A well-written employment contract prevents most disputes before they start. Under Turkish labour law some contracts must be in writing; where there is no written contract, the employer must state the working conditions in writing within two months.
Types and form
| Contract | Written form | In brief |
|---|---|---|
| Indefinite | If it will last 1 year or more | Default type; deemed indefinite if no term is stated |
| Fixed-term | Required | Must rest on an objective reason such as a specific job, project or event |
| Part-time | Required | Weekly hours do not exceed two-thirds of a comparable full-time worker; no overtime |
| On-call | Required | If hours are not agreed, 20 hours a week is assumed; call at least 4 days ahead, at least 4 consecutive hours per call |
| Remote work | Required | Job description, how it is done, hours and place, pay, equipment, communication and data protection are stated |
| Team contract | Required | Each worker's identity and pay shown separately |
| Temporary employment | Required | Only through licensed private employment agencies and in cases listed in the law |
Successive fixed-term contracts
If fixed-term contracts are renewed repeatedly without a material reason, the relationship is treated as indefinite from the start of the first contract. Result: job security, notice and severance are calculated from the first start date; expiry becomes a termination requiring a valid reason.
What a contract should contain
- Parties and start date
- Job description and place of work (limits of any right to change it)
- Working hours and distribution, overtime consent
- Base pay, benefits and payment date (gross / net stated clearly)
- If fixed-term, the term and objective reason
- Probation period
- Confidentiality, non-compete, intellectual property
- Processing of personal data (separate privacy notice)
- Occupational health and safety obligations
- Notice addresses, dispute resolution (mediation)
Notice periods or leave below the statutory minimum are invalid; the contract can only improve them in the employee's favour.
Probation
- Up to 2 months; up to 4 months under a collective agreement.
- During probation either party can terminate without notice or compensation; wages and other entitlements for days worked are paid.
- Probation does not defer SGK notification; the hiring notification is filed before work starts.
Non-compete and confidentiality
- A non-compete must be in writing and is valid only where the employee gains knowledge of customers or trade secrets.
- It must be limited in place, time and type of work; except in special cases it may not exceed 2 years. A judge may narrow an excessive restriction.
- If the employer terminates without just cause, the non-compete ends.
- Confidentiality obligations are not subject to these limits.
Foreign employees
A signed contract or draft is submitted with the work permit application; the salary in the contract must match the permit and payroll. Work permit application
Common mistakes
- Stating a net wage without its period (gross rises as tax brackets change). Salary calculator
- Fixed-term contracts renewed every year.
- Contracts or annexes without the employee's signature.
- Notice or leave clauses below the statutory minimum.
- Remote work without a contract annex.
Sources
Labour Law No. 4857 arts. 8, 9, 11, 12, 13, 14, 15; Turkish Code of Obligations No. 6098 arts. 444–447 (non-compete); Remote Work Regulation; Personal Data Protection Law No. 6698.