The probation period is a critical aspect of employment relationships, and in Turkey, it is explicitly addressed in Article 15 of the Turkish Labor Law. This regulation stipulates that a maximum of two months can be designated as a probationary period in individual labor contracts. Notably, this period may be extended to a maximum of four months when it comes to collective labor contracts. During this probationary phase, both the employer and the employee have the prerogative to terminate the contract without citing a specific cause, and no compensation is required. However, it is essential to highlight that the employee’s wage and other entitlements are safeguarded in the event of termination during the probationary period. It is crucial to recognize that standard employment contracts do not inherently include a probation period, and if desired, it must be explicitly inserted in Turkey.
In cases where an employment contract lacks a specified probationary period, Turkish law dictates that the employer must provide notification pay if the contract is terminated within a two-month period. This underscores the importance of clearly defining the probationary period in employment contracts to avoid ambiguity and ensure both parties are aware of their rights and obligations.
Collective labor contracts, a distinct category, allow for a probation period extension up to four months. This provision acknowledges the unique dynamics and requirements that may arise in group employment settings. During this extended probation, the same principles apply—either party can terminate the contract without cause and without incurring compensation obligations. This flexibility aims to provide a balanced approach to employment relationships while accommodating the nuances of collective work agreements.
The termination of a labor contract during the probation period in Turkey does not absolve the employer of responsibilities towards the employee. Even though the contract can be terminated without cause or compensation, the rights accrued by the employee, such as wages, remain protected. This protective measure ensures that employees are not unduly disadvantaged by the uncertainties associated with the probationary phase, fostering a fair and equitable employment landscape.
One noteworthy aspect of Turkish labor law is the absence of discrimination between Turkish employees and foreign employees working in Turkey, commonly referred to as expatriates. The legal framework explicitly states that foreign employees enjoy the same rights and protections as their Turkish counterparts. This commitment to equality is essential in fostering an inclusive work environment and promoting a level playing field for all employees, regardless of their nationality.
In instances where an employment contract does not specify a probationary period, Turkish law mandates that the employer must provide notification pay if the contract is terminated within a two-month period. This financial compensation serves as a safeguard for employees, offering a degree of financial security in the absence of a structured probationary phase.
Understanding the nuances of probation period is crucial for both employers and employees in Turkey. The explicit regulations in the Turkish Labor Law provide a framework that balances the interests of both parties during this critical phase of employment. Whether through individual or collective labor contracts, the probation period allows for flexibility while ensuring that the rights of the employees, both Turkish and foreign, are protected. This commitment to equality and fairness underpins Turkey’s approach to labor relations, contributing to a robust and just employment environment for all.
San Global is well-equipped to assist you with your Employer of Record (EOR) and payroll requirements (also known as the Umbrella Company) in Turkey. We are capable of handling your HR (Recruitment) needs, even in the absence of a legal entity in Turkey.