An employment contract refers to the type of contract primarily used in labour law to indicate expectations, rights, and responsibilities attributed to both parties. These rights may include holiday pay, sick leaves, details of the payment, etc.
Generally, in the employment contract, the employee states that they are going to do the work prescribed or agreed upon, and the employer states that they will provide the wage that is agreed upon by both parties. Signing or preparing an employment contract in Turkey means that both parties should understand the requirements imposed by the country, the structure of such a contract and the type of language and delivery that is supposed to be used to avoid confusion.
This means that it is usually suggested you leave this job to an experienced attorney who knows what they are doing. If there is any need to prepare a document like this, one could contact an employment contract lawyer at Istanbul Lawyer Firm.
Various Types of Employment Contracts Under Turkish Labor Law
Regulating the rights of the employee and the employer is possible with the help of a contract of employment. However, there are many types of documentation required for this process. We can exemplify various employment contracts as follows:
- Full-time and Part-time employment contracts
- Employment Contracts in Continual and Transitory Work
- Employment Contracts with a Probation Period
In this article, we will explain the differences between these contracts. However, it is vital also to note that you are free to consult a lawyer to understand the nuances of such agreements better.
Full-Time and Part-Time Employment Contracts
According to Turkish Labor Law, employment contracts that require a maximum work time of 30 hours a week are considered part-time contracts. On the other hand, full-time contracts require a full work time of 45 hours a week. Without any legally describable reason, a part- time worker cannot be expected to work as a full-time worker.
Employment Contracts in Continual and Transitory Work
Employments that last up to 30 days are called transitory. Transitory works require different types of employment contracts. Similarly, the types of employment that require more than 30 days to complete are regarded as continual employment, and different types of documentation can be needed for such processes.
Employment Contracts with a Probation Period The workers have the right to understand the working conditions under which they apply, to decide whether the conditions are right for them. Meanwhile, employers have the right to see whether the employees performance meets the job requirement. A probationary employment contract is prepared for this type of work.
Employment Contracts for a Definite Term and an Indefinite Term
There can be two different timeframes that are mentioned in the employment contract. If the timeframe of the work is decided beforehand, then this type of employment is referred to as definite-term employment. However, if the end of the employment date is not predetermined, then the work is considered indefinite employment.
The Difference Between Fixed-Term and Indefinite-Term Employment Contracts
In fixed-term employment contracts, the worker is discharged, and the work is stopped once the time frame stated in the agreement has expired. This employment contract can be renewed after the expiration date, provided both parties intend to continue the employment. In indefinite-term contracts, the time frame is not decided.
The chief difference between the two different types of contracts is that indefinite-term contracts are eligible to be cancelled if there is a legitimate reason, without the requirement of a dismissal notice period or severance pay. In the case of the cancellation of a fixed-term employment contract without a legitimate reason, the employee has the right to claim the payment agreed upon for the remaining time until the end of the contract.
Penal Clause in Employment Contracts
According to Article 179 of the Code of Obligations in Turkey, in the case of a penal clause that is determined in the case of a non-performance of an employment contract as required, a penalty can be requested. However, penal clauses are supposed to be added with the employees consent.
This is because penal clauses in employment contracts cannot disregard the laws that regulate work life. Since there are no laws regarding a penal clause in Turkish Labor Law, it might be best for you to consult an employment contract lawyer at Istanbul Lawyer Firm to help you with your specific situation.
Employment Contract Template
Employment contracts can look different depending on many factors, such as the type of the contract. However, you can still find specific employment contract templates to give you an idea of what this contract includes. You should request an example template from law firms like Istanbul Lawyer Firm to do this. To sum up, an employment contract is the kind of contract signed between an employee and an employer that determines both parties& #39; rights and eligibility. Employment contracts have
many different types; therefore, creating an employment contract cannot be a one-size-fits- all situation. Communicating with an experienced Turkish contract lawyer can be the sole solution to your problem. With its competent lawyers, Istanbul Lawyer Firm is always ready to answer all your questions and provide you with the most suitable solution according to your situation.
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