Aviation Law Series 1/6: Employment Contracts and Working Arrangements

Aviation workers do not all acquire their rights from one statute. The difference between aircrew and ground-based work affects notice, severance, working time and job security.

This introductory part explains the applicable regime, contract terms and training-cost disputes. The following parts address flight and rest limits, termination, ground handling, dispatchers and cargo carrier liability.

1. Which law applies to which employee?

Article 4(1)(a) of Labour Law No. 4857 excludes maritime and air transport work from that Law. The same article expressly brings work at aviation’s ground facilities within its scope. The employer’s airline status alone does not settle every employee’s position; actual duties and the nature of the work must be examined.

The reinstatement framework, notice periods and overtime provisions of Labour Law No. 4857 do not automatically apply to excluded aircrew. This does not mean that aircrew have no mandatory employment protections. The Code of Obligations, collective bargaining legislation, aviation safety rules and other applicable laws remain relevant.

For severance, examine the individual or collective agreement and any binding workplace practice instead of automatically importing the Labour Law system. The Court of Cassation’s 9th Civil Chamber, 25 June 2018, E. 2015/36466, K. 2018/13572, required investigation of an alleged practice of paying severance to aircrew. That case concerned a termination governed by the former Code No. 818; it should not be presented as a direct interpretation of every provision of the current Code.

2. Service contracts under the Code of Obligations

The parties should document their arrangements carefully. Contractual freedom is subject to mandatory rules; using a separate contract or obtaining a signature does not override statutory employee protection.

• Fixed term: Article 430 generally provides for expiry at the agreed end date without notice unless otherwise agreed. Tacit continuation and successive fixed terms have specific rules. A contract exceeding ten years can be terminated after ten years with six months’ notice under the statutory conditions, taking effect at the beginning of the following month.

• Indefinite term: Article 432 sets notice at two weeks for service up to one year, four weeks for service from one to five years and six weeks for more than five years. These periods cannot be shortened but may be increased. Payment in lieu, equal notice periods for the parties and suspension of the contract have specific rules.

• Probation: Article 433 permits an agreed probation period of no more than two months. Training does not automatically justify an unlimited probation period.

• Just cause: Article 435 allows termination without observing notice where just cause exists. The concrete reasons, evidence and applicable compensation provisions must be considered.

3. Typical aviation employment clauses

4. Training costs and commitments to remain in service

Type rating, cadet and line training can be expensive. A training repayment arrangement needs its own legal assessment. Distinguish reimbursement of genuine documented costs from a contractual penalty; they are not interchangeable.

• Describe the training, provider, duration, genuine cost and parties’ responsibilities in clear written terms.

• Set a reasonable service commitment and a declining repayment schedule reflecting service already completed where appropriate.

• Keep invoices and allocation records. Shared training expenses should be allocated on a justified basis, rather than charging the full group cost to one employee.

• Assess the reason for departure and who terminated. A separate signed agreement does not establish that repayment is due in every employer-initiated termination or employee termination for just cause.

• Check mandatory rules, including Article 420 on penalties imposed only against an employee, and the rules on excessive penalties under Article 182. A genuine cost claim and a penalty require separate analysis.

• If a foreign-currency amount is used, assess applicable currency restrictions, the exchange basis and repayment schedule. Currency fluctuation can produce substantial disputes; clear wording alone does not cure an unlawful arrangement.

5. Collective agreements and trade union rights

Law No. 6356 and an applicable collective agreement may regulate pay, severance, rosters, days off and discipline. Entitlement to benefit depends on the statutory conditions; it should not be reduced to a simple assumption that all union members are covered and all non-members are excluded. Solidarity dues and other applicable routes require examination.

In relationships between individual and collective terms, the statutory rules, including favourable individual provisions where applicable, matter. Do not assume every collective clause automatically removes a more favourable individual right.

Employers should maintain consistent lawful practice across employee groups. Employees should preserve rosters, payslips, contracts, training documents and relevant communications to support any later claim.

Legislation and case reference

• Labour Law No. 4857, Articles 4 and 17
• Turkish Code of Obligations: service contracts, penalties and non-compete clauses
• Law No. 6356 on trade unions and collective agreements
• DGCA/SHGM aviation legislation
• Court of Cassation, 9th Civil Chamber, 25 June 2018, E. 2015/36466, K. 2018/13572: aircrew status and investigation of alleged severance practice. Search by citation at the official case search.

Originally published: 7 October 2026. References reviewed: 30 October 2026. General information on Turkish law; check the current aviation rules and the particular contract before acting.