Employment

Employment contract

The contract establishing the relationship between employee and employer, one party undertaking dependent work and the other undertaking to pay wages.

All terms

An employment contract under Turkish law is an agreement in which the employee undertakes to perform work in dependence on the employer, and the employer undertakes to pay wages. Dependence distinguishes employment from contracts for work or mandate: the employee is bound by the employer's instructions.

No particular form is required as a rule, although fixed-term contracts of one year or longer must be in writing. Where there is no written contract, the employer must provide the employee with a document setting out the working conditions. Social security registration is mandatory from the outset; unregistered employment triggers administrative fines and entitles the employee to bring a service determination claim.

Clauses on probation, overtime consent, penalties and non-competition may be included, but they cannot override the mandatory protective provisions of Turkish labour law.

Not to be confused with

Eser sözleşmesi ile karıştırılmamalıdır: eserde bağımsız çalışan yüklenici bir sonucu taahhüt eder, iş ilişkisinde ise işçi işverene bağımlı olarak çalışır.

Statutory basis

  • İş Kanunu m.8

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.