What are the different types of employment contracts in Turkey ?

According to Article 9 of the Turkish Labor Law No. 4857, employment contracts may be for a definite or indefinite term. A contract is considered indefinite if the employment relationship is not based on a fixed term. However, a definite term contract is an exception and is only possible under specific conditions, such as when the work has a specified term or will be completed within a specified period.

Definite term contracts must be in writing as a legal requirement. They can only be concluded more than once for essential reasons, or else they are considered indefinite from the start.

The major difference between definite and indefinite term contracts lies in the rights they grant to the employee. For instance, indefinite term contracts may require notice before termination and payment of severance under certain conditions, while definite term contracts expire automatically without notice, and the employee does not have the right to severance pay, except for unjustified early termination.

2. Employment contracts can have minimum or maximum terms. In contracts with a maximum term, the parties determine a maximum period for the contract’s effectiveness, allowing termination by notice at any time during this term. The contract automatically terminates at the end of the maximum term, similar to definite term contracts. If terminated by notice, provisions regarding indefinite term contracts apply.

In contrast, contracts with a minimum term prohibit termination by notice until the end of a specified minimum time period agreed upon by the parties. Unlike contracts with a maximum term, these contracts do not automatically terminate at the end of the minimum term, and notice of termination is required.

Both types of contracts allow for termination by default at any time and in any case.

Parties can include a trial period clause in employment contracts, allowing a period for trial before the contract becomes binding. This clause can be included in any type of employment contract.

The trial period, as per Article 15 of the Labor Law, cannot exceed two months, but it can be extended up to four months through collective labor agreements. During the trial period, either party has the right to terminate the contract without notice and without compensation, although the employee retains the right to receive salary for the actual work period and other related rights.

Article 16 of the Labor Law introduces the concept of a gang contract, which is a contract concluded between an employer and a group of employees represented by a leader. Each employee specified in the gang contract is considered to have a separate employment contract with the employer.

Gang contracts must be in writing, and the identity and wage of each employee should be specified separately. Deductions cannot be made from employees’ salaries for the gang leader’s services, and the leader is held liable if any employee fails to start working after signing the contract.

While not specifically outlined in the Labor Law, references to seasonal employment contracts can be found in various provisions. Seasonal works are those performed at specific times of the year or in higher volume during certain periods. These contracts are common in sectors like hotel business, construction, agriculture, and forestry.

Under seasonal employment contracts, employees are paid only during the prescribed working periods, with no salary during non-working periods. The contract is considered suspended during this time, but termination occurs if the employee is not called back to work at the beginning of the seasonal period.

Seasonal employment contracts can be for a definite or indefinite term, depending on the specific case.

A part-time employment contract is when the employee’s normal weekly working time is considerably shorter than that of a full-time employee. According to judicial precedent, the part-time working period cannot exceed 2/3 of full-time working hours. Part-time employees may be employed for a maximum of 30 hours per week.

Article 13 of the Labor Law prohibits discrimination against part-time employees unless there is a justifiable reason. Part-time employees are entitled to proportional benefits compared to full-time workers, including wages and other monetary benefits.

This type of employment relationship involves the employee performing work upon the emergence of the need for their services, as agreed in the written employment contract. The weekly working time is considered fixed at twenty hours unless otherwise specified.

If the employer has the right to request work on call, they must make the call at least four days in advance. The employee is obliged to perform work upon the call within the specified time limit. If the daily working time is not determined, the employer must engage the employee for a minimum of four consecutive hours at each call.