Employment Law
Turkish Labour Law provides distinct responses to unpaid wages. An employee whose wages remain unpaid for 20 days after payday, other than because of force majeure, may refrain from performing work under Article 34 while the contract continues. Separately, Article 24/II-e permits immediate termination for just cause when wages are not calculated or paid as required by law or contract. The 20-day period is not an additional condition for just-cause termination. Evidence and the circumstances matter.
1. When wages must be paid
Under Article 32 of Labour Law No. 4857, wages must be paid at least monthly; a contract or collective agreement may shorten the interval to one week. Wages and related payments are generally paid in Turkish currency at the workplace or into a designated bank account. Employers subject to mandatory bank payment must use that method. Payment by promissory note or coupon is prohibited. Article 37 requires a signed or specially marked wage statement showing the relevant items.
In its decision of 24 February 2022, E. 2020/234, K. 2022/199, the Court of Cassation General Assembly explained that unpaid or late wage components, including overtime and holiday pay, can support just-cause termination. Whether the right exists depends on the evidence.
2. Refusing work and just-cause termination
Refusing work: where wages remain unpaid for 20 days from the due date for a reason other than force majeure, Article 34 permits the employee to refrain from working. The contract does not thereby end; the statute protects employees from dismissal for that reason and restricts replacement of their work.
Immediate termination: Article 24/II-e concerns wages not calculated or paid in accordance with law or contract. It is a separate right and is not automatically dependent on the Article 34 waiting period. Article 26 sets six working days from learning of the conduct and, generally, a one-year outer period for the specified grounds; continuing non-payment can affect that assessment. A single delay and the precise facts must be evaluated carefully.
The General Assembly decision concerned unpaid overtime and holiday wages that continued after a generally worded resignation notice. The court assessed the real reason and sequence of events; its result should not be assumed for every resignation.
3. Severance and notice compensation
Just-cause termination by an employee can give rise to severance under Article 14 of Law No. 1475 if the statutory conditions, including at least one year with the same employer, are met. A resignation without just cause does not by itself create that entitlement. A generic resignation document does not necessarily settle the true reason: its content and surrounding circumstances can be examined.
Notice compensation under Article 17 concerns failure to observe an applicable notice requirement. An employee who terminates the contract generally cannot claim notice compensation from the employer merely because they terminated it. Starting another job after a valid just-cause termination does not by itself change that legal result.
4. Proving wages and payment
The employer bears the burden of proving payment. Bank records, signed or unsigned payslips, accrued amounts and any reservation should be assessed together; an entry on a payslip does not necessarily prove that every hour claimed was paid. Messages and attendance records may support the account of hours and payment dates. Witnesses may help establish working conditions and, together with other evidence, the wage arrangements. Signing a payslip without reservation may make some disputes harder to prove.
5. Termination notice
State the ground clearly, including the months or wage items unpaid. Preserve the date and proof that the employer received the notice; a notarial notice or signed written acknowledgment may help. Who terminated first, when and for what reason can affect the outcome.
6. Mediation, proceedings, interest and limitation
For employee wage and compensation claims based on law or an employment agreement, applying for mediation is generally a condition before filing suit under Law No. 7036, Article 3. Limitation and forfeiture periods are suspended from application to the mediation office until the final record.
Wage claims are subject to a five-year limitation period. Severance, notice compensation and annual-leave pay are generally subject to five years under Additional Article 3, with transitional rules for earlier employment terminations. Article 34 provides the highest interest rate applied to deposits for wages unpaid on time; the applicable starting date depends on the claim and circumstances.
7. Wage Guarantee Fund
The fund is not available for every late payment. Under Additional Article 1 of Law No. 4447, qualifying employer insolvency events include concordat, a certificate of inability to pay, bankruptcy and postponement of bankruptcy. The fund covers up to three months of unpaid wages arising from employment, subject to the statutory conditions: work at the same workplace in the year before the insolvency event, payment based on basic wages and the statutory earnings ceiling.
8. Checklist and hypothetical examples
- Bank statements and wage payments;
- Payslips, employment agreement and wage-related messages;
- Attendance and entry records, termination notice and proof of receipt;
- Social-security service statement.
Example: An employee whose wages for two months remain unpaid gives notice identifying those months and terminates for just cause. Proof of payment rests with the employer; severance may arise if the legal requirements are met.
Example: Wages are paid ten days late every month. The employee records the pattern and raises it in writing. The duration and continuing nature of delay are relevant to the assessment. These examples are hypothetical.
9. Frequently asked questions
Can I stop work after one day?
Article 34 has a 20-day requirement and an exception for force majeure. Just-cause termination is a distinct assessment.
Does a resignation form automatically defeat severance?
No. The wording and true reason can be examined; entitlement depends on the facts and statutory conditions.
How can cash wages be proved?
The employer must prove payment; messages, records and witnesses may help establish the employment and amount.
What if the employer is bankrupt?
The Wage Guarantee Fund may cover up to three months of unpaid basic wages if its conditions and limits are met.
10. Sources
- Labour Law No. 4857, Articles 17, 24, 26, 32, 34, 37, Additional Article 3 and Transitional Article 8
- Law No. 1475, Article 14; Law No. 7036, Article 3; Law No. 4447, Additional Article 1.
- General Assembly of Civil Chambers, 24 February 2022, E. 2020/234, K. 2022/199, searchable at Court of Cassation decision search.
General information about Turkish law; individual facts and documents require separate assessment.