Probation Period Rights for Foreign Employees in Turkey

Many foreign employees in Turkey sign employment contracts with a probation clause without fully understanding what it means in practice. The rules under Turkish Labour Law (İş Kanunu) are clear — and they apply equally to foreign nationals working under a work permit as to Turkish citizens.

What Is a Probation Period Under Turkish Law?

A probation period (deneme süresi) is an optional clause the parties may add in writing to an employment contract at the outset. If it is not written into the contract, no probation period applies. Its purpose is to give both sides time to assess the fit before the full weight of employment protection kicks in. There is no separate framework for foreign nationals — the same rules apply to everyone in the workplace.

The Two-Month Cap: What Employers Can and Cannot Do

Under Article 15 of the Turkish Labour Law (İş Kanunu m. 15), a probation period cannot exceed two months. Where a workplace is covered by a collective bargaining agreement, this limit can be extended to four months — but only through a collective agreement, not a unilateral employer policy or an individual contract clause.

During probation, either party may end the employment relationship without giving any notice period and without paying severance (kıdem tazminatı) or notice compensation (ihbar tazminatı). This symmetry matters: the employer can let you go immediately, and you can resign without obligations — both sides have the same freedom.

This is one of the sharpest distinctions from regular employment. Once the probation phase ends and an employee has built up at least six months of tenure, dismissal requires a valid reason and notice — and may trigger severance and notice pay obligations. None of that applies in probation.

Rights You Keep During Probation

Flexibility does not mean a blank slate. Several protections remain fully in force throughout the probation period.

Wages: Article 15 of the Labour Law explicitly states that the worker's wages and all other entitlements are preserved for the days actually worked. If your contract is terminated on day 40 of a two-month probation, your employer owes you full pay and all agreed benefits for those 40 days.

Social security (SGK) registration: Employers are required to register every worker with the Social Security Institution (SGK) from the very first day of employment. A probation period does not change this obligation. Employers who delay registration "until the probation ends" are acting illegally — and this can cut off your access to healthcare and damage your future social security entitlements.

Annual leave credit: Under Article 53 of the Labour Law (İş Kanunu m. 53), the probation period counts toward the one-year minimum of employment that triggers entitlement to paid annual leave. You will not take leave during a two-month probation, but those months are not lost — they contribute to your qualifying period.

Discrimination Is Still Illegal During Probation

For foreign employees in Antalya and across Turkey, this is perhaps the most important point: the equal treatment obligations of Article 5 of the Labour Law (İş Kanunu m. 5) apply at every stage of the employment relationship, including during and at the end of probation.

An employer cannot dismiss you during probation on grounds of language, race, colour, sex, disability, political opinion, religion, or similar characteristics. Once a worker presents a strong indication that such grounds were the real reason for dismissal, the burden shifts: the employer must then prove that no discrimination occurred. If a violation is established, the worker can claim up to four months' wages in compensation, in addition to any withheld pay and benefits.

Foreign workers in Antalya who suspect their dismissal was driven by nationality or religious bias have a real legal avenue to challenge it. See also our guide on dismissal of foreign employees in Turkey for what applies once the probation phase ends.

Frequently Asked Questions

Q: Does my employer have to give me notice before dismissing me during probation?

No. Under Article 15 of the Turkish Labour Law, either party can end the employment contract during probation without any prior notice. Dismissal takes immediate effect — and resignation works the same way.

Q: Can my probation period be longer than two months?

Only if your workplace is covered by a collective bargaining agreement and that agreement extends the limit to a maximum of four months. An individual employment contract cannot set a probation period longer than two months — any such clause is unenforceable beyond the statutory limit.

Q: Will I receive kıdem tazminatı (severance) if dismissed during probation?

No. Severance pay (kıdem tazminatı) and notice pay (ihbar tazminatı) are not owed when employment ends during probation. You are entitled to full wages for every day you actually worked, but no additional statutory compensation.

Q: Does the probation period count toward my annual leave entitlement?

Yes. Under Article 53 of the Labour Law, the probation period is included in the calculation of the minimum one year of employment that gives rise to the right to paid annual leave.

Q: Can I be dismissed during probation because of my nationality or religion?

No. Under Article 5 of the Labour Law, discrimination on grounds of language, race, religion, or similar characteristics is prohibited throughout employment — probation included. Once a worker makes a credible case, the burden shifts to the employer to disprove discrimination. A successful claim can yield up to four months' wages. Our guide on workplace harassment and discrimination covers related protections.

How Mona Hukuk Can Help

Our Antalya-based team advises foreign employees and employers on all aspects of Turkish labour law — from reviewing employment contracts before signing to representing clients whose probation-period dismissal crossed legal lines. Whether you are starting out or navigating a difficult exit, we help you understand your position clearly.

Contact us at info@monahukuk.com or call +90 (242) 606 14 32 to schedule a consultation in Antalya.