Comprehensive Legal Guide to Employment Contracts in Turkey by a Turkish Law Firm

Employment Contracts in Turkey by a Turkish Law Firm

Understanding and drafting employment contracts in Turkey requires familiarity with Turkish Labor Law, judicial precedents, and Ministry of Labor regulations. Whether you're a Turkish company or a foreign-owned enterprise hiring employees in Turkey, working with a qualified Turkish Law Firm ensures compliance, risk mitigation, and enforceability of employment terms.

At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers advise clients on employment agreement structures, termination strategies, and legal risk management. As a best lawyer firm in Turkey for labor and corporate law, we support HR and management teams throughout the employment lifecycle.

Types of Employment Contracts Under Turkish Law

  • Indefinite-Term Contract (Belirsiz Süreli): No fixed end date; governed by Article 11 of Labor Law No. 4857
  • Fixed-Term Contract (Belirli Süreli): Includes an agreed end date or linked to project completion
  • Part-Time Contract: Weekly working hours are less than full-time
  • Remote Work Agreement: Employee performs duties from outside the office
  • Trial Period Contract: Includes 2-month probationary period (extendable to 4 months via CBA)

Our corporate legal team ensures contracts are tailored for each position and legal structure.

Mandatory Elements in Turkish Employment Contracts

  • Job title and description
  • Workplace location and department
  • Gross monthly salary and bonus terms
  • Working hours and overtime compensation
  • Social security registration and tax obligations
  • Annual leave, sick leave, maternity leave provisions
  • Termination clause and notice periods

We draft bilingual contracts when requested and ensure they are compliant with Turkish Labor Law and GDPR rules.

Social Security and Tax Responsibilities

  • Mandatory registration of employee at SGK (Social Security Institution)
  • Monthly tax and insurance contributions by employer
  • Issuance of payroll slip and electronic declaration
  • Deduction of income tax and stamp tax from salary

Our firm collaborates with accountants to align employment contracts with tax reporting obligations.

Termination Procedures and Employer Liability

Termination must follow legal grounds under Labor Law Article 25. We advise on:

  • Termination with cause (e.g., misconduct, absenteeism)
  • Termination without cause (severance + notice pay)
  • Mediation before termination (zorunlu arabuluculuk)
  • Court process for reinstatement claims
  • Non-compete and confidentiality enforcement

We also assist in writing termination-proof clauses to reduce litigation risk.

Hiring Foreign Employees in Turkey

Foreigners cannot work without a work permit. We assist with:

  • Filing Ministry of Labor work permit applications
  • Drafting compliant employment agreements in Turkish and English
  • Aligning with quotas and salary thresholds
  • Reporting changes to the Ministry within 15 days

Our Turkish Law Firm acts as a full legal HR partner for foreign-owned companies.

Internal Resources You Should Review

Frequently Asked Questions (FAQs)

  • Are employment contracts mandatory in Turkey? Yes. Oral agreements are allowed, but written contracts are strongly advised.
  • Can I terminate an employee without notice? Only for just cause (e.g., criminal conduct). Otherwise, notice pay is due.
  • Can foreigners be employed part-time? Yes, if their work permit allows it. We guide you through the process.
  • Are trial periods enforceable? Yes, up to 2 months by default. We recommend explicit clauses.
  • Can your law firm handle contracts remotely? Yes. We prepare, send, and execute contracts under POA for global clients.

Contact Our Turkish Law Firm for Employment Contract Support

Drafting legally sound employment contracts in Turkey requires legal and HR insight. At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers help employers comply with labor law while protecting operational interests. As a Turkish Law Firm and recognized best lawyer firm in Turkey for employment law, we provide full legal infrastructure for your workforce.