The foundational legal instrument of labor law in Turkey is the individual labor contract, which regulates the rights and obligations between an employee and an employer. Under Turkish law, a valid labor contract must incorporate three essential elements: technical, economic, and legal.

• Technical Element: The contract must include provisions detailing the nature of the work to be performed and the rules governing the performance of duties.

• Economic Element: The remuneration (wage) must be clearly defined. The contract should ensure the wage is continuous and paid in a timely, pre-determined schedule.

• Legal Element: The contract must reflect the hierarchical relationship between the employer and the employee, signifying the subordination of the employee in terms of work organization and control.

It is important to distinguish labor contracts from attorney agreements and contracts for services, which fall outside the scope of labor law. Similarly, civil servants and public employees are governed by administrative law, not labor law, due to the unique public law relationship between the state and its personnel.

Fundamental Principles of Turkish Labor Law

1. The Principle of Protection of the Employee

As industrial development advanced, states became obliged to implement protective regulations for workers. In Turkey, this principle remains central, but its implementation is subject to public interest and fiscal capacity. Article 65 of the Turkish Constitution stipulates:

“The State shall fulfill its duties as laid down in the Constitution in the social and economic fields within the capacity of its financial resources, taking into consideration the priorities appropriate with the aims of these duties.”

This provision suggests that while worker protection is a priority, it must align with the state’s economic capacity. In practice, this may allow the government to limit or defer financial liabilities such as compensation claims arising from inadequate working conditions.

2. The Principle of Interpretation in Favor of the Employee

In the presence of ambiguity or legal gaps within labor legislation, interpretation must favor the employee. This protective interpretation principle is an established norm in Turkish labor law, ensuring employees are not disadvantaged by uncertain or incomplete legal provisions.

Sources of Turkish Labor Law

Turkish labor law is primarily codified and belongs to the civil law tradition. The primary statute governing labor relations is:

• Labor Law No. 4857 – applicable to general employment contracts.

Additional sector-specific laws include:

• Maritime Labor Law No. 854 – applicable to seamen and maritime workers.

• Law on Press Employees – applicable to journalists and media personnel.

For employment relations not governed by the above laws (e.g., certain service contracts), the Turkish Code of Obligations applies, regardless of the parties’ employment status.

In the realm of collective labor law, the following statutes apply:

• Law on Labor Unions

• Law on Collective Bargaining Agreements, Strikes, and Lockouts

• Law on Public Servants’ Unions

Role of Customary Law

While Turkish law is codified, customary law may apply in cases where no relevant written provision exists. This is particularly relevant in agricultural and rural employment relationships, where traditional practices and working customs form a significant part of labor relations.