本文作者/The Authors：
艾谢・赫尔居纳・比尔根
Ayşe Hergüner Bilgen
托尔加·达尼什曼
Tolga Danı§man
乌富克·亚尔钦
Ufuk Yalçın
伊斯梅特·博佐格鲁
İsmet Bozoğlu
本文译者/The Translator：
李能娜 Li Nengna
一、前言 Foreword
土耳其作为 “一带一路” 倡议中的关键节点国家，其独特的地理位置使其横跨欧亚大陆，成为连接东西方的重要桥梁。凭借优越的区位优势、庞大的国内市场以及持续推进的工业化进程，土耳其正吸引着越来越多中资企业的目光，在基础设施建设、天然气储存、光伏产业等领域展开深入合作。然而，土耳其的劳动法体系融合了本土传统与国际劳工标准，在雇佣合同、个人隐私、劳动权益保障等方面有着细致且严格的规定，构成了中资企业在当地开展业务时必须谨慎应对的合规挑战 。
Turkey, as a key node country in the Belt and Road Initiative, spans both Eurasian continents with its unique geographical location, serving as a vital bridge connecting the East and the West. Leveraging its superior geographic advantages, large domestic market, and ongoing industrialization drive, Turkey has been attracting an increasing number of Chinese enterprises to engage in in-depth cooperation in sectors such as infrastructure construction, natural gas storage, and photovoltaic industry. However, Turkey's labor law system, which integrates local traditions with international labor standards, features meticulous and strict regulations in areas such as employment contracts, personal privacy, and labor rights protection, posing compliance challenges that Chinese enterprises must carefully address when conducting business locally.
在《土耳其劳动法概览》中， Ayşe Hergüner Bilgen、Tolga Danı§man、Ufuk Yalçın和İsmet Bozoğlu这4位拥有深厚专业背景与丰富实务经验的律师，通过深度整合土耳其劳动法的实体规范与司法判例，逐层拆解用工管理中的刚性约束条款与潜在风险点，旨在帮助中资投资者穿透文化差异与制度壁垒，构建覆盖招聘、薪酬、解雇全生命周期的合规管理体系，为中资企业在土耳其市场的可持续发展提供关键法律支撑。
In Türkiye Labor Law Overview, four experienced Turkish lawyers (Ayşe Hergüner Bilgen, Tolga Danı§man, Ufuk Yalçın and İsmet Bozoğlu) deeply study Turkey's labor laws and court cases to carefully explain the rules you must follow and the hidden risks when managing employees. They do this to help Chinese investors deal with cultural and legal differences. Their goal is to help these investors build a legal and proper system for everything from hiring workers, paying them, to letting them go. This gives Chinese companies the essential legal support they need to grow and last long-term in Turkey.
（下文为《土耳其劳动法概览》节选内容之上半部分，完整版详见《一带一路沿线国家劳动法律环境报告》之土耳其篇）
(The following content is excerpted from Türkiye Labor Law Overview - Part A. For the full version, refer to the Türkiye Chapter in Invitation to Contribute to The Labor Law Environment Report of the "Belt and Road" Countries.)
二、近年来主要制度变革 Key changes in Recent Years
职场欺凌预防：《第2025/3号关于预防暴凌的总统令》于2025年3月6日生效，规定的主要措施包括：
重组并扩充心理骚扰防治委员会；
明确雇员及管理人员负有事前预防职场欺凌的首要责任；
全体从业人员须避免实施可能构成侵害基本权利与自由的欺凌行为；
相关机构与组织将开展雇员权益保护及申诉机制专项培训；
欺凌调查过程须确保当事人隐私权及私生活秘密；
推动集体谈判协议纳入反欺凌预防性条款；
劳动和社会保障部ALO170热线继续通过提供值班心理学家为受欺凌雇员提供心理咨询援助。
Prevention of Mobbing：The Presidential Circular No. 2025/3 on the Prevention of Mobbing has been entered into force on 6 March 2025. The measures specified by the Mobbing Circular are as follows:
The Psychological Harassment Prevention Board has been restructured and expanded;
Mobbing Circular indicates that prevention of mobbing in workplaces is primarily the responsibility of employers and managers;
All employees are required to evade all acts and behaviors that would be considered as "mobbing" and which would possibly cause violation of fundamental rights and freedoms;
Relevant institutions and organizations will conduct awareness programs and trainings regarding rights of employees' and complaint mechanisms;
Confidentiality and protection of employees' private lives will be ensured during investigations with mobbing allegations;
Efforts will be made to include preventive and protective provisions regarding mobbing in collective bargaining agreements;
The hotline ALO170 established by the Ministry of Labor and Social Security will continue to offer information, assistance and support to employees experiencing mobbing through its on-call psychologists.
涉外雇佣合同准据法选择：宪法法院近期废止《第5718号国际私法》第27条关于“涉外雇佣合同在保留雇员惯常工作地法定最低保护标准前提下可适用当事人选择的法律”之规定。
Choice of Law in Employment Contracts with a Foreign Element: Article 27 of the Private International Law No. 5718, which dictates that "employment contracts are subject to law chosen by the parties as long as the provisions which foresee the minimal protection due to statutory provisions of his/her habitual workplace law are reserved" has been recently cancelled by the Constitutional Court.
三、雇佣条款 Terms of Employment
（一）书面合同 Written Contract
根据《劳动法》，原则上，除非法律另有规定，雇佣合同无需采用特定形式。但期限超过一年的雇佣合同须以书面形式订立。
As per the Labor Law, in principle, employment contracts are generally not required to conform to a specific form unless stated otherwise by law. However, employment contracts that are executed for a term of more than one year must be executed in writing.
（二）雇佣合同 Employment Contracts
土耳其主要雇佣合同类型有：连续性工作与非连续性工作的雇佣合同; 固定期限与无固定期限雇佣合同; 全日制与非全日制雇佣合同; 季节性雇佣合同; 试用期雇佣合同; 随叫随到合同; 远程工作合同等。
The main categories of employment contracts are as follows: Employment contracts for continuous and non-continuous works; Definite Term and Indefinite Term Employment Contracts; Full-time and part-time employment contracts; Seasonal employment contracts; Employment contracts with probationary periods; On call work contracts; Remote Work Contracts.
（三）工作时间 Working Hours
雇主可自由设定工作时间，前提是每周不超过45（四十五）小时，每日不超过11（十一）小时。超出雇佣合同约定工时的任何工作时间均构成“加班工作”。
Employers can set the working hours however they like as long as the working hours do not exceed the maximum working hour, which is 45 (forty-five) hours per week and 11 (eleven) hours per day. Any working hours that exceed the agreed working hours in the employment contract constitutes "overtime work".
（四）加班 Overtime Work
超出每周45小时限制的工时视为加班。年度加班上限为270小时。双方亦可约定少于45小时周工时。若周工时低于45小时，即便总时长未超法定上限，超出合同约定部分视为“额外工作时间”。
Any working hour that exceeds 45 hours per week counts as overtime. The upper limit for overtime work is 270 hours a year. If the working hours in a week are less than 45 (forty-five) hours, any working hours exceeding the hours set forth in the employment contract, even if they amount to less than 45 hours, are considered "additional hours worked".
加班工资为正常时薪1.5倍，额外工作时间为正常时薪的1.25倍。雇员可选择替代补偿方案，即每加班1小时可获1.5小时调休，每额外工作1小时可获1.25小时调休，但调休须在6（六）个月内于工作时段使用，且不得扣除薪资。雇佣合同也可约定不支付加班费（即不支付加班工时的1.5倍工资及额外工时的1.25倍工资），但仅适用于年度合法加班上限内的270（二百七十）小时。若年度加班超过270小时，雇主须对超出部分支付额外报酬。
Instead of overtime payment, employees may be granted 1.5 hours of free time for every overtime hour worked and 1.25 hours of free time for every additional hour worked. The employee must use this free time within 6 (six) months during working hours and without any deduction from their salary. It may be decided in the employment contract that no additional payment (1.5 hours of pay for each overtime hour worked and 1.25 hours of pay for each additional hour worked) will be paid to the employee for overtime hours; however, this provision may only cover the legally allowed overtime works of up to 270 (two hundred and seventy) hours annually. If the employee works for more than 270 (two hundred and seventy) hours of overtime per year, then the employer should make an additional payment to the employee for the hours exceeding the legally 270 (two hundred and seventy) hours per year.
（五）工资 Wages
原则上，工资应以现金形式支付至专门开设的工资账户。《劳动法》明确禁止以债券、代金券或赋予外币货币权利的书面文件支付工资。实物支付仅适用于雇主提供的额外款项（如奖金、津贴）。若因雇主原因未支付，未支付金额须以现金形式补发。
In principle, wages should be paid in cash to bank accounts specifically opened for the wages. The Labor Law explicitly forbids paying wages with bonds, coupons, or written documents granting a monetary right in foreign currency. Payments in kind are only possible for additional payments granted by the employer, such as premiums and bonuses. In the event that payment is not made due to reasons attributable to the employer, the outstanding amounts shall be payable in cash.
（六）雇员福利计划 Employees Benefits
雇主可自主在薪资之外提供额外支付（如津贴或奖金）。根据土耳其法律，定期实施的福利发放行为（如奖金分配）被视为“既定职场惯例”。即使雇佣合同未提及此类社会权利，雇员仍可基于职场惯例享有。原则上，雇主不得未经雇员同意终止职场惯例。
Employers are free to make additional payments, such as a premiums or bonuses, in addition to salary. Under Turkish law, certain practices, such as distribution of bonuses, which take place on a regular basis, are deemed as "established workplace practices". Even though the employment contracts are silence regarding such social rights, they are granted to the employees as a workplace practice. In principle, employers are not entitled to terminate workplace practices without obtaining employees'consent.
（七）休息休假 Leave and Holidays
周休：周日为一周中的法定休息日。若雇员工作性质需在周日工作或雇员轮班至周日，应另指定一周中的其他日期作为周休日。雇员未工作的周休日应获得日薪。若雇员在周休日工作，应支付两倍日薪。
Weekly Holiday: Sunday is the legal day-off in one week of employment. In the event that the nature of services provided by the employee requires work on Sundays, or if an employee works a Sunday shift, another day of the week should be granted as a weekly holiday. Employees should receive their daily salary for weekly holidays that they do not work. In the event that the employee works on a weekly holiday, an amount equal to two times their daily salary should be paid.
国定与公共假日：每年国定假日包括4月23日、5月19日、8月30日、10月29日，以及1月1日、5月1日、7月15日也被规定为公共假日。另外规定了每年有两个宗教假日，分别持续3.5天与4.5天，具体日期每年变动。雇员未工作的国定与公共假日应获日薪。若雇员在国定或公共假日工作，须征得雇员同意并支付两倍日薪。
National and General Holidays: The national holidays for each year include 23 April, 19 May, 30 August, and 29 October. 1 January, 1 May, and 15 July are also considered holidays. Furthermore, there are two religious holidays each year with a term of 3.5 days and 4.5 days respectively, the timing of which varies each year. Employees should be paid their daily salary for all national and general holidays that they do not work. If an employee works during a national or general holiday, the employee's consent to work must be taken and they should be paid an amount equal to two times their daily salary.
带薪年假: 连续工作满一年（含试用期）的雇员享有带薪年假。年假长度依工龄确定。带薪年假权利不可放弃，且员工在劳动合同存续期间不得通过收取补偿金方式放弃年假权利。未休年假补偿金仅可在雇佣关系终止时支付。
Annual Paid Leave: Employees, who have worked for the same employer for a period of at least one (1) year, including the probation period, are entitled to annual paid leave. Annual leave is granted to employees based on their employment years. Annual paid leave rights may not be waived and an employee may not waive their annual leave rights by receiving payment in return during the term of their employment contract. The payment for unused annual leave can be made upon termination of the employment relationship.
病假：一周以内的病假视为正常工作时间，但须员工提供执业医师出具的医疗证明。若医疗证明给予员工单月连续三日及以上休息期，则自第三日起的缺勤日，其日薪的三分之二由社会保险机构（而非雇主）支付。
Sick Leave: Sick leave of up to one week is considered as time worked, provided that it is accompanied by a medical report issued by a medical doctor and submitted by the employee. If the medical report grants the employee a resting period of three or more consecutive days in a month, 2/3 of the employee's daily salary shall be paid by the Social Security Institution (instead of the employer) with respect to absent days starting from the third day.
产假：无论服务年限如何，怀孕员工均有权享受产前8周及产后8周的带薪休假（总计16周）。上述带薪休假结束后，员工还可根据申请享受最长6个月无薪休假。哺乳期女性在分娩后一年内，每日享有1.5小时哺乳时间。
Maternity Entitlements: Pregnant employees, regardless of their years of service, are entitled to take paid leave for a period of 8 weeks prior to delivery and 8 weeks following delivery (adding up to a total of 16 weeks). Once the paid leave period described above has lapsed, employees are also entitled to take unpaid leave of up to six months upon their request. Nursing women are also entitled to a 1.5 hour break every day to nurse their babies for one year after delivery.
陪产假：新生儿父亲享有5天带薪陪产假。若母亲在分娩期间或产后身故，未使用的产假天数将授予父亲。
Paternity Entitlements: Upon the birth of the baby, fathers are given 5 (five) days of paid leave. If the mother passes away during or after delivery, the unused maternity leave days are granted to the father.
收养假：收养3岁以下子女的员工（仅限父母一方），自孩子实际交付家庭之日起，有权享受8周产假。
Adoption Leave: Employees (only one of the parents) who adopt a child younger than 3 years old are entitled to 8 weeks of maternity leave starting the day the child is actually delivered to the family.
四、竞业限制 Restrictive Covenants
（一）竞业禁止 Non-compete
雇主在整个雇佣期内禁止竞争的权利源于《义务法典》第396条规定的忠诚义务。根据该条款，雇员须以应有谨慎履行合同约定的工作，在维护雇主合法利益方面保持忠诚，并不得与雇主竞争。
The employer's right to prohibit competition throughout the employment term stems from the duty of loyalty regulated under Article 396 of the TCO. Pursuant to this Article, employees must perform the contractually assumed works with due care, maintain loyalty in terms of preserving the legitimate interests of the employer, and must refrain from competing with the employer.
雇主可要求雇员签署旨在保护公司利益的竞业禁止协议，涵盖雇佣关系终止后的期间。《义务法典》第445条第2款对竞业禁止条款的适用范围作出限制，规定此类条款不得包含就地域、期限和/或范围而言不合理的限制，以免违背法律确立的公平原则影响雇员的经济前途。
The employers may require the employees to sign non-compete agreements for the purpose of preserving company interests covering the post-employment term. Article 445/2 of the TCO, which delimits the scope of non-compete clauses, indicates that such clauses must not contain unreasonable limitations with respect to territory, duration, and/or scope that may endanger the economic future of employees contrary to the principle of equity as enshrined by the law.
（二）禁止招揽 Non-solicitation
禁止招揽条款与竞业禁止条款适用相同的限制性规则。需注意的是，近年来土耳其竞争委员会对雇佣合同中的禁止招揽条款持审慎态度。
Non-solicitation clauses are subject to the same restrictions as non-compete clauses. We note that, the Competition Authority is sensitive towards the non-solicitation clauses in the employment contracts in the recent years.
（三）保密义务 Confidentiality
根据《义务法典》，若雇主存在合法利益，即便雇佣合同终止后，雇员仍须在必要范围内履行保密义务。双方亦可就此签署书面保密协议（通过在雇佣合同中纳入相关条款）。
Employee's confidentiality obligations exist, as necessary, even after the employment contract has been terminated if there is a legitimate interest of the employer in accordance with the TCO. Parties may also enter into a written confidentiality agreement (by including a clause in the employment contract) in this respect.
作者简介/About the Authors
艾谢・赫尔居纳・比尔根 Ayşe Hergüner Bilgen
艾谢・赫尔居纳・比尔根律师是 Hergüner 律所的创始合伙人，是土耳其诉讼领域最受尊敬的律师之一，她以沉稳果断的作风和解决复杂纠纷的务实能力著称。其逾40年的执业经验及对土耳其法院程序的精深理解，成为处理跨多领域复杂争议案件的核心优势。她专业领域还涵盖诉讼程序内外的和解谈判。
Ayşe Hergüner Bilgen is a founding partner of the Hergüner lawfirm, who is one of the most respected names in Turkish litigation and is known for her resolute composure and ability to develop real-world solutions for complex disputes. Her 40 plus years of experience and expert knowledge of Turkish court procedures are a key asset during complex dispute proceedings touching upon multiple practice areas. Ms. Hergüner Bilgen's expertise also covers settlement proceedings occurring during and outside of court proceedings.
托尔加·达尼什曼 Tolga Danı§man
托尔加·达尼什曼是Hergüner 律所争议解决业务组的领军人物。达尼什曼先生在对抗性诉讼程序方面拥有丰富经验，并以善于将对手的优势转化为其劣势而闻名。他深谙客户的商业利益与声誉关切，无论在谈判桌前还是法庭上，都以注重实效的代理服务赢得高度认可。
Tolga Danışman is a leader in our Dispute Resolution practice group. Mr. Danışman has extensive experience in adversarial proceedings and a reputation for turning his adversaries'strengths against them. Mr. Danışman understands the commercial and reputational concerns of his clients and is valued for providing results-focused representation, whether at the negotiation table or in the courthouse.
乌富克·亚尔钦 Ufuk Yalçın
乌富克·亚尔钦是Hergüner 律所企业支持及雇佣与劳动业务组的负责人，在企业日常法律需求支持方面发挥着关键作用。亚勒钦先生为进入土耳其市场的外国企业提供法律服务，并协助外资及本地企业处理日常运营需求，包括公司治理、合同管理、反贿赂与反腐败、特许经营与分销、数据保护以及复杂诉讼事务。
Ufuk Yalçın is a leader in Corporate Support and Employment & Labor practice groups, where he plays a key role in assisting corporations in their day-to-day legal needs. Mr. Yalçın represents foreign companies entering the Turkish market and foreign and local companies in regards to their day-to-day operational needs, including corporate governance, contract management, anti-bribery and anticorruption, franchising and distribution, and data protection as well as complex litigation matters.
伊斯梅特·博佐格鲁 İsmet Bozoğlu
伊斯梅特・博佐格鲁（İsmet Bozoğlu）是Hergüner 律所商业支持与争议解决业务组的负责人之一。他擅长指导全球企业的土耳其子公司应对错综复杂的合规要求。作为资深诉讼律师，当企业客户涉及本地争议或国际仲裁程序时，他担任首席法律顾问。
İsmet Bozoğlu is among the leaders in Commercial Support and Dispute Resolution practice groups. He specializes in guiding the Turkish subsidiaries of global corporations through the complicated patchworks of compliance requirements. As a seasoned litigator, Mr. Bozoğlu acts as lead counsel when his corporate clients are engaged in local disputes or international arbitration proceedings and specializes in litigation.
李能娜 Li Nengna
李能娜律师执业领域为劳动争议解决、多元化用工合规、人力资源管理合规等。
先后毕业于中国政法大学和清华大学，取得法学学士学位和法学硕士学位。执业领域为劳动法、企业合规、公司并购及债券发行等商业综合事务。曾为多家大型央企、上市公司提供专项法律咨询及顾问服务。
Ms. Li Nengna specializes in labor dispute resolution, diversified employment compliance, human resources management compliance etc.
Ms. Li graduated from CUPL with a Bachelor of Laws (LL.B.) and subsequently obtained a Master of Laws from Tsinghua University. Her practice focuses on labor law, corporate compliance, mergers and acquisitions, bond issuance, and other comprehensive commercial matters. She has provided specialized legal advisory and consultancy services to multiple large-scale central state-owned enterprises and listed companies.
