Turkish Recruitment Agency Refuses a Replacement Candidate: Fee and Guarantee Claims
Quick summary
| Question | Assessment |
|---|---|
| Focus | Turkish Recruitment Agency Refuses a Replacement Candidate: Fee and Guarantee Claims |
| Legal starting point | TCO Articles 112 and applicable mandate or brokerage provisions |
| Key record | Recruitment brief and guarantee wording |
| First action | Notify the guarantee event precisely and seek the promised replacement process or other supported remedy without assuming refund language. |
The issue and the legal distinction
A foreign employer may pay a success fee and lose the hire soon afterwards. Determine whether the agency promised candidate suitability, reference checks, replacement efforts or an actual replacement result.
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Guarantees often depend on timely fee payment and notice, while exclusions may concern redundancy, changed duties or employer misconduct. Their incorporation and validity must be assessed.
What changes the assessment
Preserve the job specification, candidate representations and departure explanation with proportionate privacy protection. A disputed hire can involve sensitive personnel information; share only what is necessary and lawful.
Compare the replacement role with the original brief. The agency should not be required to fill a materially different position under an unchanged guarantee without a contractual basis.
Legal framework
Provisions to examine: TCO Articles 112 and applicable mandate or brokerage provisions.
A poor outcome is not by itself professional negligence. Identify the mandate, the standard of care or promised result, the breach and its causal effect. TCO Article 112 provides a general breach framework, and Articles 502–508 may be relevant to a mandate-type appointment.
Some assignments instead fall within work-contract or special professional rules. A second expert should explain what appropriate performance at the relevant time would have revealed, rather than merely describe the problem after it worsened. The client’s instructions, missing information and opportunities to mitigate should also be assessed.
Evidence to preserve
- Recruitment brief and guarantee wording.
- Fee payment and notice dates.
- Reference-check scope.
- Departure and replacement correspondence.
Keep the original documents, identify their source and record when they were received. Preserve the version effective when the promise was made. Where a document is held by the opponent, request lawful preservation and consider the appropriate procedural route rather than trying to obtain it through unauthorised access.
A hypothetical example
Suppose a new hire resigns within a replacement period, but the agency says the employer materially changed the role. Compare the original brief, actual duties and guarantee exclusion.
If the employer instead made the position redundant, another clause may apply. A refund demand should not assume a cash remedy where the bargain promised only a second search.
This illustration explains the distinction; it is not a reported case or a prediction of an outcome.
Practical next steps
Notify the guarantee event precisely and seek the promised replacement process or other supported remedy without assuming refund language.
Build the first notice around the particular evidence: recruitment brief and guarantee wording, the relevant date, the alleged failure and the requested response. Keep proof of delivery. A preservation request, a demand for performance and a final election of remedies can have different consequences; choose them with the contract and deadlines in view.
Remedies and financial loss
Distinguish the agency fee, reasonable repeat recruitment and proven operational loss. Ordinary employee salary is not automatically wasted expenditure.
Procedure for a client outside Turkey
Nationality alone does not decide governing law or forum. Review the parties, place of performance, contractual choice, any arbitration provision and applicable mandatory rules. Consumer and employment matters can require protected-forum analysis. Turkish proceedings may also require a mediation step or security analysis depending on the dispute; neither should be assumed applicable to every case.
For a Turkish civil case, counsel can consider whether evidence preservation under HMK Articles 400 onward or interim relief under Articles 389 onward is justified. These are different measures with specific conditions, possible security and follow-up duties. A general fear of nonpayment does not establish entitlement to every injunction. Calculate the actual notice and filing calendar before waiting for a voluntary reply.
Primary legislation and official sources
- Turkish Code of Obligations No. 6098
- Code of Civil Procedure No. 6100
- International Private and Procedural Law No. 5718
Apply the wording and amendments effective for the relevant transaction and procedural step. A historical enactment text does not by itself establish the current rule.
Frequently asked questions
Does a replacement guarantee always mean a refund?
No. It may promise another search, a replacement placement or a refund under specified conditions; the wording controls.
What is the main legal distinction?
A foreign employer may pay a success fee and lose the hire soon afterwards. Determine whether the agency promised candidate suitability, reference checks, replacement efforts or an actual replacement result.
Which fact can change the legal assessment?
Preserve the job specification, candidate representations and departure explanation with proportionate privacy protection. A disputed hire can involve sensitive personnel information; share only what is necessary and lawful.
Which documents should I preserve?
recruitment brief and guarantee wording, fee payment and notice dates, reference-check scope, departure and replacement correspondence. Preserve the original versions and the dates on which they were received.
What should I do first?
Notify the guarantee event precisely and seek the promised replacement process or other supported remedy without assuming refund language.
How should the claimed loss be calculated?
Distinguish the agency fee, reasonable repeat recruitment and proven operational loss. Ordinary employee salary is not automatically wasted expenditure.
Which legal provisions should be examined?
TCO Articles 112 and applicable mandate or brokerage provisions. Governing law, transaction classification and mandatory rules determine their application.
How could this issue arise in practice?
Suppose a new hire resigns within a replacement period, but the agency says the employer materially changed the role. Compare the original brief, actual duties and guarantee exclusion. This is a hypothetical illustration, not a reported case.
Does sending a complaint stop every deadline?
No. Contract notice, limitation, appeal and procedural periods can differ. A lawyer should calculate the dates from the actual contract and service records; informal negotiation does not automatically preserve every right.
When should a technical or accounting expert be involved?
Use an appropriately qualified expert where the disputed fact requires specialist analysis. Define the question using fee payment and notice dates and reference-check scope; preserve the original material before corrective work.
Can this matter be assessed while I am abroad?
An initial assessment can start with the contract, chronology and the records listed above. Formal representation, any personal attendance and inspection requirements depend on the case.
What should a settlement specify?
Identify the parties, covered claims, payment, remaining performance and any release. Account for third-party recoveries and do not assume a partial payment settles every related obligation.
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