Fixed-Term Employment Contract
Also known as: Temporary Contract, Project-Based Contract, Successive Contracts, Belirli Süreli İş Sözleşmesi
Author Ali Gül
In short
An employment contract concluded based on objective conditions such as fixed-term work, completion of a specific job or occurrence of a specific event; it may not be renewed successively without an essential reason.
Under Article 11 of the Labour Law, a fixed-term employment contract is concluded in writing between employer and employee based on objective conditions such as fixed-term work, completion of a specific job or occurrence of a specific event. The norm in Turkish employment law is the indefinite-term contract; the fixed-term contract is the exception.
Objective Conditions
A fixed-term contract may only be concluded for:
- Fixed-term work: Seasonal work or work for a temporary need,
- Completion of a specific job: Completing a project or construction, for example,
- Occurrence of a specific event: Hiring a replacement for an employee on maternity or military leave until their return, for example.
A fixed-term contract concluded without an objective condition is deemed indefinite from the outset.
Ban on Successive Contracts
A fixed-term contract may not be concluded more than once in succession without an essential reason. A contract renewed without an essential reason is deemed indefinite from the outset. This rule prevents job security being circumvented through fixed-term contracts.
Expiry
A fixed-term contract ends automatically on expiry; no notice is required and no notice pay arises. As expiry is not a termination by the employer, job security rules generally do not apply. However, an employee with at least one year’s seniority may be entitled to severance pay when the contract ends on expiry.
Early Termination
Termination before expiry without just cause may lead to claims for the remaining term. Termination for just cause is also possible for fixed-term contracts.
Equal Treatment
Unless there is an essential reason, a fixed-term employee may not be treated differently from a comparable indefinite-term employee merely because the contract is fixed-term; see Equal Treatment Principle.
Frequently Asked Questions
Can a fixed-term employment contract always be used?
No. A fixed-term contract may only be concluded based on objective conditions such as fixed-term work, completion of a specific job or the occurrence of a specific event. If these conditions are absent, the contract is deemed indefinite.
What happens if we end a fixed-term contract early?
Early termination without just cause may lead the other party to claim damages for the remaining term. The Court of Cassation accepts deducting what the employee earned from other work during that period.
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