17.06.2026 13:02
The 9th Civil Chamber of the Court of Cassation has made a historic decision closely concerning workers in domestic services and agricultural work, which are outside the scope of Law No. 4857 on Labor Law. In a case filed by a married couple who were dismissed without compensation after working on a farm for five years, the Court of Cassation ruled that even if the workers are not covered by the Labor Law, severance notice pay must be provided under the Turkish Code of Obligations (TCO).
A legal process that began when a husband and wife working at a horse farm in Bursa were dismissed has resulted in a landmark ruling affecting millions of agricultural and domestic service workers in Turkey. The Court of Cassation has opened the door to severance pay for professional groups outside the scope of the Labor Law.
AFTER 5 YEARS, THEY WERE PUT OUT ON THE STREET WITHOUT COMPENSATION
According to the information obtained, the case reached the judiciary after the couple Z.M. and S.M. were unfairly and without notice dismissed from the horse farm where they worked. S.M. stated that he was responsible for the care of 15 horses, 1 cow, and two dogs at the farm, as well as stable cleaning and gardening; his wife Z.M. handled cooking and housework. Claiming they had worked without interruption for 5 years, the couple demanded payment of severance pay, notice pay, overtime, weekly holiday pay, and annual paid leave.
The defendant farm owner confirmed that S.M. worked as a stableman and Z.M. was employed in domestic services but argued that these job categories could not be evaluated under Labor Law No. 4857, requesting the dismissal of the case.
LABOR COURT DISMISSED THE CASE, CITING "OUTSIDE THE SCOPE OF THE LAW"
The 1st Labor Court reviewed the file and ruled in favor of the employer, dismissing the case. In its decision, the court stated that S.M. worked as a groom and his wife Z.M. in domestic services; therefore, both job categories fell outside the scope of the law under Article 4 of Labor Law No. 4857.
LANDMARK RULING FROM THE 9TH CIVIL CHAMBER OF THE COURT OF CASSATION
After the local court's decision was appealed by the plaintiff couple, the 9th Civil Chamber of the Court of Cassation conducted a review that set a precedent for millions of workers. Evaluating the file in detail, the Court of Cassation emphasized that the employer did not submit any record of the workers' absenteeism and failed to prove that the termination was justified.
"NO SEVERANCE PAY, BUT NOTICE PAY WILL BE PAID"
In the unanimous Court of Cassation decision, it was stated that even if the Labor Law does not apply, the right to notice pay arises when the employment relationship is based on an indefinite-term contract. The decision included the following critical statements:
"It has been understood that the plaintiffs' employment contracts were terminated by the defendant employer, but the employer, who bears the burden of proof, could not prove that the termination was based on a just cause. Therefore, considering the nature of the work, although the plaintiffs may not be entitled to severance pay, they have gained the right to notice pay under Articles 432 and 438 of the Turkish Code of Obligations No. 6098; hence, this receivable should be calculated and adjudicated."
With this landmark ruling, it has been confirmed that employees working in domestic services and agriculture/livestock sectors who are not subject to the Labor Law can also claim notice pay under the guarantee of the Turkish Code of Obligations in cases of unjust termination.