Employment contracts in Turkey are governed primarily by Labour Law No. 4857 (İş Kanunu). The law gives employers and employees considerable freedom to structure the employment relationship, but that freedom operates within mandatory rules on matters such as working time, wages, equal treatment, termination and certain forms of employment.
For international companies, the terminology can be misleading. A “fixed-term contract”, “part-time contract”, “probationary period”, “remote-working arrangement” and “temporary employment relationship” do not represent interchangeable hiring options. Some describe the duration of employment, some describe the working pattern, and others are special legal mechanisms subject to separate conditions.
The distinction matters because the chosen structure can affect termination rights, notice periods, payroll administration, employee benefits and the enforceability of contractual provisions.
What Is an Employment Contract Under Turkish Law?
Article 8 of Labour Law No. 4857 defines an employment contract as an agreement under which the employee undertakes to perform work dependently and the employer undertakes to pay wages.
The element of dependency is particularly significant. The legal character of a relationship is not determined solely by the title placed on the agreement. Calling someone a “consultant”, “freelancer” or “independent contractor” does not necessarily prevent the relationship from being treated as employment if, in substance, the individual works within the employer’s organisation under its direction and control.
This distinction can have consequences beyond employment law, including social security, payroll and tax obligations.
Article 9 allows the parties, subject to statutory restrictions, to structure employment contracts according to their needs. Contracts may therefore be fixed-term or indefinite-term and may involve full-time, part-time, probationary or other legally recognised working arrangements.
Written Employment Contract Requirements in Turkey
Not every employment relationship is subject to the same form requirement.
As a general rule, Labour Law No. 4857 does not require employment contracts to follow a particular form unless the law specifically provides otherwise. However, Article 8 requires employment contracts with a duration of one year or more to be made in writing.
There are also employment arrangements for which separate provisions impose a written-form requirement. Fixed-term contracts under Article 11 and remote-working arrangements are important examples.
Where no written employment contract has been concluded, Article 8 generally requires the employer to provide the employee, within two months, with a written document stating matters including:
- general and specific working conditions;
- daily or weekly working hours;
- basic salary and any salary supplements;
- the wage payment period;
- the duration of the contract where it is fixed-term; and
- the provisions applicable upon termination.
The requirement does not apply to fixed-term contracts lasting no more than one month. If employment ends before the two-month period expires, the information must generally be provided no later than the termination date.
In practice, international employers preparing employment contracts in Turkey should normally use comprehensive written agreements even where the statutory minimum does not strictly require one. Working hours, variable remuneration, benefits, confidentiality, remote-working arrangements, intellectual property, expenses, company equipment and termination procedures are considerably easier to administer when the agreed terms are documented from the beginning.
Should Employment Contracts Be in Turkish?
Language requires separate consideration.
Law No. 805 on the Mandatory Use of Turkish by Economic Enterprises contains mandatory Turkish-language rules for certain transactions and documents involving Turkish commercial enterprises and also contains specific provisions concerning foreign enterprises in their dealings in Turkey.
Its application is not appropriately reduced to a rule that every employment agreement in Turkey must always be exclusively in Turkish. The relevant parties, the nature of the entity and the circumstances of the transaction matter, and the consequences of non-compliance have also been the subject of judicial interpretation.
For multinational organisations, a Turkish-English bilingual employment agreement is therefore a common practical approach, particularly where the employee, foreign headquarters and Turkish payroll or HR teams all need to work from the document. Bilingual drafting is a practical solution, not a general statutory requirement in itself.
For material contracts, the application of Law No. 805 should be assessed in light of the parties and circumstances rather than assuming that an English-only global template can automatically be used in Turkey.
Indefinite-Term Employment Contracts in Turkey
Where an employment relationship is not made for a defined period, it is considered an indefinite-term employment contract (belirsiz süreli iş sözleşmesi) under Article 11.
For ongoing positions, this is the normal employment structure.
An indefinite-term contract does not mean that the employee is guaranteed permanent employment. Either party may terminate the relationship subject to the applicable statutory and contractual rules.
For ordinary termination of an indefinite-term contract, Article 17 provides statutory notice periods based on length of service:
| Employee’s length of service | Minimum notice period |
|---|---|
| Less than 6 months | 2 weeks |
| 6 months to 1.5 years | 4 weeks |
| 1.5 years to 3 years | 6 weeks |
| More than 3 years | 8 weeks |
These are statutory minimum periods and may be increased by agreement. The legal consequences of termination can also include severance pay and, where the statutory conditions are satisfied, employment-protection rules governing valid termination and reinstatement claims.
For international employers building a continuing Turkish team, an indefinite-term agreement will therefore usually be the natural starting point unless there is a genuine legal and operational basis for using a fixed-term structure.
Fixed-Term Employment Contracts in Turkey
When drafting fixed-term employment contracts in Turkey, agreeing on an expiry date alone is not sufficient.
Under Article 11, a fixed-term contract is a written employment contract based on an objective condition, such as:
- the work itself being of a fixed duration;
- completion of a particular project or task; or
- the occurrence of a specified objective event.
The existence of a date in the contract is therefore not, by itself, sufficient to establish that the employment is legally fixed-term.
Successive Fixed-Term Contracts
Turkish law does not provide a general rule permitting one unrestricted renewal of a fixed-term employment contract.
Article 11 instead provides that fixed-term contracts may not be concluded successively without an essential reason (esaslı neden). If successive contracts are used without such justification, the relationship is treated as indefinite-term from the beginning.
Where an essential reason genuinely exists, successive fixed-term contracts can retain their fixed-term character. The Ministry of Labour’s current guidance reflects the same distinction.
The correct question is therefore not simply how many times the contract has been renewed. Employers should be able to identify and document the objective basis supporting the fixed-term structure and any subsequent renewal.
Equal Treatment of Fixed-Term Employees
Article 12 prevents an employee from being treated less favourably solely because the employee works under a fixed-term rather than indefinite-term contract, unless there is a justified reason for the distinction.
Divisible monetary benefits linked to a particular period must generally be provided proportionately according to the employee’s period of employment.
What Happens When the Term Expires?
A valid fixed-term employment contract ordinarily ends when the agreed term expires or the objective event defining the term occurs. The notice mechanism under Article 17, which applies to indefinite-term employment contracts, does not ordinarily apply to expiry of a valid fixed-term contract. Ministry materials likewise distinguish expiry of a valid fixed-term contract from termination of an indefinite-term relationship.
That does not mean that the expiry of every agreement labelled “fixed-term” automatically eliminates all potential employment-law consequences. The validity of the fixed-term classification must first be established. In addition, accrued employee entitlements, any premature termination of the contract and the particular circumstances of the employment relationship can raise separate issues.
Employers should therefore distinguish between the natural expiry of a legally valid fixed-term contract and the termination of an employment relationship that is, or is treated as, indefinite-term.
Full-Time Employment Contracts in Turkey
Full-time employment describes the employee’s working pattern rather than whether the contract is fixed or indefinite.
Under the Working Time Regulation issued under Labour Law No. 4857, the general maximum normal working time is 45 hours per week. Unless otherwise agreed, this is distributed across the working days subject to the statutory working-time rules. Daily working time may not exceed 11 hours.
A company may contract for a shorter normal working week—for example, 40 hours—without turning the relationship into part-time employment merely because the statutory maximum is 45 hours.
Working hours should therefore be aligned with the company’s actual operating model rather than copied automatically from a global employment template.
Part-Time Employment Contracts in Turkey
Article 13 defines part-time employment by comparison with an equivalent full-time employee.
A contract is part-time where the employee’s normal weekly working time is significantly shorter than that of an equivalent full-time employee.
The Working Time Regulation gives this concept a more concrete threshold: work performed up to two-thirds of the equivalent full-time working time is treated as part-time work. Current Ministry guidance uses the same formulation.
For example, where equivalent full-time employment is 45 hours per week, work of up to 30 hours per week falls within this regulatory definition.
Part-time employees cannot generally be treated differently solely because they work part-time unless there is a justified reason. Divisible monetary benefits are normally provided proportionately to working time.
A part-time contract can also be either fixed-term or indefinite-term. These classifications address different aspects of the employment relationship.
Probationary Periods in Turkish Employment Contracts
A probationary period is not a separate category of employment contract. It is a probation clause incorporated into an employment agreement.
Under Article 15, the probation period may normally be agreed for a maximum of two months. A collective bargaining agreement may extend this period to a maximum of four months.
During the valid probation period, either party may terminate the employment without observing a notice period and without notice compensation.
This does not mean that employment during probation is unpaid or outside the employment-law system. The employee remains entitled to wages and other accrued rights for the period actually worked.
For international employers, this distinction matters because global policies sometimes treat probation as if the employee does not acquire normal employment status until the probation period has been completed. That is not how the Turkish system operates.
Remote and Hybrid Employment Contracts in Turkey
Remote work is regulated separately under Labour Law No. 4857 and the Remote Working Regulation.
The Regulation describes remote working as work performed at home or outside the workplace through technological communication tools within the employer’s work organisation. Remote-working agreements are required to be in writing and must address matters including the nature and method of the work, working time and place, remuneration, equipment supplied by the employer, protection of that equipment, communication arrangements and general and specific working conditions.
Remote work is therefore better understood as a working arrangement within the employment relationship, rather than as a separate employment-contract category comparable to fixed-term or indefinite-term employment.
An employment relationship can be established as remote work from the outset, or an existing workplace-based relationship can be converted to remote work by agreement.
Occasional or ad hoc work from home should not automatically be treated as creating an entirely separate category of remote employment. For regular remote or structured hybrid arrangements, however, employers should assess whether the statutory remote-working framework applies and ensure that the written employment documentation accurately reflects how and where the employee works.
Changing Employment Terms After Hiring
Signing the employment contract is not the end of the analysis.
Article 22 regulates material changes to working conditions. Where an employer seeks to make a material change to conditions arising from the employment agreement, personnel regulations, similar sources or established workplace practice, the employer must notify the employee in writing.
A change made through this process generally does not bind the employee unless the employee accepts it in writing within six working days. Changes cannot be implemented retroactively.
This provision is particularly relevant to changes involving matters such as salary structure, benefits, duties, working location and working arrangements.
It also means that an employment contract should not be viewed in isolation. Repeated employer practices can themselves become relevant to the employee’s working conditions.
On-Call Employment
Turkish law also recognises on-call work (çağrı üzerine çalışma) as a form of part-time employment.
Under Article 14, the arrangement must be made in writing. If the parties do not specify how long the employee will work during a particular week, month or year, weekly working time is deemed to be 20 hours.
Unless otherwise agreed, the employer must call the employee at least four days before the employee is required to work. The employee is entitled to remuneration for the agreed on-call period even where the employer does not actually provide work during that period.
This makes on-call employment different from an informal zero-hours arrangement in which the employer assumes that no wage obligation exists unless work is actually assigned.
Temporary Employment Relationships
“Temporary employment” has a specific legal meaning under Article 7 of Labour Law No. 4857 and should not be confused with an ordinary short fixed-term contract.
Article 7 regulates statutory temporary employment relationships (geçici iş ilişkisi). These may arise through the mechanisms and under the conditions specified by law, including temporary worker supply through an appropriately authorised private employment agency and certain assignments within a holding company or group of companies.
For private-employment-agency temporary work, the statutory framework is more specific. The private employment agency is the employer of the temporary worker, and the temporary employment arrangement is established through a written employment contract with the worker and a written temporary-worker supply agreement with the user employer. The agency must also have the required authorisation to establish temporary employment relationships.
Article 7 and the Private Employment Agencies Regulation also restrict the circumstances and duration for which this mechanism may be used.
Employer of Record Arrangements
Employer of Record (EOR) is a commercial term commonly used in international employment for an arrangement in which a local entity formally employs an individual while services are provided in connection with another business, often a foreign client.
EOR is not a separate statutory employment-contract category under Turkish Labour Law.
Nor should every arrangement commercially described as EOR automatically be treated as a temporary employment relationship under Article 7 or as temporary worker supply through an İŞKUR-authorised private employment agency.
These are different concepts:
- an EOR arrangement describes a commercial employment model;
- an Article 7 temporary employment relationship is a statutory legal mechanism;
- temporary worker supply through a private employment agency is one regulated form of temporary employment and is subject to specific authorisation and operating requirements.
The legal characterisation of any particular EOR model depends on its actual structure, including which entity is the employer, how work is organised and directed, the contractual relationships between the parties and the practical operation of the arrangement.
The broader regulatory treatment of different EOR models in Turkey requires a separate legal analysis and cannot be resolved merely from the commercial label used by the parties.
For employment-contract purposes, the immediate point is that the employee’s formal employer and the actual employment structure should be clearly identified in the documentation.
Short-Duration Work Is Not the Same as Temporary Employment
The distinction between continuous (sürekli) and discontinuous (süreksiz) work is another area where terminology can cause confusion.
Article 10 defines work that, by its nature, lasts no more than 30 working days as discontinuous work. Work lasting longer is continuous. Certain provisions of the Labour Law do not apply to discontinuous employment, with the corresponding issues instead governed by the Turkish Code of Obligations.
This is not a general mechanism allowing employers to classify any employee hired for fewer than 30 days as a “temporary employee”. The classification depends on the nature of the work itself, not merely on the duration written into the agreement.
Collective Bargaining Agreements
Collective bargaining agreements are governed principally by Law No. 6356 on Trade Unions and Collective Bargaining Agreements, rather than being another form of individual employment contract.
They may regulate matters affecting individual employment relationships, and individual contract terms generally cannot derogate from an applicable collective bargaining agreement to the employee’s detriment.
Collective bargaining agreements are generally concluded for at least one and no more than three years, subject to the statutory exception for activities lasting less than one year.
Where a collective bargaining agreement applies, individual employment contracts should therefore be drafted and administered consistently with it.
Foreign Employees and Employment Contracts in Turkey
Nationality does not create a separate category of employment contract, but employing a foreign national introduces an additional regulatory layer.
Under Law No. 6735 on International Labour Force, a foreign national who falls within the legislation must generally obtain a work permit or work-permit exemption before working in Turkey.
A standard dependent work permit is linked to a specific employer, workplace and job. At the initial application stage, it may generally be granted for up to one year without exceeding the duration of the employment or service contract. Current Ministry guidance confirms this structure.
Foreign-worker hiring should therefore be coordinated across the employment contract, work-permit application and payroll/social-security registration rather than treating immigration as a separate process after the employee has already started work.
The Ministry also applies employment, financial and salary criteria to many work-permit applications, with sector- and applicant-specific rules and exemptions. These criteria can change independently of the Labour Law itself.
Can a Non-Resident Employer Hire an Employee in Turkey?
A non-resident employer without a workplace or local employing entity in Turkey may enter into an employment contract with an individual working from Turkey. The absence of a Turkish subsidiary or workplace does not, by itself, prevent the parties from establishing an employment relationship.
The more important question is how the resulting employment, social-security and tax obligations apply to a Turkey-based employee where the employer is established abroad and has no workplace in Turkey. These consequences should be assessed separately from the validity of the employment contract itself.
Depending on the circumstances, the employer may maintain a direct employment relationship while addressing the applicable local compliance requirements, establish a local presence, or consider an EOR or another appropriate employment structure.
The key distinction is therefore between the ability of a non-resident employer to hire an employee in Turkey and the local compliance consequences arising from that employment relationship. A Turkish subsidiary or EOR is not automatically a prerequisite for entering into the employment contract.
Salary in Turkish Employment Contracts
Employment contracts in Turkey should clearly establish the employee’s salary and payment structure, but contractual drafting does not replace Turkish payroll requirements.
Under Article 32 of the Labour Law, wages must generally be paid at least monthly.
Particular care is required where salary is to be denominated in a foreign currency or indexed to foreign currency. Turkey’s foreign-exchange legislation restricts certain foreign-currency-denominated employment contracts between persons resident in Turkey, subject to a number of statutory exceptions under Decree No. 32 and Communiqué No. 2008-32/34.
One exception applies where a Turkey-resident individual who is not a Turkish citizen is a party to the employment contract. However, employee nationality is not the only relevant test.
Under Article 8(19) of Communiqué No. 2008-32/34, foreign-currency or foreign-currency-indexed employment contracts may also be permitted where the employer falls within specified foreign-owned or foreign-controlled structures. The provision covers, among others, the Turkey-based branches, representative offices, offices and liaison offices of persons resident abroad, as well as Turkish companies in which persons resident abroad directly or indirectly hold at least 50% ownership, or over which such persons have common control and/or control. The exception also extends, within the scope specified in the Communiqué, to companies operating in free zones. In these cases, the relevant entity must be acting as the employer in relation to the employment contract.
The Ministry of Treasury and Finance explains that “control” for this purpose is not limited to a 50% shareholding. It may also arise, for example, through majority voting rights, privileged shares or the power to appoint or remove the decision-making majority of the board.
This means that a foreign-owned Turkish company may, where Article 8(19) applies, agree salary in foreign currency even with a Turkish-citizen employee. The analysis therefore depends not only on the employee’s nationality, but also on the ownership and control structure of the employer and the precise conditions of the applicable exception.
International employers should therefore assess the proposed salary arrangement under the current foreign-exchange rules before assuming either that foreign-currency salaries are prohibited or that they are automatically permitted.
Article 37 of the Labour Law separately requires the employer to provide a wage statement showing the payment date and period together with relevant additions and deductions.
This is why employment-contract drafting and payroll design should be considered together. A compensation structure that is straightforward in a global offer letter may require adjustment once Turkish employment, foreign-exchange, tax and social-security rules are applied.
Confidentiality and Post-Termination Non-Compete Clauses
Confidentiality provisions are commonly included in Turkish employment agreements, particularly for management, technology, sales and professional-services roles.
Post-employment non-compete obligations require more careful drafting.
Articles 444 and 445 of the Turkish Code of Obligations permit a written non-compete undertaking where the statutory conditions are met, including access to the employer’s customer base, production secrets or information about the employer’s business that could cause significant harm if used.
Restrictions must be appropriately limited in terms of place, time and type of activity and cannot unfairly endanger the employee’s economic future. Except in special circumstances, the restriction may not exceed two years.
A broad clause copied directly from a global template should therefore not automatically be assumed enforceable in Turkey.
Employment Contracts and Personal Data
Employment relationships involve extensive processing of personal data, including identification information, bank details, payroll records, leave information and, in some cases, special categories of personal data.
These activities can fall within Personal Data Protection Law No. 6698 (KVKK).
Employment-contract drafting should therefore be coordinated with the employer’s employee privacy documentation and actual HR data-processing practices. A general consent clause in an employment agreement is not, by itself, a substitute for identifying the appropriate legal basis for processing or satisfying applicable transparency and data-security requirements.
What Should an Employment Contract in Turkey Cover?
There is no universal employment template suitable for every Turkish operation. The appropriate provisions depend on the employee’s role and the business model.
A well-structured agreement will normally address the parties, position and duties, commencement date, contract duration, workplace or remote-working arrangement, normal working hours, salary and payment date, benefits, overtime arrangements where relevant, annual leave, confidentiality, company equipment, intellectual property where relevant, data-protection matters, probation where agreed, internal policies and termination.
Additional provisions may be needed for commission arrangements, bonuses, company cars, expense reimbursement, international assignments, remote work, senior management responsibilities or post-termination restrictions.
The contract should also match the company’s actual payroll and HR practices. Contract language that is routinely ignored in practice can create rather than reduce employment risk.
Practical Approach for International Employers
For international companies preparing employment contracts in Turkey, the contract type should follow the actual employment model.
An ongoing role will normally point toward an indefinite-term contract. A genuine project, temporary objective or identifiable event may support fixed-term employment. Reduced weekly hours may create part-time employment. A probation clause can be added where appropriate. Regular remote work may require remote-working provisions. Statutory temporary employment under Article 7 requires a separate analysis.
The employer itself must also be identified correctly. For foreign companies considering employment contracts in Turkey, signing the contract is only one part of establishing a compliant employment arrangement.
The broader arrangement should then be aligned with payroll, social security, work permits where applicable, benefits, working-time arrangements and termination procedures.
This approach is more reliable than adapting a global employment template by changing only the country name.
Frequently Asked Questions
Can every employee in Turkey be hired on a fixed-term contract?
No. A fixed-term employment relationship under Article 11 must be supported by an objective condition such as fixed-duration work, completion of a particular task or the occurrence of a specified event.
Can a fixed-term contract be renewed once?
There is no general statutory rule permitting one unrestricted renewal. Successive fixed-term contracts require an essential reason. Without one, the employment relationship may be treated as indefinite-term from the beginning.
Does a valid fixed-term contract require notice when it expires?
Ordinarily, no Article 17 notice period is required merely because a valid fixed-term contract reaches its agreed expiry. However, this assumes that the fixed-term classification is legally valid and does not resolve every possible issue concerning accrued rights, premature termination or other compensation claims.
Is a probation period mandatory?
No. A probation period applies only where the parties agree to include one. It is normally limited to two months and may be extended to four months by a collective bargaining agreement.
Is 45 hours always the employee’s working week?
No. Forty-five hours is the general statutory maximum normal weekly working time. Employers can agree on a shorter normal working week.
When is employment considered part-time?
The Labour Law refers to working time that is significantly shorter than that of an equivalent full-time employee. The Working Time Regulation treats work up to two-thirds of equivalent full-time working time as part-time. Where the comparable full-time week is 45 hours, this corresponds to up to 30 hours.
Does occasional home working automatically make an employee a remote worker?
Not necessarily. The Remote Working Regulation addresses structured remote-working arrangements within the employer’s work organisation. Occasional work from home should not automatically be treated as creating a separate contractual category, although regular remote or hybrid working should be documented appropriately where the regulatory framework applies.
Can a Turkish employment contract provide salary in euros or US dollars?
Not in every case. Turkey’s foreign-exchange rules restrict foreign-currency denomination of certain employment contracts between Turkey-resident parties and provide specific exceptions. The nationality and residence status of the employee, where the work is performed and the parties to the contract can therefore matter.
Does a foreign employee need a different employment contract?
The underlying employment-law principles generally remain the same, but foreign employees may also require a work permit or work-permit exemption. The employment terms should be consistent with the work-permit application and subsequent payroll and social-security registration.
Must a foreign company establish a Turkish subsidiary before employing anyone in Turkey?
Not as a universal proposition. The appropriate arrangement depends on how the foreign company intends to operate and which entity or structure will assume the legal employer obligations. Local establishment, another legally appropriate employment structure or an EOR model may be considered depending on the facts.
Is an EOR the same as temporary employment under Article 7?
No. EOR is a commercial term, while Article 7 temporary employment is a specific statutory mechanism. Some third-party employment arrangements may require analysis under Article 7 and the private-employment-agency legislation, but an arrangement should not be classified solely from the fact that it is commercially described as EOR.
Does an employment dispute go directly to court?
For many employment disputes, no. Law No. 7036 requires mandatory mediation before court proceedings for specified employee and employer receivables and compensation claims arising from employment relationships and for reinstatement claims.
Conclusion
Employment contracts in Turkey can combine several legal classifications rather than operating as a simple menu of separate contract types.
An employee may, for example, work under an indefinite-term, part-time employment contract containing a probation clause and remote-working provisions. Each description addresses a different legal aspect of the same relationship.
For employers, the central question is therefore not which contract label is most convenient. The contract should reflect the actual nature and duration of the work, the employee’s working pattern, the identity of the legal employer and the way the employment relationship will operate in practice.
For international companies entering Turkey, employment-contract design should also be coordinated with payroll, social security, work-permit requirements and the intended corporate or third-party employment structure. Signing the contract is one component of the employment arrangement, not the arrangement itself.