Labor or employment contracts can be fixed term or indefinite. Different kinds of disputes can arise from these contracts. Depending on the dispute different types of resolutions can be applied.
Can Foreigners Work in Turkey?
Yes. Foreigners can work in Turkey with an employment contract in jobs that are not unpermitted for foreigners. Employment contracts can be either fixed term or indefinite terms.
Can Foreigners File a Lawsuit Against Their Employers in Turkish Courts?
Yes. Foreigners working in Turkey can file a lawsuit against their employers in Turkish courts for issues such as non-payment of wages, unjust termination of the employment contract by employer, termination of the employment contract with justified reasons etc.
Turkish law will be applied to the dispute if the parties did not choose otherwise.
What is the Procedure to File a Lawsuit Against an Employer?
According to Turkish Law, in disputes arising from the contractual relationship between the employee and the employer, parties must go to mediation first. Mediation is not obligatory in disputes such as work accidents or occupational disease. Mediation applications are made to the mediation offices. Upon application, the mediator appointed by the mediation office brings the parties together. As a result of the negotiations, if the foreigner and the employer reach an agreement during the mediation phase, an agreement report is drawn up. This record can replace a court order. In case of non-compliance with the mediation agreement, it is possible to apply to the enforcement offices.
If the parties cannot reach an agreement with, a lawsuit can be filed in the Labor Courts. The court will examine the claims and defences of the parties, listen to the witnesses, evaluate the evidence etc., and make its final decision. In case the decision given by the court is not complied with, it is possible to apply to enforcement offices. In some cases, the decision of the court can be appealed. Although the application to the higher court stops the execution of the decision, the party who wants to stop the execution of the decision can stop the execution of the decision by providing a guarantee etc.