Indefinite-Term Employment Contract
Also known as: Permanent Employment Contract, Open-Ended Contract, Contract of Service, Belirsiz Süreli İş Sözleşmesi
Author Ali Gül
In short
An employment contract concluded without a specified term, the norm in Turkish employment law; it may be terminated by observing notice periods and, where conditions are met, the employee enjoys job security.
Under Article 8 of the Labour Law, an employment contract is a contract under which one party (the employee) undertakes to work in a dependent capacity and the other (the employer) to pay wages. Contracts without a specified term are indefinite-term contracts. The indefinite-term contract is the norm in Turkish employment law; a fixed-term contract may only be concluded where objective conditions exist.
Elements
Work, wages and dependency are the three essential elements of an employment contract. The absence of any of them raises the question of whether the relationship is employment or independent work; see Employee or Independent Contractor?
Form and Content
Employment contracts with a term of one year or more must be in writing; indefinite-term contracts are also put in writing in practice for ease of proof. The contract should clearly cover:
- Job description and place of work,
- Wages, bonuses and benefits,
- Working time and overtime consent,
- Any probation period,
- Confidentiality and, where needed, a non-compete obligation,
- Information on processing of personal data.
Working Patterns
An indefinite-term contract may be full-time or take the form of part-time, on-call or remote work.
Termination
An indefinite-term contract ends by termination with notice, immediate termination for just cause, mutual agreement or the employee’s death. Where conditions are met, the employee enjoys job security; the employer’s termination must then be based on a valid reason.
Frequently Asked Questions
Must the employment contract be in writing?
Employment contracts with a term of one year or more must be in writing. Where no written contract is made, the employer must give the employee a written document showing the general and specific working conditions within two months at the latest.
How does an indefinite-term contract end?
Either party may terminate it by observing the notice period, or immediately for just cause; the parties may also end it by agreement. For employees covered by job security, the employer's termination must also be based on a valid reason.
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