Guide to Employment Contract Types in Turkey
Employment relationships in Turkey are primarily governed by Labor Law No. 4857 (Articles 8–26). Understanding the different types of contracts is essential for managing workforce compliance and minimizing legal risks.
- General Principles of Employment Contracts
- Definition:An employment contract is an agreement where one party (the employee) undertakes to perform work, and the other party (the employer) undertakes to pay a wage.
- Form of Contract:As a rule, employment contracts are not subject to a specific legal form. However, contracts with a duration of one year or more must be executed in writing.
- The Two-Month Rule:If no written contract exists, the employer must provide the employee with a written document within two months stating the general and special working conditions, hours, base salary, payment frequency, and termination notice periods.
- Main Types of Employment Contracts
2.1. Indefinite vs. Definite Term Contracts
- Indefinite Term (Standard):If the duration of the employment is not specified, the contract is considered an indefinite term contract. This is the most common form of employment in Turkey.
- Definite Term (Fixed-Term):These contracts are made for a specific duration or until a specific task is completed. They must be in writing and based on objective conditions (e.g., project-based work, seasonal work).
- Important:A fixed-term contract cannot be renewed successively (chain contracts) unless there is a substantial reason. Otherwise, it will be deemed an indefinite term contract from the start.
2.2. Full-Time vs. Part-Time Contracts
- Full-Time:The standard weekly working time is 45 hours.
- Part-Time:Working hours are significantly less than a full-time equivalent. Wages and benefits are paid on a pro-rata basis (proportionate to actual hours worked).
- Call-Based Work (On-Call):A specific type of part-time contract where the employee works when needed. If hours are not specified, the law assumes a weekly minimum of 20 hours. The employee is entitled to the wage even if they are not called to work during the agreed period.
- Standard Part-Time:Specific work days and hours are predefined, not exceeding two-thirds of the full-time equivalent.
2.3. Contracts with a Trial Period (Probation)
Parties may include a trial period in the contract to evaluate performance.
- Duration:The maximum trial period is two months (can be extended to four months through a Collective Bargaining Agreement).
- Termination:During this period, either party may terminate the contract without notice or payment of indemnity. The employee’s right to be paid for days worked is reserved.
2.4. Team Contracts
A specialized contract where a group of workers (a team) is hired through a representative (the team guide).
- Requirement:Regardless of the duration, it must be in writing.
- Direct Payment:Although hired as a team, the employer must pay each worker’s wage individually. No deductions or commissions can be made from the workers’ wages in favor of the team guide.
