What happens when a foreign employee is placed on unpaid leave in Turkey? Learn how unpaid leave can affect work permits, salary, social security, residence status, permit extensions and employer obligations in 2026.

A foreign employee in Turkey may be placed on unpaid leave in circumstances permitted by employment law or by agreement between the employee and employer. However, unpaid leave can create additional work permit and immigration concerns that do not arise in the same way for Turkish employees.

This is because an employer-sponsored work permit is based on an actual employment relationship. The Ministry of Labour and Social Security also requires employers to fulfill social security obligations according to the wage and full-time employment declared during the work permit application.

Therefore, a short and properly documented period of unpaid leave should not automatically be treated as cancellation of a foreign worker’s permit. But lengthy or indefinite unpaid leave can raise questions about whether the employment relationship on which the permit was issued genuinely continues.

Does Unpaid Leave Automatically Cancel a Foreign Work Permit?

No.

There is no general rule under which every period of unpaid leave automatically cancels an existing work permit.

A distinction should be made between:

• Temporary unpaid leave while employment continues;
• Statutory or legally protected leave;
• Mutually agreed unpaid leave;
• Long-term suspension of employment;
• De facto termination disguised as unpaid leave.

The substance of the employment relationship is particularly important for a foreign employee.

Why Is Unpaid Leave More Complicated for Foreign Employees?

For an ordinary foreign employee, the work permit is not merely an employment document.

A valid work permit generally also gives the foreigner the right to reside in Turkey during its validity period.

In addition, the permit is issued on the basis of employment information submitted to the Ministry.

Consequently, prolonged interruption of work can potentially affect:

• Work permit compliance;
• Social security records;
• Salary declarations;
• Future work permit extensions;
• Residence status;
• Employer notification obligations.

The employer should therefore consider immigration compliance before placing a foreign employee on extended unpaid leave.

Can an Employer Unilaterally Place a Foreign Employee on Unpaid Leave?

This question is primarily governed by Turkish employment law rather than immigration law.

As a general employment-law principle, an employer cannot simply convert paid employment into indefinite unpaid leave whenever it wishes without considering the employee’s consent and any specific statutory basis.

Where unpaid leave constitutes a substantial change to employment conditions, the employee’s consent can become particularly important.

The fact that the employee is a foreign national does not remove ordinary employment-law protections.

Should Unpaid Leave Be Put in Writing?

Yes.

Foreign employees and employers should document:

• Reason for unpaid leave;
• Beginning date;
• Expected end date;
• Whether the employee consented;
• Whether employment remains active;
• Conditions for returning to work;
• Whether the leave arises from a statutory right.

Written documentation becomes particularly important if questions later arise during a work permit extension or inspection.

What Happens to the Employee’s Salary?

During genuine unpaid leave, the employer generally does not pay ordinary salary for the period in which the employee does not work, subject to the legal basis and specific circumstances of the leave.

However, this creates a separate work permit concern.

The Ministry states that social security obligations for a foreign employee with a work permit must be fulfilled according to the wage and full-time work declared and committed during the work permit application.

Therefore, a significant period during which no salary is paid should be properly documented rather than appearing as an unexplained payroll discrepancy.

What Happens to Social Security During Unpaid Leave?

Social security treatment depends on the nature and legal basis of the unpaid leave.

Periods during which no work is performed and no wage is earned may be reported differently from ordinary working days under social security legislation.

For foreign employees, the important point is consistency between:

• Payroll;
• Social security reporting;
• Employment records;
• Work permit records;
• Actual employment situation.

The Ministry confirms that employers of foreign workers must fulfill their social security obligations within the statutory periods.

Can Unpaid Leave Affect the Foreign Worker’s Residence Rights?

Potentially, but unpaid leave does not automatically mean that residence rights disappear on the first day of leave.

An ordinary fixed-term work permit generally also serves as a residence permit during its validity period.

The more serious issue arises if the underlying employment ends and the work permit is cancelled or otherwise ceases to remain valid.

Employers and employees should therefore distinguish carefully between:

temporary suspension of work

and

termination of the employment relationship.

What If the Employer Terminates the Employment During Unpaid Leave?

Termination materially changes the situation.

Under the International Labour Force framework, employers must notify the Ministry concerning the commencement and termination of employment and circumstances that may require cancellation of a work permit within the applicable statutory period. The Ministry currently states that the relevant notification period is 15 days.

Once the employment relationship supporting an employer-dependent permit ends, the foreigner should immediately assess their continuing immigration status and any new employment options.

Does the Employer Have a 15-Day Notification Obligation?

The Ministry states that employers employing foreigners must notify it within 15 days of the commencement or termination of work and circumstances requiring cancellation of the work permit.

A temporary period of unpaid leave should not automatically be equated with termination.

However, if the supposed unpaid leave actually results in the employment relationship ending or creates a circumstance requiring cancellation, the notification obligation becomes important.

Can an Employer Use Unpaid Leave to Avoid Cancelling a Work Permit?

Employers should not use indefinite unpaid leave merely to preserve a work permit where the genuine employment relationship has effectively ended.

Authorities can consider the actual circumstances.

For example, risk increases where:

• The employee has stopped working permanently;
• No salary has been paid for an extended period;
• There is no genuine return date;
• The employee’s position has disappeared;
• The employer no longer intends to employ the foreigner.

Calling such a situation “unpaid leave” does not necessarily determine its legal character.

Can Long-Term Unpaid Leave Affect a Work Permit Extension?

Yes, potentially.

This is one of the most important practical risks.

When applying for an extension, the Ministry may assess whether the conditions supporting the foreigner’s continued employment remain satisfied.

A long unexplained period of:

• No salary;
• No working days;
• No social security premium reporting;
• No actual work;

can create questions about whether the employment relationship genuinely continued.

Therefore, employers should preserve documentation explaining legitimate periods of unpaid leave.

Will One Month of Unpaid Leave Automatically Cause an Extension Rejection?

No automatic conclusion should be drawn solely from the duration.

The reason for the leave and the overall employment history matter.

For example, a documented temporary unpaid leave period followed by the employee’s return to normal work is different from an employee who has not performed any work for many months and has no genuine expectation of returning.

The Ministry evaluates work permit applications according to the applicable legal framework and criteria rather than a simplistic rule that any unpaid leave automatically invalidates the permit.

What If the Employee Takes Unpaid Leave for Family Reasons?

The employer should document the arrangement.

A temporary leave period for legitimate personal or family reasons does not necessarily mean that employment has terminated.

Useful documentation can include:

• Employee’s written request;
• Employer approval;
• Leave dates;
• Return-to-work date;
• Employment records after return.

This evidence can help establish continuity of the employment relationship.

What About Maternity-Related Unpaid Leave?

Maternity-related leave requires separate treatment because Turkish employment law provides specific rights connected with pregnancy, birth and childcare.

Foreign employees benefiting from legally recognized maternity or childcare leave should not be treated in the same manner as employees who simply stop attending work without authorization.

The employer should correctly document the statutory basis of the leave and make the appropriate social security notifications.

Can a Foreign Employee Take Unpaid Leave to Travel Abroad?

Potentially, where the leave is lawfully agreed or otherwise permitted.

However, several issues should be considered:

• Duration of absence;
• Validity of passport;
• Work permit expiration date;
• Whether employment genuinely continues;
• Ability to return to Turkey;
• Timing of any work permit extension.

A foreign employee should particularly avoid remaining abroad without checking whether their work permit will expire during the absence.

Can the Foreign Employee Return to Work After Unpaid Leave?

Yes, where the employment relationship remains valid and the work permit is still effective.

The employer should ensure that the employee’s return is properly reflected in:

• Payroll;
• Social security records;
• Internal employment records.

If the permit has expired or been cancelled during the leave period, the employee should not simply resume work without confirming valid work authorization.

Can the Employee Work for Another Employer While on Unpaid Leave?

Not merely because they are on unpaid leave.

An employer-dependent work permit does not become freely transferable while the employee is temporarily absent from the main job.

A foreigner must hold the appropriate work authorization before working in Turkey. Working without valid authorization can lead to administrative sanctions.

Therefore, unpaid leave from Employer A should not be treated as authorization to begin working for Employer B.

Can the Employee Freelance During Unpaid Leave?

Again, not automatically.

Being temporarily unpaid by the main employer does not transform an employer-dependent work permit into an independent work permit.

If the foreigner performs paid freelance or independent activity during the leave period, separate work authorization questions arise.

In 2026, a foreigner found independently working without the required work permit may face an administrative fine of TRY 82,010.

What If the Foreign Employee Secretly Starts Another Job?

This can create serious compliance risks.

For 2026, the Ministry lists administrative fines of:

• TRY 102,503 per foreign worker for an employer employing a foreigner without the required work permit;
• TRY 40,977 for a foreigner working dependently without a work permit;
• TRY 82,010 for a foreigner working independently without authorization.

The Ministry also states that foreigners identified as working without a permit are reported to the Ministry of Interior for immigration-related processing.

Therefore, unpaid leave should never be viewed as a temporary opportunity to work informally elsewhere.

Can a Foreign Employee Change Employers While on Unpaid Leave?

Potentially, but the new employment requires appropriate work authorization.

The existing employer-sponsored permit cannot simply be transferred to another company.

If the foreign employee intends to leave the first employer and begin working permanently for another employer, the new employer should complete the applicable work permit procedure before the foreigner begins working for it.

Can Unpaid Leave Be Used While Waiting for Another Work Permit?

This arrangement requires careful legal planning.

An employee should not begin working for the new employer merely because an application has been filed.

Until the new employment is legally authorized, the foreigner must comply with the scope of their existing status.

Does the Work Permit Remain a Residence Permit During Unpaid Leave?

As long as the work permit remains legally valid, an ordinary fixed-term work permit generally continues to function as a residence permit.

However, special categories are different.

The Ministry specifically states that work permits issued to international protection applicants, conditional refugees and persons under temporary protection do not substitute for residence permits.

The foreigner’s immigration category should therefore always be checked.

What If the Work Permit Expires During Unpaid Leave?

This can create a significant problem.

Unpaid leave does not automatically extend the validity period of a work permit.

The Ministry’s current documentation confirms that work permits are valid only between the beginning and expiration dates stated on the permit document.

If the permit expires, the employer and foreign employee must follow the appropriate extension or new-application procedure.

They should not assume that the expiration date is suspended merely because the employee was not actively working.

Can Unpaid Leave Extend the Work Permit Period?

No automatic extension arises simply because the employee spent part of the permit period on unpaid leave.

For example, if a permit expires on December 31, a three-month unpaid leave period during that year does not automatically move the expiration date three months forward.

The validity dates stated on the permit remain critical.

What If the Employee Is on Unpaid Leave When the Extension Must Be Filed?

This situation deserves particular attention.

The employer should assess:

• Whether the employment relationship genuinely continues;
• Whether the employee will return;
• Payroll and social security history;
• Reason for unpaid leave;
• Supporting documents;
• Whether applicable work permit criteria remain satisfied.

A documented statutory or temporary leave situation is different from an employment relationship that has effectively ceased.

Can the Employer Reduce the Employee’s Salary Instead of Unpaid Leave?

This raises separate employment and work permit issues.

Salary reductions can constitute a substantial change in employment conditions and can also affect compliance with minimum remuneration criteria applicable to foreign workers.

The employer should therefore not use an informal salary reduction as a substitute for properly documented leave.

Can Unpaid Leave Affect Future Permanent Work Permit Eligibility?

Potentially, depending on how the period is legally treated and recorded.

Eligibility for more advanced work authorization categories can depend on lawful work permit history and other statutory requirements.

A foreign employee planning long-term residence and employment in Turkey should therefore consider the potential effect of lengthy interruptions rather than focusing only on the immediate employment relationship.

Can the Employer Cancel the Work Permit During Unpaid Leave?

If the employment relationship has actually terminated or another circumstance requiring cancellation arises, the employer has notification obligations.

However, genuine temporary unpaid leave should not automatically be treated as termination.

The legal basis of the leave and the continuing employment relationship should be established clearly.

What Documents Should the Employer Keep?

For a foreign employee placed on unpaid leave, the employer should preserve:

1. Employee’s unpaid leave request, if applicable;
2. Employer’s written approval;
3. Reason for leave;
4. Start and end dates;
5. Employment contract;
6. Current work permit;
7. Payroll records;
8. Social security records;
9. Return-to-work documentation;
10. Any relevant medical, maternity or family-leave documentation.

These records may become important during a later work permit application or inspection.

What Should the Foreign Employee Check?

The foreign worker should verify:

• Work permit expiration date;
• Whether the permit remains valid;
• Whether employment has actually been terminated;
• Social security status;
• Expected return date;
• Whether a work permit extension is approaching;
• Whether another residence basis is available if employment ends.

Foreign employees should not rely solely on an informal statement such as “your job is frozen for now.”

2026 Practical Rule for Unpaid Leave and Foreign Work Permits

The safest approach is to distinguish between four situations.

Short, documented unpaid leave with continuing employment:
This should not automatically be treated as work permit cancellation.

Legally protected or statutory leave:
The specific employment-law rules should be applied and the leave should be correctly documented.

Long or indefinite unpaid leave:
This creates greater work permit, payroll, social security and extension risk and should be reviewed individually.

Employment actually terminated:
The situation is no longer merely unpaid leave. Employer notification, work permit and residence consequences must be addressed. The Ministry requires relevant termination or cancellation circumstances to be notified within 15 days.

The central question is whether the genuine employment relationship supporting the work permit continues.

Frequently Asked Questions

1. Does unpaid leave automatically cancel a foreign employee’s work permit?

No. Temporary unpaid leave does not automatically mean that the permit is cancelled. The legal basis, duration and continuation of the employment relationship are important.

2. Can a foreign employee remain in Turkey during unpaid leave?

Generally, if an ordinary work permit remains valid, it continues to serve as a residence permit during its validity period.

3. Can a foreign employee receive no salary during unpaid leave?

Genuine unpaid leave ordinarily means that no normal salary is paid for the leave period, but payroll and social security treatment must be legally correct and properly documented.

4. Can unpaid leave affect a future work permit extension?

Potentially. Long periods without salary, work or social security reporting can require explanation and supporting evidence during future work permit procedures.

5. Can a foreign employee work for another company while on unpaid leave?

Not automatically. Unpaid leave from one employer does not authorize employment with another employer.

6. Can a foreign employee freelance while on unpaid leave?

Not automatically. Independent paid activity can require separate work authorization.

7. Does unpaid leave extend the work permit expiration date?

No automatic extension occurs. The validity dates appearing on the work permit remain applicable.

8. What happens if employment is terminated during unpaid leave?

The employer must address termination and work permit notification obligations. Circumstances involving termination or work permit cancellation must be notified to the Ministry within the applicable 15-day period.

9. Can the employer keep a foreign employee on unpaid leave indefinitely?

Indefinite unpaid leave can create serious employment-law and work permit issues. The genuine continuation of the employment relationship should be examined rather than relying only on the label given to the arrangement.

10. What should employers do before placing a foreign employee on long-term unpaid leave?

They should review the employment-law basis, employee consent where required, work permit validity, social security reporting, payroll, extension dates and possible immigration consequences.

Client-Focused Legal Support for Foreign Employees on Unpaid Leave in Turkey

Unpaid leave involving a foreign employee should be handled differently from a routine payroll interruption. A poorly structured arrangement can create problems with work permit extensions, social security records, residence rights and future employment.

Fırat Fesih Kaya Law Office assists foreign employees, international companies and foreign-owned businesses with unpaid leave, employment suspensions, work permit compliance, employer changes and work permit extensions in Turkey.

Lawyer Fırat Fesih Kaya provides legal assistance concerning foreign employee unpaid leave, maternity and family leave, work permit validity, social security compliance, employment termination, work permit cancellation and new employer applications.

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey

This article is intended for general information and does not constitute legal advice. The consequences of unpaid leave depend on the employee’s permit type, employment status and the specific facts of the case.

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