What to Do If Your Salary Goes Unpaid in Turkey — Filing an Unpaid Wages Claim

Wage claims arise from wages and related entitlements earned by the employee's work but left unpaid; when wages go unpaid, the employee is granted important rights, including terminating the contract for just cause and withholding work.

The Right to Withhold Work

Under Article 34 of Labour Law No. 4857, an employee whose wages are not paid within twenty days of the due date may withhold their obligation to work; employees exercising this right cannot have their employment contracts terminated for this reason, nor can new employees be hired in their place.

What to Do If Your Salary Goes Unpaid

An employee who has not received their salary may first apply to the employer in writing to request payment; if the issue is not resolved, mandatory mediation must be pursued before filing suit. If mediation fails, an unpaid wages claim may be filed with the labour court.

The Option of Terminating for Just Cause

Under Article 24/II-e of the Labour Law, failure to calculate or pay wages in accordance with statutory provisions or contract terms gives the employee the right to immediately terminate the employment contract for just cause; in this case, the employee becomes entitled to severance pay.

Burden of Proof

According to Court of Cassation case law, in labour law the burden of proving that wages were paid lies with the employer; the employee only needs to assert that they worked and were not paid — it is the employer's responsibility to prove that payment was made.

Limitation Period

Under Turkish Code of Obligations No. 6098 and Additional Article 3 of the Labour Law, wage claims, along with other employee claims, are subject to a five-year limitation period; this period begins to run from the date the claim became due.

Claiming Interest

Interest at the highest rate applied to deposits from the payment due date may be claimed on unpaid wages; this interest rate provides greater protection for the employee than the standard legal interest rate.

Practical Recommendations

Keep your payslips, bank receipts, and correspondence regarding salary payments in order; if you experience a payment delay, first notify the employer in writing to document the process.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.