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Business Law and Ethics BLE 101: Prof. Dr. Ufuk AYDIN

The document discusses different types of employment contracts under Turkish labor law, including transitory vs permanent contracts, definite vs indefinite term contracts, part-time vs full-time contracts, remote work contracts, and contracts with a trial period. Key details include requirements for definite term contracts, rules around part-time vs full-time status, and termination rights during a trial period.

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11 views

Business Law and Ethics BLE 101: Prof. Dr. Ufuk AYDIN

The document discusses different types of employment contracts under Turkish labor law, including transitory vs permanent contracts, definite vs indefinite term contracts, part-time vs full-time contracts, remote work contracts, and contracts with a trial period. Key details include requirements for definite term contracts, rules around part-time vs full-time status, and termination rights during a trial period.

Uploaded by

nacexod371
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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BUSINESS LAW AND ETHICS

BLE 101

Prof. Dr. Ufuk AYDIN

Fifth week:
Types of Contract of Employment
Transitory and Permanent CE
(Sürekli-Süreksiz İS)
 Transitory CE: If the duration of the work, which is the subject of the CE is, by its very
nature, only up to 30 working days, then the contract of employment is considered as
transitory. The duration of work is important in such CE’s. For example, if the duration of
the work is objectively 25 days but both parties consider the duration of the work is 35
days, the CE is still Transitory.
 Permanent CE: If the duration of work is objectively determined as longer than 30
workdays, then the contract of employment is regarded as Permanent CE.
 Some of the articles which are not suitable for transitory Works, can not be applied to
Transitory CEs according to LC.
CE with Definite and Indefinite Term
 CE with an Indefinite Term: It is a contract where the employment relationship is not based
on a fixed term. This kind of contracts do not have an end date. Hence, the LC allows both
parties to terminate such a CE upon notice, provided that they comply with the notice
period.
 CE with a Definite Term: It is a contract which has a specified term or which is based on
objective conditions such as the completion of a certain work or the emergence of a certain
event. This contract is also named as Fixed Term Employment Contract.
 In this contract the duration of the work is known or possible to know or foreseeable.
 Employees working under a fixed term contract are not considered in the scope of
employment security. So these employees will not be able to file a re-employment lawsuit.
Legal Requirements for the CE with a
Definite Period
 In order to conclude a fixed term contract one of the objective criteria stated below must be
present.
 A work with a definite duration; the duration of work is deemed to be definite when it is known or
is possible to know or is foreseeable.
 The completion of a certain work; it is not a continious work, the CE will end when the work is
completed.
 Emergence of a certain event: This event can be sth that is not regarded as a normal activity for
the workplace or sth that is unusual for the ongoing activities.
 Apart from these conditions, the LC requires the contract to be in writing.
 If the parties conclude definite term contracts consecutively without any objective criteria,
the contracts will be considered as indefinite term contract from the beginning.
CEs with Minimum and Maximum Term.

 Minimum Term CE: Parties to the employment contract may set a minimum term such as 2
years or include a clause which determines a date for minimum duration of the contract. In
such contracts, parties are not able to use their right to terminate the contract with a notice
during the designated minimum term.
 Maximum Term CE: Parties may conclude a CE with a maximum term. In such contracts,
the CE shall be terminated per se at the end of the maximum term. In other words, CE with
maximum term and CE with fixed term are similar regarding the termination of the
contract.
Part time – Full time CEs
 Full Time CEs: If the parties do not designate a weekly working time in the ECs, then the
weekly working time the employee is obliged to work shall be regarded as 45 hours most.
This is regarded as the full time CE.
 Part Time CEs: A part time CE is a contract where normal weekly working hours of
employee are considerably shorter than those of a comparable employee who works under
a full time CE.
 «considerably shorter than those of a comparable employee» means working up to 2/3 of the full
time employee. Means not more than 30 hours a week.
Work on call
 Work on call is a part time work where the employee accepts to work when the employer
makes a call for work in case of need.
 If the parties do not specify how long the employee will work in a wek, the weekly
working time is considered to be 20 hours whether the employee works or not.
Remote work contract
 Remote work is an employment relationship where the employee is performing its duty to
work at home within the work organization created by the employer or outside of the
workplace with technological communication tools.
 This contract has to be concluded in written form.
 There are two types of remote work contracts;
 Work at home
 Telework
CE with a trial period
 The parties to a contract may need a trial period before they become bound by the contract.
 During this trial period the parties can observe and assess each other (skills, personality,
knowledge, working conditions etc)
 The trial period can not exceed 2 months and may be extended by a CBA for up to 4
months.
 The parties may terminate the contract without giving a notice period to the other side.
 When a party terminates a CE in the trial period he does not need to give a notice and pay
a compensation to the other side.

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