilled, and the employment relationship must be conducted in accordance with Labor Law.

Foreign employers must likewise comply with both the obligations arising from their status as employers and the rules concerning the establishment and operation of businesses and the work status of foreign nationals in Türkiye.

In short, when establishing an employment relationship in Türkiye, it is not enough to ask only whether an employment contract has been signed between the employee and employer. The employment relationship should be evaluated as a whole under Labor Law No. 4857, social security legislation, and, where foreign employees are involved, International Labor Force Law No. 6735.