What are the points to be considered during the continuation of the employment contract?
The Turkish Labor Law, which establishes the legal basis for employment contracts and working conditions in the country, generally applies to expats in Turkey. The most important considerations throughout the duration of an employment contract in Turkey are as follows:
Contractual terms: The employment contract should specify the job title, tasks and responsibilities, working hours, remuneration, benefits, and termination conditions in detail. It must also adhere to the basic requirements established by the Turkish Labor Law.
Work permit requirements: In order to lawfully work in Turkey, expats must obtain a work permit from the Turkish Ministry of Labor and Social Security. The process for obtaining a work visa can be intricate, and expatriates must verify that they meet the qualifying requirements and produce all required papers.
Tax obligations: Expats residing in Turkey for more than six months a year are subject to Turkish income tax on their worldwide income. In Turkey, they must additionally pay social security contributions.
Employment termination: The Turkish Labor Law specifies the legal grounds for terminating an employment contract, including mutual consent, contract expiration, and termination with or without cause. Expats should be informed of their rights and obligations in the event of termination and, if necessary, seek legal counsel.
In the event of a dispute between an employer and an employee, the Turkish Labor Code allows a variety of dispute resolution options, such as mediation, arbitration, and litigation. Expats should be aware of their legal choices and seek counsel as necessary.
Expats in Turkey should ensure that their work contracts comply with the Turkish Labor Law and seek legal counsel if they have questions or concerns regarding their rights and responsibilities.
In which cases an expat would be subject to other country law in Turkey?
An expat working in Turkey may be subject to the laws of another country in certain situations, such as:
- If the expat is employed by a foreign employer and is working in Turkey on a short-term basis, they may be subject to the laws of their home country.
- If the expat is employed by a foreign employer and is working in Turkey on a long-term basis, they may be subject to the laws of their home country if a social security agreement exists between Turkey and their home country.
- If the expat is employed by a Turkish company but is performing work outside of Turkey, they may be subject to the laws of the country where the work is being performed.
- If the expat is a diplomat or a member of an international organization, they may be subject to the laws of their home country or the international organization they are a part of.
It is vital for expats to understand their legal position and potential obligations under Turkish law as well as the laws of their home country and other applicable nations. Consultation with an experienced attorney who can provide legal guidance and aid in navigating the complex legal landscape of working overseas is highly recommended.
