Although the Turkish Labor Law No. 4857 does not contain specific provisions regarding severance pay, the temporary Article 6 of the law stipulates that a severance pay fund should be established and that workers’ severance rights are preserved according to Article 14 of the previous Labor Law No. 1475 until the law regarding the fund comes into effect. Since the regulation on the severance pay fund has not been enacted, workers’ severance rights continue to be governed by Article 14 of Labor Law No. 1475. Severance pay is one of the most discussed issues in employment law. The question of who is entitled to severance pay and who is not remains a primary focus for administrative and judicial bodies. In this context, the issue of whether seasonal workers, whose employment obligations terminate with the end of the season and are not rehired for the new season, are entitled to severance pay is a subject of ongoing debate. However, before addressing the severance pay issue for seasonal workers, it is useful to briefly review the requirements for entitlement to severance pay.
According to Article 14 of Labor Law No. 1475, severance pay is a payment of 30 days’ wages for each full year of service, which the employer is required to pay to workers during the continuation of their employment contracts. In addition to the condition that workers must have worked in a job subject to the Labor Law for at least one year, the following conditions must be met for entitlement to severance pay:
If the contract ends for reasons other than those mentioned, the worker is not entitled to severance pay.
In fixed-term contracts, there is no obligation to pay severance pay once the contract term has expired.
The definition of seasonal work is not provided in Law No. 4857. However, based on court decisions, seasonal work refers to jobs that are performed only during certain periods of the year or are intensified during specific times of the year but occur throughout the year. These periods may vary in length, depending on the nature of the work. Seasonal work typically includes jobs in sectors such as hotels, beaches, entertainment venues, food, construction, leather, agriculture, and forestry.
The 9th Civil Chamber of the Court of Cassation stated that there is no specific legal definition of seasonal work, but based on evolving working conditions and doctrine, the court recognized that jobs that intensify at certain times of the year, repeat regularly, and decrease or end at other times, are considered seasonal jobs.
It is important to determine whether seasonal workers have fixed-term or open-ended contracts. If seasonal jobs are classified as fixed-term contracts solely due to their seasonal nature, workers who are not rehired after the season ends would not be entitled to severance pay, as severance pay is not paid for the expiration of fixed-term contracts (Article 14 of Law No. 1475).
Before addressing whether seasonal contracts are fixed-term or open-ended, it is necessary to briefly explain both types of contracts. According to Article 11 of Labor Law No. 4857, employment contracts that are not tied to a specific duration are considered open-ended. Fixed-term contracts are those that depend on the completion of a specific task, event, or condition, and such contracts cannot be renewed repeatedly unless there is a legitimate reason. Repeated fixed-term contracts, without a valid reason, will be considered open-ended from the start.
At first glance, one might argue that seasonal work contracts are fixed-term due to their periodic nature. However, this approach is incorrect. For an open-ended contract to be valid, it is not necessary for the worker to perform duties year-round. It is possible for workers to be granted paid or unpaid leave during certain periods, and the contract may still be established as open-ended with mutual consent. Moreover, it is possible to establish a seasonal contract for a fixed term for a single season. The Court of Cassation has stated that seasonal contracts can be either fixed-term or open-ended according to the provisions of Article 11 of Labor Law No. 4857. If a seasonal contract is for one season, it will naturally end with the season, and the worker will not be entitled to severance pay in this case.
The Court of Cassation has ruled that while seasonal work contracts can be fixed-term, if they are renewed for consecutive seasons, they will be considered open-ended. In other words, if a worker is repeatedly rehired each season, the contract will eventually be considered open-ended, even if it was initially a fixed-term contract. The Court of Cassation has clarified that although the seasonal nature of the work may justify a fixed-term contract initially, the continuation of the employment over several seasons means that the contract will evolve into an open-ended contract, and the worker will be entitled to severance pay.
As explained in Section II of this article, for workers in seasonal jobs, severance pay can only be provided if the worker has worked for more than a year, even in a fixed-term contract, and if the contract ends due to reasons specified in Article 14 of Labor Law No. 1475. If the work is for a single season, no severance pay will be provided.
Regarding annual paid leave, employees who work in seasonal jobs may not be entitled to paid leave if the work lasts for less than one year. According to Article 53, Clause 3 of Law No. 4857, “employees working in seasonal or campaign-based jobs that last less than a year are not entitled to the provisions regarding annual paid leave.” However, the Court of Cassation has stated that if an employee worked as a seasonal worker and then continued to work in a regular job, the work done during the seasonal period will be considered for the worker’s seniority but will not be included in the annual leave calculation.
In conclusion, seasonal work contracts may be either fixed-term or open-ended. If a worker is employed with consecutive seasonal contracts (chain contracts), these contracts may convert into open-ended contracts. Therefore, if the employment ends for reasons specified in Article 14 of Labor Law No. 1475, severance pay is required. When seasonal contracts are renewed, the worker’s total duration of service must be considered for severance pay and seniority rights. However, if the seasonal work is for a single season and the contract ends with the season, severance pay is not applicable. Additionally, seasonal workers’ annual paid leave rights may not be applicable if the work is for less than one year. If the worker is employed by a different employer during the off-season, the period of work at the other employer will not be counted toward the seniority at the seasonal job.