EMPLOYMENT
CONTRACTS IN TURKEY
Introduction
Employment contracts are a critical component of labor
relations in Turkey, defining the rights and obligations of both employers and
employees. For foreign companies and individuals looking to hire or be employed
in Turkey, understanding the legal requirements and implications of employment
contracts is essential. This guide provides an in-depth look at the types of
employment contracts in Turkey, key legal considerations, and the importance of
seeking expert legal advice from an English-speaking lawyer in Istanbul.
Types of Employment Contracts in Turkey
In Turkey, employment contracts can take various forms, each
with specific legal implications. The most common types include:
1. Indefinite Term Contracts
Indefinite term contracts are the most common type of
employment agreement in Turkey. These contracts have no predetermined end date
and continue until either party decides to terminate the employment
relationship. Termination of indefinite term contracts requires compliance with
notice periods and, in some cases, the payment of severance.
2. Definite Term Contracts
Definite term contracts are used for employment
relationships with a fixed duration. These contracts must specify the start and
end dates or be linked to the completion of a specific task. Renewal of
definite term contracts is restricted; continuous renewal may lead to the
contract being deemed indefinite.
3. Part-Time Contracts
Part-time contracts are agreements where the employee works
fewer hours than a full-time employee. Part-time employees are entitled to the
same rights as full-time employees on a pro-rata basis, including leave and
social security benefits.
4. Temporary Employment Contracts
Temporary employment contracts are used for short-term work
arrangements, such as covering for an employee on leave or handling temporary
increases in workload. These contracts have specific limitations on duration
and must comply with Turkish labor laws.
5. Remote Work Contracts
With the rise of remote work, Turkey has introduced
regulations for remote work contracts. These contracts must outline the terms
of remote work, including working hours, communication methods, and
responsibilities. Employers must also ensure compliance with occupational
health and safety regulations for remote workers.
Key Legal Considerations in Employment Contracts
When drafting or entering into an employment contract in
Turkey, several key legal considerations must be taken into account:
1. Mandatory Clauses
Turkish labor law requires certain clauses to be included in
all employment contracts. These include:
- Job
Description: A clear outline of the employee's duties and
responsibilities.
- Working
Hours: Specification of regular working hours, including overtime
provisions.
- Wages
and Compensation: Details of salary, bonuses, and other benefits.
- Leave
Entitlements: Information on annual leave, sick leave, and other types
of leave.
- Social
Security Contributions: Obligations regarding social security
registration and contributions.
2. Notice Periods
Notice periods are mandatory for the termination of
indefinite term contracts. The length of the notice period depends on the
employee's length of service:
- 0-6
months: 2 weeks
- 6
months - 1.5 years: 4 weeks
- 1.5
years - 3 years: 6 weeks
- Over
3 years: 8 weeks
Employers can opt to pay compensation in lieu of notice if
they wish to terminate the contract immediately.
3. Severance Pay
Employees with at least one year of service are entitled to
severance pay upon termination of their employment. The amount is typically one
month's salary for each year of service. Specific conditions apply to the
calculation and payment of severance.
4. Probationary Period
Employment contracts may include a probationary period of up
to two months (extendable to four months in collective agreements). During this
period, both the employer and employee can terminate the contract without
notice.
5. Non-Compete Clauses
Non-compete clauses are enforceable in Turkey, provided they
are reasonable in scope, duration, and geography. These clauses must protect a
legitimate business interest and should not unduly restrict the employee's
ability to work.
6. Confidentiality Agreements
Confidentiality agreements are common in employment
contracts, particularly for employees with access to sensitive information.
These clauses prevent employees from disclosing confidential information during
and after their employment.
7. Termination for Just Cause
Under Turkish labor law, both employers and employees can
terminate the employment contract for just cause without a notice period. Just
causes include gross misconduct, violation of contractual obligations, or
circumstances that make continued employment untenable.
Dispute Resolution in Employment Contracts
Disputes arising from employment contracts are common, and
understanding the dispute resolution mechanisms is crucial for both employers
and employees.
1. Labor Courts
In Turkey, labor courts have jurisdiction over
employment-related disputes. These courts handle cases such as wrongful
termination, unpaid wages, and disputes over severance pay. Labor courts aim to
resolve disputes quickly, with an emphasis on protecting employee rights.
2. Mediation
As of 2018, mediation is a mandatory step before filing a
lawsuit in labor disputes. The mediator facilitates discussions between the
parties to reach a mutually agreeable settlement. If mediation fails, the
dispute can proceed to court.
3. Arbitration
While less common in employment disputes, arbitration can be
an option if both parties agree. Arbitration provides a private and potentially
faster resolution process compared to court proceedings.
The Role of an English-Speaking Lawyer in Istanbul
For foreigners navigating employment contracts in Turkey,
the assistance of an English-speaking lawyer in Istanbul is invaluable. A
qualified lawyer can help with:
- Drafting
and Reviewing Contracts: Ensuring that employment contracts comply
with Turkish labor laws and protect your interests.
- Negotiation:
Assisting in negotiations to secure favorable terms in the contract.
- Dispute
Resolution: Representing you in mediation, arbitration, or court
proceedings if a dispute arises.
- Legal
Advice: Providing expert legal advice on issues such as severance pay,
non-compete clauses, and termination rights.
Conclusion
Employment contracts in Turkey are governed by a robust
legal framework designed to protect both employers and employees. Whether you
are an employer hiring in Turkey or a foreign employee entering into an
employment relationship, it is essential to understand the legal requirements
and obligations.
At Altun Legal, our English-speaking lawyers in Istanbul
specialize in Turkish labor law and are here to assist you with all aspects of
employment contracts. From drafting and reviewing agreements to resolving
disputes, we provide comprehensive legal support tailored to your needs.
Contact Us
If you need assistance with employment contracts in Turkey,
contact Altun Legal today. Our experienced team is ready to provide expert
legal guidance.
This article is intended for general informational purposes only and not intended as a substitute for the advice and counsel of an attorney. If you want to contact an English-speaking lawyer in Istanbul for more information, you can contact our office.
