An employment contract is primarily used in labour law to define expectations, rights, and responsibilities of both the employer and employee, including holiday pay, sick leave, and salary details.
In an employment contract, the employee commits to perform the agreed work, while the employer promises to pay the agreed wage. Understanding the legal requirements, structure, and language of employment contracts in Turkey is essential to avoid potential conflicts.
For precise drafting and consultation, it is advisable to engage an experienced Turkish employment lawyer. At ER&GUN&ER Istanbul Lawyer Firm, our expert attorneys provide comprehensive guidance. Contact Us today.
Types of Employment Contracts Under Turkish Labor Law
Turkish Labor Law provides various types of employment contracts, including:
- Full-time and Part-time employment contracts
- Employment contracts for Continual and Transitory Work
- Employment contracts with a Probation Period
- Employment contracts for a Definite Term and an Indefinite Term
Full-Time and Part-Time Employment Contracts
Under Turkish Labor Law, contracts specifying a workweek of up to 30 hours are part-time, while contracts of 45 hours per week are full-time. Employers cannot require part-time employees to work full-time without legal grounds.
Employment Contracts in Continual and Transitory Work
Contracts for jobs lasting up to 30 days are classified as transitory, whereas longer-term employments are continual, requiring specific contractual documentation.
Employment Contracts with a Probation Period
Probationary employment contracts allow both parties to evaluate job suitability. Such contracts clearly specify probation conditions.
Employment Contracts for a Definite Term and an Indefinite Term
Contracts specifying employment duration are definite-term, while contracts without an end date are indefinite-term. Fixed-term contracts conclude automatically upon expiration but can be renewed with mutual agreement.
Differences Between Fixed-Term and Indefinite-Term Employment Contracts
Indefinite-term contracts can be terminated without notice if justified legally, without severance pay. In contrast, fixed-term contracts, when terminated without a valid reason, entitle the employee to compensation for the remaining contract period.
Penal Clause in Employment Contracts
According to Article 179 of the Turkish Code of Obligations, employment contracts may include penal clauses for non-performance if agreed by the employee. Since specific legislation on penal clauses is absent from Turkish Labor Law, professional legal advice is recommended.
Employment Contract Template
Employment contracts vary significantly based on their type. Obtaining an employment contract template from a professional Turkish law firm, such as ER&GUN&ER Istanbul Lawyer Firm, can ensure legal compliance and clarity.
For expert legal assistance regarding employment contracts in Turkey, trust our experienced Istanbul law firm. Our qualified Turkish lawyers provide personalized advice tailored to your situation. Contact Us to learn more.
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