Unpaid Salary and Overtime in Turkey: Evidence, Justified Termination and Claims

Delayed salaries, overtime omitted from payslips and wages partly paid in cash can affect both present living costs and future entitlements. The right starting point is not simply “How much am I owed?” You need to identify what accrued each month, what was paid and how working time can be proved. This guide concerns employees covered by Turkish Labour Law No. 4857; special employment regimes may apply different rules.

Prepare a month-by-month statement of your claims

For each month, record the agreed gross and net wage, due date, bank payment, any cash payment and the outstanding balance. Identify the contractual or established workplace conditions for bonuses and incentives. A transfer into your account does not by itself prove that every entitlement for that month was paid: compare its description with the payslip. Remember that earnings reported to SGK and take-home net salary are different concepts.

Preserve your employment contract, salary-increase correspondence and payslips.
Obtain bank statements showing payment dates and descriptions.
Arrange rotas, access records and work instructions chronologically.
Identify colleagues who worked with you during the relevant period and directly know the working arrangements.
Preserve documents only from sources you are authorised to access; do not enter another person’s account or bulk-copy customer data.

How should you start calculating overtime?

The general rule is that work exceeding forty-five hours a week is overtime, subject to lawful averaging arrangements and special working-time limits. The overtime hourly rate is the normal hourly rate increased by fifty per cent. If the contractual working week is shorter than forty-five hours, hours exceeding that contractual limit up to forty-five hours may qualify as additional hours, paid with a twenty-five per cent uplift. Rest breaks and time not actually worked must be distinguished correctly.

Total time spent at the workplace is not automatically overtime. Equally, working from home or handling work calls after hours cannot be excluded solely because the work occurred outside the office. Actual work and the employer’s knowledge must be assessed using concrete records. National/public holiday work and weekly rest-day work are separate categories governed by their own rules. Build a schedule by period and claim type without counting the same hour twice.

Signed payslips and clauses stating that overtime is included in salary

An overtime entry on a payslip, the employee’s signature, any reservation of rights and the payment method affect the evidence assessment. An unsigned electronic payslip is not treated identically to a signed document. Where a payslip records overtime payments but additional work is alleged, the evidence available to prove it needs separate assessment. Recording objections to inaccurate entries in writing before signing provides a clearer record than relying only on later verbal objections.

A clause stating that overtime is included in salary does not authorise unlimited unpaid work. Its clarity, wage level, lawful scope and the actual working arrangements must be examined together. Protective working-time limits cannot be removed by a single contractual sentence.

Can you stop attending work if wages are unpaid?

Article 34 of Law No. 4857 permits an employee to withhold work where wages remain unpaid for twenty days after the due date for a reason other than force majeure. This does not authorise unannounced absence whenever payment is late. The due date, reason for delay, scope of the right and notification require assessment in the individual case. Legal review before withholding work may help prevent a separate dispute based on alleged unauthorised absence.

Justified termination is different from an ordinary resignation

Failure to calculate or pay wages in accordance with the law or contract may justify immediate termination by the employee under Article 24. The reason, relevant periods, payment problem, wording of the notice and proof of delivery matter. A statement simply saying “I resign voluntarily” may cause later difficulties. Where at least one year’s service and other statutory conditions are met, justified termination by the employee may give rise to severance pay. The employee does not generally become entitled to notice pay because of their own justified termination.

Mediation, court proceedings and limitation periods

Before bringing proceedings for unpaid salary or overtime, mandatory mediation is generally required. Define the scope of salary, overtime, holiday and other claims clearly. In any settlement, the periods and entitlements being settled are as important as the amount. If no agreement is reached, proceedings before the competent court may follow; enforcement options can also be considered where appropriate.

The general limitation period for wage claims is five years, with each payment’s due date being relevant. Continuing employment does not preserve all past wages indefinitely. Mediation has statutory effects on time limits; do not assume that an ordinary payment demand or an ALO 170 complaint protects every deadline. The applicable interest and its starting date also need separate assessment for wages, overtime and compensation.

Frequently asked questions

Can I claim while still employed?

Termination is not a prerequisite for every monetary claim. The method of claiming, the continuing employment relationship and the evidence to preserve can be planned together.

Are WhatsApp messages alone enough?

The source, integrity and particular work shown by the messages matter. A coherent evidence file should combine messages with payroll, rota records and relevant witnesses rather than rely on an isolated screenshot.

What if my salary was paid but overtime was not?

Payment types and obligations must be separated. Receiving the basic salary does not automatically extinguish a properly supported overtime claim.

LEGAL ASSESSMENT

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How to preserve payroll, bank and working-time evidence, assess justified termination and pursue unpaid salary or overtime through mediation and court.

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Updated: 21 October 2026. This article provides general information on Turkish law and is not a substitute for an assessment of your individual circumstances. Application and litigation deadlines must be checked for each case. The image is illustrative.