Understanding the different types of employment contracts in Turkey is essential for both employers and employees. Turkish Labor Law regulates various forms of contracts, each with distinct legal requirements, durations, and employee rights. In this guide, we explore these contract types in detail to help you stay compliant and informed.
What Is an Employment Contract?
An employment contract is a legally binding document that defines the professional relationship between an employer and an employee. According to Turkish Labor Law No. 4857, this contract sets mutual obligations: the employee must perform duties as required, while the employer is responsible for paying wages and providing lawful working conditions.
Why Is an Employment Contract Important?
A written employment contract ensures clarity and transparency between the parties. It outlines expectations, roles, rights, and responsibilities, helping prevent disputes and legal uncertainties. It also defines preventive measures against any potential disagreement, making it easier to resolve conflicts if they arise.
Key Elements of Employment Contracts in Turkey
An effective employment contract should contain:
- Full names and contact details of both parties
- Job description, including scope and conditions
- Salary amount and payment schedule
- Duration of the contract (start and end dates)
- Working hours and weekly workload
- Rights and obligations of both parties
- Type of contract (fixed, indefinite, etc.)
- Termination terms, including notice and reasons for dismissal
Main Characteristics of Employment Contracts
Employers must carefully choose among different types of employment contracts in Turkey to align with both operational needs and legal obligations.
- Employment contracts do not require a specific legal format and can be adapted to various working models.
- Contracts with a duration over one year must be in writing.
- Monthly payslips must be issued, detailing wages, deductions, and allowances.
- For contracts under one year, certain conditions must still be communicated in writing to the employee.
- Failure to provide necessary documentation may result in financial penalties for the employer.
Types of Employment Contracts
The main types of employment contracts in Turkey include fixed-term, indefinite-term, part-time, probationary, and temporary contracts.
Fixed-Term Employment Contract in Turkey
A fixed-term contract is used when the job is expected to be completed within a specific period. This contract must be written and expires automatically at the end of the term. It may include a goal-based duration or task-specific deadline. Renewals are allowed only once, and only with valid justification.
Part-Time Employment Contract in Turkey
This is the default type of employment contract in Turkey. It does not specify an end date and continues until terminated by either party. It includes provisions for severance pay, notice periods, paid annual leave, and job security.
Part-Time Employment Contracts in Turkey
If the employee’s weekly working hours are at least 33% less than those of a full-time position (typically 45 hours/week), the contract is considered part-time. It can be either fixed-term or indefinite-term.
Probationary Employment Type in Turkey
This contract includes a trial period where both the employer and the employee can terminate the contract without notice. It helps assess the suitability of the working relationship before committing long-term.
Full-Time Employment Contract in Turkey
In Turkish labor law, full-time work is defined as up to 45 hours per week. If no other clause is mentioned in the contract, the full-time terms will apply by default.
Temporary Employment Contract in Turkey
Temporary or casual work contracts are typically used for jobs that last less than 30 days. Some labor law protections may not apply under this model.
Collective Labor Contracts in Turkey
Collective labor contracts are negotiated between employers (or employer unions) and labor unions. Unlike individual contracts, these contracts cover all employees in a workplace. Key features include:
- Must be in writing
- Valid for 1 to 3 years
- May include provisions on wages, working hours, occupational safety, and dispute resolution
- Employees not in the union can benefit by paying a solidarity fee
- Employers cannot discriminate between union and non-union workers regarding wages or termination
The collective labor contract prevails over individual contracts unless the latter offers more favorable terms for the employee.
Frequently Asked Questions About Employment Contracts in Turkey
Yes, if the duration of the employment exceeds one year, a written contract is mandatory under Labor Law No. 4857. For shorter terms, a written contract is recommended but not legally required.
If a written contract is not provided for employment exceeding one year, the employer may face legal penalties. Even for shorter periods, the employer must still inform the employee in writing about job conditions and payment details.
A fixed-term contract can be renewed only once, and only if there is a justified reason. Otherwise, it is legally considered an indefinite-term contract.
A fixed-term contract has a specific end date or task, while an indefinite-term contract continues until either party terminates it. Indefinite contracts include benefits such as severance pay and notice periods.
Yes. A probationary (trial) period is allowed by mutual contract and can last up to two months. During this time, either party can terminate the contract without notice or compensation.
Foreign companies cannot directly hire employees unless they have a registered legal entity in Turkey. They must either open a local company or use an Employer of Record (EOR) service.
Understanding the legal framework and selecting the correct type of employment contract in Turkey ensures compliance and protects the rights of all parties involved.
For official information about employment regulations, you can refer to the Turkish Labor Law No. 4857 published by the Ministry of Labor and Social Security.
To learn more about employee rights and different types of leave under Turkish Labor Law, check out our detailed guide on excuse leave in Turkey.