Turkey: Employment Contract Types And Terms And Conditions Permitted By Law

Last Updated: 24 August 2011
Article by Lina Simonyte

An employment contract is as a category of agreement used in labor law to establish basic rights and responsibilities between employees and employers. This document is legally binding and generally will be enforced as long as the terms are not egregious and/or where an employee is not prohibited to contract-away his/her rights under worker protection legislation.

The aim of this brief information note is to provide an understanding of employment contracts executed in Turkey and in Lithuania and to highlight distinctions between contract types and terms and the conditions applicable.

1. Introduction

The history of employment contracts date back to ancient Rome where they were constructed unequally and where the employer was held in a higher position with regards to the employee. Fortunately today, the employment contracts have evolved trying to protect the rights of employees more.

In Turkish law, definition of employment contracts can be found in the Turkish Labor Code (TLC), Law No. 4857, dated June 10, 2008 and in the Turkish Code of Obligations (TCO), Law No. 818, dated April 22, 1926. As defined in such sources an employment contract is an agreement where an employee undertakes to serve to an employer who is engaged to pay him/her a wage for a certain or uncertain period of time (TLC. Art. 8; TCO. Art. 313/1).

Similar definition of employment contracts can be located at the Labor Code of the Republic of Lithuania (LLC), Law No. IX-926, dated April 6, 2002. Article 93 of LLC states that an employment contract shall be an agreement between an employee and an employer whereby the employee undertakes to perform a work of a certain profession, specialty, qualification or to perform specific duties in accordance with the work regulations established at the workplace, whereas the employer undertakes to provide the employee with the work specified in the contract, to pay him/her the agreed wage and to ensure working conditions as set in labor laws, other regulatory acts, the collective agreements or by an agreement among the parties.

As understood from these definitions of both Turkish and Lithuanian laws, there are three constitutive elements required for an employment contract: work, wage and dependence.

2. Types of Employment Contracts in Turkey and in Lithuania

Properly drafted employment contracts provide useful instruments by which parties are equally and fairly protected. In general terms there are two main types of employment contracts that are for indefinite term and for temporary (fixed) term.

In Turkish Labor Code, there are specifically tailored four different types of classifications:

a) Employment contracts for "temporary" and "permanent" work (Article 10 of TLC). Employment which, owing to its nature, lasts only up to 30 days is transitory (temporary); and employment which requires a longer period is continual (permanent).

b) Employment contracts for a "definite period" or an "indefinite period" (Article 11 of TLC). An employment contract is deemed to have been made for an indefinite period which the employment relationship is not based on a fixed term. An employment contract for a definite period is one that is concluded between the employer and the employee in written form, which has a specified term or which is based on the emergence of objective conditions like the completion of a certain work or the materialization of a certain event. An employment contract for a definite period must not be concluded more than once, except when there is an essential reason which may necessitate repeated (chain) contracts. Otherwise, (in case of repetition) such employment contracts are deemed to have been made for an indefinite period from the very beginning.

c) Employment contracts for "part-time" work (Article 13 of TLC). The employment contract shall be considered as a part-time contract where the normal weekly working time of the employee has been fixed considerably shorter in relation to a comparable employee working full-time.

d) Employment contracts for "work-upon-call"  (Article 14 of TLC). Employment relationship which foresees the performance of work by the employee upon the emergence of the need for his/her services, as agreed to in the written employment contract, qualifies as a part-time employment contract based on work-on-call.

Labor Code of Republic of Lithuania (LLC) provides even more specific classifications under six titled only some similar to TLC's as defined below:

a) Non-term (Article 108/2 of LLC) as a rule is an employment contract shall be concluded for an indefinite period of time.

b) Fixed-term, temporary, seasonal (Article 109/1 of LLC). A fixed-term employment contract may be concluded for a certain period of time or for the period of the performance of certain work, but not exceeding five years. Article 113/1 of LLC defines that a temporary employment contract shall be an employment contract concluded for a period not exceeding two months. Article 112/1 of LLC defines a seasonal employment contract shall be concluded for the performance of seasonal work. Seasonal work shall be such work, which due to natural and climatic conditions are performed not all year round, but in certain periods (seasons) not exceeding eight months (in a period of twelve successive months), and is entered on the list of types of seasonal work.

c) Additional work, secondary job (Article 114 of LLC). Unless it is prohibited by laws, an employee may make an arrangement to perform certain additional duties or certain additional (not agreed in the contract) work at the same workplace. Article 114/2 of LLC describes that an employee may perform secondary duties or do a second job at another workplace unless it is prohibited by laws or other regulatory acts. The characteristics of employment contracts on secondary duties (job) are established by the Government regulations and/or collective agreements, if any.

d) With home-workers (Article 115 of LLC). An employment contract may be established where an employee will perform the job functions agreed therein at home. The characteristics of employment contracts for home-workers are established by the Government regulations and collective agreements, if any.

e) On the supply of services (Article 116 of LLC). A contract on the supply of services shall be an employment contract whereby an employee undertakes to supply personal household services to his employer. The characteristics of this type of employment contracts are established by the Government.

f) Other (Article 117 of LLC). There are various other types of employment contracts such as employment contracts with employees of farms and other agricultural entities, employees of special purpose enterprises whereof disruption of activities may have serious consequences to people of the State and its nature, as well as contracts concluded in other cases specified by LLC or other laws.

Labor codes of both countries provide an opportunity to parties to determine the employment conditions in a manner to satisfy their actual needs. Both of these labor codes also foresee an opportunity upon concluding an employment contract to agree on a trial period. In Lithuania, a trial period shall not be longer than three months but in Turkey it shall not exceed two months but it may be extended up to four months if there is a collective agreement.

3. The Terms and Conditions of Employment Contracts

If one employee agrees to work for someone and that person agrees to pay a salary in return there is an employment contract deemed to exist even if not in writing. In case the essential terms and conditions are not determined fully by the parties, the labor codes fill in the blanks with minimum requirements in case of a dispute.

Under LLC of Lithuania, an employment contract shall be deemed to be concluded if the parties have agreed on the conditions of an employment contract. Article 95 of LLC defines the application of such conditions of an employment contract. These conditions designated by the Article may be divided into sections as essential, compulsory and other conditions (see table below):

Table for Classifying Conditions of Employment Contracts Under LLC of Lithuania

Employment contract will be invalid if there is no agreement between parties on the essential conditions. Therefore the contract will still be deemed valid in case the parties did not agree on the compulsory or other conditions and such issues will be resolved by determination of LLC.

There are different types of employment contracts established in LLC of Lithuania as explained above subject to different conditions. Employment contracts must be in writing and the model of agreement should be determined by law. In case where the employment has commenced without a written agreement, the employer shall register an employment contract later with corrections in company books and employee submissions.

Table for Classifying Conditions of Employment Contracts Under TLC of Turkey

Under Turkish law, employment contract is not subject to any kind of form requirement unless stated otherwise by law. The TLC of Turkey states that, there is no form requirement for concluding an employment contract. This means that an employment contract can even be concluded verbally without signing any contract.

However, if an agreement is signed for a definite period (one year or more), it must be in written form for the purposes of evidence and it will be deemed as an indefinite term agreement otherwise.

On the understanding that there is no written contract concluded between the parties, i.e., the employer and the employee, within two months from the start of the employment, the employer is obliged to provide the employee with a written and unilaterally signed document showing the conditions mentioned above (see table for classifying conditions of employment contract under TLC of Turkey).

This liability noted above is not applicable to fixed term contracts whose duration does not exceed one month. If the employment contract has expired before the lapse of two months, this information must be communicated to the employee in written form on the expiration date at the latest (Article 8 of TLC). An employer, who decides to change working conditions noted in the employment contract, on the rules of work which are annexed to the contract, and on similar sources or workplace practices, this can only be achieved with a written notice to be served to employee and his/her acceptance if such changes are essential.

In Lithuania, working time may not exceed 40 hours per week and the duration of daily working time must not exceed 8 working hours pursuant to Articles 144/1 – 144/1 of LLC. Maximum working time, including overtime, must not exceed 48 hours per 7 working days. For employees, working in more than one workplace or having an additional job contract in the same workplace, the daily working time (including breaks to rest and to eat) may not be longer than 12 hours.

However in Turkey, the maximum normal working time is 45 hours per week. Working hours in the workplace shall be divided equally by the days of the week. Provided that the parties have so agreed, working time may be divided by the days of the week worked in different forms on condition that the daily working time shall not exceed 11 hours (Article 63) and one full day break shall be provided in the weekend.

In Turkey an employee must be at least of 15 years of age to be eligible for full-time employment. Children of ages 13 and 14 can only work in jobs that are not physically demanding or that are part-time, if such children are also enrolled in school or other vocational training.

This notwithstanding, in Lithuania, a person could acquire full legal capacity in labor relations and ability to acquire labor rights and undertake labor related duties when he/she reaches the age of 16 years. The recruitment of persons under the age of 16 is allowed with written consent of their school and of one of the child's parents or his/her statutory representative, as well as with permission of his/her attending pediatrician. Persons under the age of 16 must perform only easy works that are not dangerous and do not affect their physical and psychological development negatively.

In both Turkey and Lithuania labor codes also prohibit any type of discrimination based on race, gender, political opinion, religion or similar social criteria.

4. Conclusion

Consequently, employment contract types in Lithuania and Turkey and the terms and conditions are considerably similar to each other. They both aim to protect the employee's rights and try to establish a safe working environment later outweighing the rights of employers.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
Yonet Attorneys At Law
Erdem & Erdem Law
Kolcuoglu Demirkan Kocakli Attorneys at Law
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Yonet Attorneys At Law
Erdem & Erdem Law
Kolcuoglu Demirkan Kocakli Attorneys at Law
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions