The employment contract is where a foreign employer’s exposure in Türkiye is either contained or created. Turkish employment law is built on Labour Act No. 4857 (İş Kanunu), a protective statute that sets a floor of rights no contract can lower, and it reads ambiguities against the employer. Staff who fall outside the Act’s scope, typically senior executives and certain professionals, are governed instead by the Turkish Code of Obligations No. 6098 (TBK). Getting the paperwork right at the start is far cheaper than repairing it in a reinstatement or severance dispute years later.
We draft and review contracts, handbooks and policies for employers building or running a workforce in Türkiye, and we tell you where the standard Western template quietly breaks Turkish rules. This service sits alongside our wider labour and employment practice and our guidance on termination and severance; for the full picture, see our pillar guide to employing staff in Türkiye.
Choosing the Right Contract Type
The indefinite-term contract (belirsiz süreli iş sözleşmesi) is the legal default. A fixed-term contract (belirli süreli iş sözleşmesi) is valid only where there is an objective reason (esaslı neden) for the fixed duration, such as a defined project, seasonal demand or covering a named absence. This is the single most common structuring mistake foreign employers make: fixed terms are treated as a convenient way to avoid job security, when in fact repeated renewals without a fresh objective reason convert the relationship into an indefinite-term one by operation of law, handing the employee full termination protection.
| Contract type | When it fits | Key condition |
|---|---|---|
| Indefinite-term | The default for ongoing roles | None; standard structure |
| Fixed-term | Project, seasonal or cover work | Genuine objective reason; writing if ≥ 1 year |
| Part-time / on-call | Irregular or reduced hours | Pro-rated rights; clear scheduling terms |
| Remote work | Off-site or hybrid roles | Written terms under the 2021 Remote Working Regulation |
Written form is mandatory for fixed-term contracts of one year or more and for certain clauses. Even where an oral contract would technically stand, we insist on writing, because the burden of proving what was agreed almost always falls on the employer.
A signed contract is not a formality to file away. In a Turkish labour dispute it is the employer’s primary evidence, and a vague or incomplete contract is read against the party that drafted it. Every material term the employer wants to rely on later has to be on the page now.
Probation, Working Time and Leave
The probation period (deneme süresi) may run for up to two months, extendable to four only by a collective bargaining agreement, and must be stated in the contract to take effect. During probation either side may terminate without notice or severance. The contract and handbook also have to respect the statutory working-time framework: the legal maximum is 45 hours per week, work above that is overtime (fazla çalışma) paid at 1.5 times the hourly wage (or 1.5 hours of time off per overtime hour), capped at 270 hours a year and requiring the worker’s consent. Annual paid leave (yıllık ücretli izin) ranges from 14 to 26 working days by length of service. Because minimum-wage levels are revised at least annually by a national commission, our templates reference the statutory mechanism rather than a fixed figure that dates instantly.
The Clauses That Actually Protect You
Boilerplate confidentiality and non-compete wording lifted from a foreign template is where enforceability is most often lost. A non-compete clause (rekabet yasağı) under TBK Arts. 444–447 is valid only if the employee had access to the customer base or trade secrets and the restriction is reasonably limited in time (a maximum of two years), place and subject matter. Overbroad clauses are routinely narrowed or struck out. We draft these clauses, together with confidentiality (gizlilik) and IP-assignment terms, to the scope Turkish courts will actually uphold, and we coordinate them with any data-protection obligations the role involves.
Handbooks and Workplace Policies
A contract governs one relationship; a handbook governs the workplace. We build handbooks and standalone policies that document overtime consent, leave, the disciplinary and grievance procedure, equal treatment and anti-harassment, remote-work arrangements and the employer’s duties under Occupational Health and Safety Law No. 6331. The value is practical: when a dispute arrives, a well-drafted policy is what lets the employer show that a rule existed, was communicated, and was applied through a fair procedure, the difference between a defensible dismissal and an expensive one. For companies still setting up, we sequence this alongside company formation so the workforce is on compliant paper from the first hire.
How we build your employment paperwork
- 01
Map the roles and the risk
We identify which staff fall under Labour Act No. 4857 and which under the Code of Obligations No. 6098, and where job security, fixed terms or remote work create exposure.
- 02
Draft the contract
We prepare an indefinite- or fixed-term contract with the mandatory particulars, probation, working time, wage, benefits, notice and termination terms tailored to the role.
- 03
Add the protective clauses
We draft confidentiality, IP-assignment and non-compete clauses scoped to survive judicial review, plus remote-work terms under the 2021 Remote Working Regulation.
- 04
Build the handbook and policies
We assemble a workplace handbook, disciplinary procedure, overtime-consent and leave policies that align with the contracts and the statutory floor.
- 05
Review and keep it current
We audit existing paperwork, repair void or overbroad clauses, and refresh templates as the law and your headcount change.
Frequently asked questions
Can we use fixed-term contracts for our staff in Türkiye?
Only where there is a genuine objective reason for a fixed duration, such as a defined project, seasonal work or covering a specific absence. Indefinite-term is the default under Labour Act No. 4857. Renewing a fixed-term contract repeatedly without a fresh objective reason converts the relationship into an indefinite-term one by operation of law, and the employee acquires full termination protection. Written form is required for fixed-term contracts of one year or more.
Is a written employment contract mandatory in Türkiye?
Writing is strictly required for fixed-term contracts lasting one year or more and for certain clauses, such as probation and non-compete. Even where an oral contract is technically valid, we always recommend a written one, because the burden of proving terms in a dispute generally falls on the employer. A clear written contract with mandatory particulars is the cheapest insurance an employer can buy.
How long can a probation period last?
The probation period (deneme süresi) may last up to two months, extendable to four months only by a collective bargaining agreement. It must be stated in the contract to be valid. During probation either side may terminate without notice or severance, but wages and accrued entitlements for the period actually worked remain payable.
Are non-compete clauses enforceable against employees?
They can be, but only within strict limits under the Turkish Code of Obligations No. 6098 (Arts. 444–447). The clause is valid only if the employee had access to the customer base or trade secrets and the restriction is reasonably limited in duration (a maximum of two years), geography and subject matter. Turkish courts routinely narrow or strike out clauses that reach further than the legitimate business interest requires.
Do we need a separate policy for remote workers?
Yes. Remote work is regulated by the 2021 Remote Working Regulation, and the arrangement should be documented in writing, covering the place of work, working hours, equipment and expenses, data protection and communication. Remote employees keep the full protection of Labour Act No. 4857, so the remote-work terms sit alongside, not instead of, the standard contract and handbook.
What must a compliant workplace handbook cover?
A handbook should set out working time and the overtime-consent mechanism, annual-leave rules, the disciplinary and grievance procedure, confidentiality and IP obligations, equal-treatment and anti-harassment commitments, and health-and-safety duties under Law No. 6331. None of it may drop below the statutory floor. A well-drafted handbook is what lets an employer later show that a warning was issued, a rule was known, and a dismissal followed a fair procedure.