Concept of employment contract in Turkey
Article 8 of the Labour Law No. 4857 defines the employment contract as a contract consisting of one party (employee) undertaking to perform work dependently and the other party (employer) undertaking to pay wages.
According to this definition, an employment contract in Turkey has three elements: performance of work, payment of wages and dependency.
The performance of work means that the worker performs the work that the worker undertakes to perform with the employment contract in Turkey, and the payment of wages means that the worker is economically dependent on the employer in terms of providing work equipment and legally dependent on the employer in terms of complying with the employer’s instructions.
The employee is required to perform the work himself, with due diligence and by keeping the employer’s secrets within the agreed or deemed agreed rules, and the employer is required to provide the necessary materials and environment for the worker to perform the work in an employment relationship established by an employment contract in Turkey, to pay wages in return for the work performed, to protect the worker against various dangers that may occur and to take the necessary precautions, and to treat equally among the workers.
Conclusion of the employment contract in Turkey
Article 8 of the Labour Law stipulates that employment contracts are not subject to a special form unless otherwise specified in the law, and that employment contracts with a duration of one year or more must be made in writing.
Although the law does not specify what matters should be included in the employment contracts, it is beneficial to include the names and surnames of the parties (titles in legal entities and the name and surname of the employer’s representative), the workplace address, the date of the contract, the start and end dates, if any, the work to be done, the amount of the wage to be paid, the time of payment of the wage, the signatures of the parties and special issues concerning the parties.
A number of types of employment contracts are defined in the Turkish Labour Law, but as a general provision, Article 9 sets out the principle that the parties can arrange the employment contract in the appropriate type according to their needs, without prejudice to the limitations imposed by the provisions of the law.
