Types of Employment Contracts in Turkey

14 Aug 2014




According to Article 8 of the Turkish Labor Code numbered 4857, the employment contract is an agreement whereby one party undertakes to perform work to the other party who undertakes to pay him remuneration. The employment contract is not subject to any special form unless the contrary is stipulated by Turkish Labor Code. Written form is required for employment contracts with a fixed duration of one year or more, such written documents are exempt from the stamp duty and all kinds of fees.

In cases where no written contract has been made, the employer is under the obligation to provide the employee with a written document, within two months at the latest, showing the general and special conditions of work, the daily or weekly working time, the basic wage and any wage supplements, the time intervals for remuneration, the duration if it is a fixed term contract, and conditions concerning the termination of the contract. However, this explanation shall not apply in case of fixed term contracts whose duration does not exceed one month. In the event that, the employment contract has expired before the lapse of two months, this information must be submitted to the employee in written form on the expiration date at the latest.

Employment contracts may be executed for a definite (fixed term) or indefinite (open-ended) period. In terms of the manner of working, these contracts may be concluded on a full-time or part-time basis, or with a trial (probation) period or in other forms possible. Unless there are essential reasons for differential treatment, the employer must not make any discrimination between a full-time and a part-time employee or an employee working under a fixed-term employment contract (contract made for a definite period) and one working under an open-ended employment contract (contract made for an indefinite period).

It is important to note that an employment contract for a definite period should not be executed more than once, except when there is an essential reason which may necessitate repeated (chain) contracts. Otherwise, the employment contract is deemed to have been made for an indefinite period from the very beginning.