Employment Law in Turkey
Employment laws in Turkey for Turkish nationals and foreign nationals are the same. Additionally, some special provisions applied to the employment and residence permits of foreigners who want to work in Turkey. Under labor law, an employee is a person who holds a written employment contract to work under the power of an employer. An employee gets instructions from the employer regarding the work and is completely dependent on the employer for salary.
The Need For a Written Employment Contract When Working in Turkey
Whether you are a Turkish or foreign national, fixed-term employment contracts, on-call contracts, remote-working contracts, and some other kind of employment contracts must be in writing. The employment contracts can either be in written or oral form. If the employee has been hired under a permanent contract for one year, it’s required to formalize the contract in writing if the contract was previously in oral form.
If there is no written employment contract, then as per the employment law in Turkey, the employer is required to provide a written document to the employee representing some specified terms & conditions (they can be general or based on the conditions of work) within two months of the beginning of the employment.
Though the employment law in Turkey does not require these statements, the provisions mentioned in the written statement involve the minimum terms & conditions that should be there in the employment contract. Above all, this written employment contract must be implemented in Turkish.
But, the contract can be drafted in some other language as well, including Turkish. If there is any dispute, the Turkish version of the contract is more likely to succeed. If the contract is drafted in another language, English, the court will automatically accept that the relevant employee understands English, and translation will be requested during the dispute.
Employment contract as per the employment law in Turkey does not include taxes and duties.
Employers Can Make Changes To An Employment Contract
As per the employment law in Turkey, the employer has the freedom to change the employment contract anytime, but through a written agreement. Both employee and employer can change the agreement with mutual understanding.
Another way of changing the employment contract is to notify the employer of the changes in writing. The changes will be applicable if the employee accepts the changes in writing within six working days of receiving the notification. Employment law in Turkey says; that the changes in the employment contract for the conditions of employment can be done forcefully.
To be agreed with the changes, the employee has to accept them in writing. If not writing is received by the employer, the changes will not be binding on the employee. In such a situation, the employer has the right to terminate the employment contract with notice and provide a valid reason.
This procedure is applied only for the changes to the essential working conditions of the employee. On the other hand, the employee’s consent is not necessary in the case of non-essential working conditions.
In addition to this, if an employer wants to make the changes in the employment contract regarding the employee’s employment conditions to his/her benefits, such as; a salary increment, the employer can implement the changes without getting the employee’s consent. But, it’s always recommended to inform the employee of any kind of change(s) in writing.
Also, the employer has the right to change the place of work of the employee without the employee’s consent.
Employment Law in Turkey is Applicable For Both Turkish and Foreign Nationals
When it comes to the laws to open a company in Turkey and hire foreign and local entrepreneurs personnel, the Labor Law no. 4857 and Trade Union Law are their main codes of practice. The previous law, which was Labor Law no. 1475, has been eliminated, some of its articles are still maintained. One such article is related to severance payments. The law specifies that no one has the right to discriminate among employees in terms of race, gender, religion, philosophical belief, etc.
If you are new to these concepts, it would be better to get the help of legal experts in Turkey to get detailed information about employment law in Turkey.
As per the employment law in Turkey, the employment contract should contain some specific elements. These include the information about the employer and employee, the condition of employment, the salary of the employee and other benefits, and the working hours. As said earlier, the employment contract must be given to the employee in writing.
The Probation Period For Employees in Turkey
As per the employment law in Turkey, it’s clearly stated that if you are a new employee, you must go through a probation period of up to two months. It’s when the employee has the chance to leave the job without providing any notice to the employer. During this probation period, the employer can provide a contract that includes information such as; job title, tasks, working hours, payment, leave conditions, and others. This type of contract that contains information about the probation period is called a; “standard contract.”
But at the same time, it’s essential to have the legal support of a Turkish lawyer who can explain to you all the details mentioned in the employment contract.
How Can An Employment Contract Be Terminated in Turkey?
As per the employment law in Turkey, the termination of an employment contract in Turkey begins with a notice in a formal way. The employee must notify the employer about his/her intentions of leaving the job four weeks before the last day. It’s always good that an employment contract is terminated in agreement with both the employee and an employer.
On the other hand, the employer has the right to fire the employee and close the employment contract if the employee is not fulfilling his/her tasks and attributes. No matter what the case is, the employee or the employer must notify in all cases.
Are There Any Special Clauses in a Work Contract in Turkey?
Yes, some employers may include a condition in a contract that prohibits the employee from cooperating with competitors in the market. This means that a person cannot share secret information or collaborate with other firms engaged in similar market operations. Depending on the employment contract and the terms agreed upon, such a clause may be for a fixed time or an infinite period. This is often referred to as a restraint of trade provision, and it’s typically included in an employment contract.
The Payment of Employees in Turkey
In most situations, employees in Turkey are paid monthly; however, in rare circumstances, top employees in a firm may get additional perks in addition to their income. Some Turkish workers are paid daily in cash, although a different type of employment contract may cover them. Also, some employees in Turkey have special contracts, and they can be paid weekly. There are also freelancer workers in Turkey, which don’t have a contract with employers but can be paid daily, weekly, or monthly. Also, some are paid on the job or per the job.
Final Words on Employment Law in Turkey
Turkey is always open to investment by foreign nationals or works from foreigners. To get the details of the employment law in Turkey, whether employee or employer, both are advised to seek the help of a Turkish attorney.
Related Article: Learn Things About Turkish Labour Law.