Can foreign employees claim severance pay, notice compensation and overtime in Turkey? Learn the 2026 rules, eligibility conditions, calculation principles, evidence, mediation and work permit issues.

Yes. Foreign employees working in Turkey can generally claim severance pay, notice compensation, overtime pay and other employment receivables when the legal conditions are satisfied. Foreign nationality does not, by itself, remove employment rights that arise from work performed in Turkey.

The important questions are how the employment ended, how long the employee worked, whether the employment agreement was indefinite or fixed-term, whether overtime was actually performed, and whether the employee can prove the relevant facts.

For foreign employees, another issue frequently arises at the same time: termination can affect the employee’s work permit and residence status. Employment compensation claims and immigration status should therefore be handled separately and without delay.

Can a Foreign Employee Receive Severance Pay in Turkey?

Yes, provided the statutory conditions are met.

The Ministry of Labour and Social Security confirms that an employee generally must have worked for at least one year under the same employer and the employment relationship must end for a qualifying reason.

Qualifying situations can include termination by the employer for reasons other than serious misconduct falling within the relevant statutory exception, termination by the employee for certain justified reasons, retirement-related termination, qualifying military service, death of the employee and certain other legally recognized situations.

A foreign employee therefore does not lose severance entitlement merely because they are not a Turkish citizen.

How Is Severance Pay Calculated?

The general calculation is based on 30 days of gross remuneration for each full year of service.

Partial periods exceeding full years are included proportionally. The calculation may include not only basic salary but also regularly provided monetary or measurable benefits such as transportation, meals and recurring bonuses.

However, severance compensation is subject to a statutory ceiling applicable on the termination date.

For the period from January 1, 2026 through June 30, 2026, the Ministry reported a severance ceiling of TRY 64,948.77 per year of service.

Because the ceiling can change during the year, the amount applicable on the actual termination date should always be checked before calculating a 2026 claim.

Example: Foreign Engineer With Four Years of Service

Assume a foreign engineer in Ankara has worked for the same employer for four years and is dismissed in circumstances creating severance entitlement.

The employee’s regular gross monthly remuneration is higher than the statutory severance ceiling.

In that case, the calculation for each full year is limited by the applicable severance ceiling rather than the employee’s entire gross salary.

The exact figure depends on the ceiling in force on the termination date.

Does Every Resignation Give a Foreign Employee Severance Pay?

No.

An ordinary voluntary resignation generally does not create severance entitlement.

However, resignation is not always legally treated as an ordinary resignation. An employee who terminates the employment relationship for a legally justified reason may still have severance rights.

For example, serious non-payment of wages or certain substantial employer violations may potentially support justified termination, depending on the facts.

This distinction is particularly important for foreign employees who write “I resign” without first determining whether the circumstances legally justify termination.

Can a Foreign Employee Receive Notice Compensation?

Yes, where the conditions apply.

Notice compensation generally arises when an indefinite employment agreement is terminated without compliance with the required notice period and no lawful ground exists for immediate termination.

The Ministry identifies the following statutory notice periods:

• Less than 6 months of service: 2 weeks
• Between 6 months and 1.5 years: 4 weeks
• Between 1.5 years and 3 years: 6 weeks
• More than 3 years: 8 weeks

If the employer ends the employment relationship without observing the applicable notice period, the employee may be entitled to compensation corresponding to that period.

Example: Foreign Manager Dismissed Immediately

A foreign manager in Istanbul has worked for the same employer for two years under an indefinite employment agreement.

The employer dismisses the manager immediately without a lawful immediate-termination ground and without giving notice.

Because the employee has worked between 1.5 and 3 years, the relevant notice period is generally six weeks.

The employee may therefore potentially claim six weeks of notice compensation in addition to any separate severance or salary claims.

Can an Employee Claim Both Severance and Notice Compensation?

Yes, potentially.

Severance pay and notice compensation are different claims.

Severance is linked primarily to length of service and the legal reason for termination.

Notice compensation concerns failure to comply with the statutory notice period in an indefinite employment relationship.

A foreign employee can therefore potentially qualify for both at the same time.

When Is Notice Compensation Not Payable?

Notice compensation is not automatic.

The Ministry explains that notice compensation is generally not payable where the employment relationship ends during a probationary period, where the employer validly terminates immediately under the statutory serious-misconduct framework, or where the employee resigns voluntarily without a justified immediate-termination ground.

An employee who leaves without complying with their own required notice period can, in some circumstances, become liable to the employer for notice compensation.

This is why the precise reason and method of termination matter.

Can Foreign Employees Claim Overtime Compensation?

Yes.

Foreign workers covered by the applicable employment legislation can generally claim overtime where they actually worked beyond the statutory or contractual working limits and the work can be established.

Under the general rule, work exceeding 45 hours per week constitutes overtime, subject to statutory exceptions such as lawful averaging arrangements.

Each overtime hour is generally paid at 150% of the employee’s normal hourly wage.

What If the Employment Agreement Provides a 40-Hour Week?

Then a separate concept becomes relevant.

Where the contract establishes a weekly working time below 45 hours, work exceeding the contractual weekly period but remaining at or below 45 hours is generally treated as additional work rather than statutory overtime.

The Ministry’s guidance states that these additional hours are generally compensated at 125% of the normal hourly wage.

Once weekly work exceeds 45 hours, the 150% overtime rate generally becomes relevant.

Example: Contract Says 40 Hours but Employee Works 48

Assume a foreign specialist in Izmir has a contract providing for 40 hours per week but regularly works 48 hours.

The first five hours above the contractual 40-hour week and up to 45 hours may generally fall within the additional-work framework.

The three hours above 45 are generally statutory overtime.

The two categories are compensated at different enhanced rates.

Can an Employee Take Time Off Instead of Overtime Pay?

Potentially, yes.

The Ministry’s published labour guidance states that, at the employee’s request, overtime can be compensated with free time instead of additional pay.

For each hour of statutory overtime, the employee may receive 1 hour and 30 minutes of free time. For each hour of additional work, the corresponding figure is 1 hour and 15 minutes.

The applicable statutory conditions should be checked before relying on compensatory leave.

Can Foreign CEOs and Senior Executives Claim Overtime?

Sometimes, but these cases are more complex.

A person who holds a senior title does not automatically lose every overtime right. However, actual managerial authority, independence over working hours, ability to organize work and the true nature of the position can materially affect the analysis.

For example, a genuine chief executive with broad authority to set their own working schedule may be treated differently from a manager whose working hours are tightly controlled by a higher-level executive.

Therefore, foreign CEOs, directors and senior managers should not rely solely on their job title when assessing overtime entitlement.

What Evidence Can Prove Overtime?

Evidence can include:

employment agreements, workplace entry and exit records, electronic access logs, shift schedules, timesheets, emails, internal messages, project records, travel records, company systems, security logs and witness testimony.

For remote or hybrid employees, electronic records can become especially important.

Foreign employees should preserve evidence before leaving the workplace because access to company systems may be terminated immediately after dismissal.

What If Overtime Was Never Written Down?

Lack of a formal overtime sheet does not necessarily mean no claim exists.

Employment disputes are decided based on the available evidence as a whole.

For example, regular late-night emails, workplace access records and witness statements may help establish working hours even where the employer did not maintain accurate time records.

What If the Employer Says Overtime Is Included in the Salary?

This clause requires careful review.

A contractual statement that salary includes overtime does not necessarily eliminate all future overtime claims regardless of the number of hours worked.

The wording of the employment agreement, the employee’s salary level, actual hours and mandatory employment rules must be assessed together.

Foreign employees should therefore not automatically assume they have waived all overtime merely because the contract contains a general “salary includes overtime” clause.

Can a Foreign Employee Claim Unpaid Salary Together With These Amounts?

Yes.

An employee may potentially combine several claims in the same employment dispute, including:

unpaid salary, severance pay, notice compensation, overtime, unused annual leave payments, bonuses or commissions and other proven employment receivables.

The existence of one claim does not automatically exclude another.

Are Work Permit Salary Records Useful Evidence?

They can be.

Foreign employees are frequently subject to work permit salary criteria. The amount stated in the work permit documentation may therefore become relevant where the employer later claims that the employee earned a much lower salary.

Bank statements, payroll, employment agreements and work permit records should be compared.

A discrepancy between the salary used for immigration purposes and the salary actually paid may create both employment and work permit compliance concerns.

Does Working Without a Valid Work Permit Automatically Eliminate Employment Claims?

This is a more complicated question.

Unauthorized employment can lead to administrative consequences under the international labour force framework. Employers and foreign workers have specific work permit and social security obligations.

However, an employer should not assume that a work permit violation automatically permits the employer to retain wages for work actually performed.

Claims arising from unauthorized employment require fact-specific analysis because employment, immigration and administrative law issues may overlap.

Does Losing the Work Permit Cancel Severance or Overtime Already Earned?

No automatic rule erases accrued employment receivables merely because the work permit later expires or employment ends.

For example, overtime performed while the employment relationship existed does not simply disappear when the employee loses work authorization.

Similarly, the legal assessment of severance depends on the employment history and termination circumstances.

Immigration status and compensation rights should be analyzed separately.

Can the Employer Avoid Severance by Calling the Employee a Consultant?

Not necessarily.

The actual legal relationship matters more than the label placed on the contract.

If the person in reality worked under the employer’s direction, followed working hours, received regular remuneration and functioned within the organization as an employee, describing the individual as an “independent consultant” may not always determine the legal result.

Foreign executives and specialists working under consultancy agreements should therefore examine the actual nature of the relationship.

Can a Foreign Employee Claim Compensation After Leaving Turkey?

Potentially, yes.

Leaving Turkey does not automatically extinguish accrued employment rights.

A foreign employee who has returned abroad may still pursue claims in Turkey through the applicable mandatory mediation and litigation process, subject to limitation periods and procedural requirements.

Appropriate legal representation can become particularly useful when the employee is no longer physically present in Turkey.

Is Mandatory Mediation Required?

Generally, yes for covered employment receivable and compensation disputes.

Before filing an employment lawsuit concerning severance, notice compensation, overtime, unpaid salary or similar monetary employment claims, mandatory mediation generally applies.

This gives the parties an opportunity to settle before court proceedings.

If settlement is not reached, the employee can proceed to the competent employment court.

What Documents Should a Foreign Employee Preserve?

A foreign worker considering a claim should preserve:

the employment agreement;

work permit records;

payroll records;

bank statements;

social security documentation;

termination notice;

resignation or dismissal documents;

annual leave records;

overtime and shift schedules;

electronic access records;

emails and workplace messages;

bonus or commission agreements;

expense and benefit records;

performance reviews;

and correspondence concerning salary or termination.

These records can materially affect the value and success of the claim.

Practical Example: Foreign Engineer Dismissed After Five Years

A foreign engineer in Ankara has worked for the same employer for five years.

The employer terminates the indefinite employment agreement without alleging serious misconduct and without giving the required notice period.

Depending on the complete circumstances, the engineer may potentially claim:

severance compensation based on five years of service;

eight weeks of notice compensation because the service exceeded three years;

unused annual leave payments;

unpaid salary;

and

proven overtime compensation.

The severance calculation would remain subject to the statutory ceiling applicable on the termination date.

Practical Example: Foreign Software Specialist Works 55 Hours Weekly

A foreign software specialist in Istanbul is contractually scheduled for 45 hours but regularly works 55 hours.

The additional 10 weekly hours may potentially constitute overtime where they are not otherwise lawfully balanced or compensated.

Each qualifying overtime hour is generally calculated at 150% of the normal hourly rate.

Electronic access logs, software records, emails and workplace communications could become important evidence.

Practical Example: Foreign Manager Resigns Because Salary Is Unpaid

A foreign manager in Bursa has not received wages for several months.

Instead of simply writing an ordinary resignation letter, the legal reason for ending the employment relationship should be carefully considered.

Where non-payment reaches the level recognized by employment law as a justified termination ground, the consequences may differ significantly from an ordinary voluntary resignation.

This can affect severance rights and other claims.

Practical Example: Employer Calls Payment “All-Inclusive”

A foreign specialist in Mersin receives a fixed monthly salary and the employer later argues that all overtime was included in that amount.

The employee has records showing extremely long weekly working hours.

The contract and actual working pattern should be analyzed together rather than assuming the employer’s label automatically eliminates the claim.

2026 Employment Compensation Checklist

A foreign employee should determine:

How long did I work for the employer? → Was my contract indefinite or fixed-term? → Who terminated the employment relationship? → Why was it terminated? → Was I given the correct notice period? → Did I work at least one year? → Is severance payable? → Did I regularly exceed 45 hours per week? → Does my contract provide less than 45 weekly hours? → What salary and benefits should be used in the calculation? → What evidence proves my working hours? → Are salary, leave, bonus or commission payments also outstanding? → Has mandatory mediation been initiated? → Has termination affected my work permit or residence status?

Frequently Asked Questions

1. Can foreign employees receive severance pay in Turkey?

Yes. Foreign nationality does not prevent severance entitlement. The employee generally needs at least one year with the same employer and a qualifying termination reason.

2. How is severance pay calculated?

Generally, 30 days of gross remuneration is payable for each full year of qualifying service, with proportional calculation for additional periods and subject to the applicable severance ceiling.

3. What was the severance ceiling at the beginning of 2026?

For January 1 through June 30, 2026, the Ministry reported TRY 64,948.77 per year of service.

4. Can a foreign employee claim notice compensation?

Yes. For indefinite employment agreements, the applicable notice periods generally range from two to eight weeks depending on length of service.

5. What are the notice periods?

They are generally 2 weeks for less than 6 months, 4 weeks for 6 months to 1.5 years, 6 weeks for 1.5 to 3 years and 8 weeks for more than 3 years.

6. When does overtime generally begin?

Under the ordinary rule, work exceeding 45 hours per week constitutes overtime, subject to statutory exceptions.

7. How much is overtime pay?

Each statutory overtime hour is generally paid at 150% of the normal hourly wage.

8. What if the contract provides a 40-hour workweek?

Hours above the contractual period and up to 45 hours are generally additional work paid at 125% of the normal hourly wage, while qualifying hours above 45 are generally paid at the overtime rate.

9. Can a foreign employee claim severance, notice pay and overtime together?

Yes, potentially. They are legally distinct claims and may arise simultaneously if the requirements for each are satisfied.

10. Can the employee pursue claims after returning abroad?

Potentially, yes. Leaving Turkey does not automatically extinguish accrued employment receivables, although procedural deadlines must still be respected.

Legal Assistance for Foreign Employee Compensation Claims in Turkey

Foreign employees in Turkey may have substantial financial claims when an employment relationship ends. Depending on the facts, these can include severance pay, notice compensation, overtime, unpaid salary, unused annual leave payments, bonuses and other employment receivables.

For 2026, severance compensation generally remains based on 30 days of gross remuneration for each year of qualifying service, subject to the statutory ceiling applicable at termination. Notice periods range from two to eight weeks according to service length, while ordinary statutory overtime above 45 weekly hours is generally compensated at 150% of the normal hourly rate.

Firat Fesih Kaya Law Office provides legal assistance to foreign employees, engineers, architects, managers, executives, information technology professionals and international workers in Ankara, Istanbul, Izmir, Mersin, Bursa and throughout Turkey concerning severance pay, notice compensation, overtime, unpaid salary, mandatory mediation, wrongful termination and related work permit consequences.

Legal assistance may include reviewing the employment relationship, determining whether severance entitlement exists, calculating notice compensation, analyzing overtime evidence, comparing payroll and bank records, initiating mandatory mediation and pursuing employment litigation where settlement cannot be reached.

Phone: +90 312 434 22 22
Mobile / WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Office: Mevlana Boulevard No:221, Yildirim Tower, Balgat, Cankaya, Ankara, Turkey

The central 2026 principle is straightforward: foreign workers are not excluded from employment compensation merely because of their nationality. If the statutory conditions are satisfied, a foreign employee can potentially recover severance pay, notice compensation, overtime and other unpaid employment rights in Turkey.