This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at İşe Girerken: Sözleşme, Deneme Süresi ve Belgeler.
The three clauses most often overlooked when an employment contract is signed are the type of contract, the probationary period and the non-compete covenant. A probationary period may not as a rule exceed two months (four under a collective agreement), and within it either side may terminate without notice — but wages for the days worked are payable in every case.
The contract put in front of you on starting a new job is usually signed unread. Yet a few of its clauses can surface years later.
Which Type of Contract?
The indefinite-term contract is the norm and favours the employee: job security, notice periods and severance pay all attach to it.
The fixed-term contract is limited. Article 11 defines it as one made for work of a fixed duration, or dependent on objective conditions such as the completion of a defined piece of work or the occurrence of a defined event.
The same article provides that a fixed-term contract may not be made successively more than once without a substantial reason. Otherwise the contract is treated as indefinite from the outset.
That is a strong protection: fixed-term contracts renewed every year are treated as indefinite where there is no substantial reason, and the rights that depend on service arise.
Article 12 adds a prohibition on discrimination: an employee on a fixed-term contract may not be treated differently from a comparable employee on an indefinite-term contract merely because the contract is fixed-term, unless there is a reason justifying it.
How Long Can the Probationary Period Be?
Article 15: where a probation clause is included, its length may be at most two months — extendable to four months by a collective agreement.
During probation either side may terminate without notice and without compensation.
But an important rule applies: the employee's wages and other entitlements for the days worked are preserved.
An employee dismissed during probation therefore receives pay for the days worked, any overtime, and their other entitlements.
Probation also counts towards length of service: if the contract continues, the probationary period is included in the service.
Any part of a probationary period beyond two months (or four under a collective agreement) is invalid, and a termination after that falls under the ordinary rules.
Which Clauses Need Attention
- Wages. Net or gross? Are benefits (transport, meals, bonuses) recorded in writing? Severance pay will later be calculated on this figure.
- A clause that overtime is included in the monthly wage. Such a clause is valid but covers only 270 hours a year; anything beyond that is paid separately.
- Penalty clauses. In employment contracts these are subject in settled practice to the principle of mutuality: a penalty imposed on the employee alone is invalid. The court also reduces an excessive penalty.
- Non-compete covenants. Valid only for employees with access to the customer base or production secrets whose use could cause the employer substantial harm, and for no more than two years.
- A power to change duties or location. Such a clause does not entirely displace the protection against material changes under Article 22; the power must be exercised in accordance with good faith.
- Repayment of training costs. Repayment of training paid for by the employer may be agreed if the employee leaves before a defined period — but the period and the amount must be reasonable.
| Clause | The rule |
|---|---|
| Type of contract | Fixed-term only on objective conditions; successive terms make it indefinite |
| Probationary period | At most 2 months; 4 under a collective agreement |
| Termination during probation | Without notice, but wages for days worked are payable |
| Overtime included in the wage | Valid for at most 270 hours a year |
| Penalty clause | Must be mutual; the court reduces an excessive penalty |
| Non-compete covenant | At most 2 years, with defined limits of place and subject matter |
| Training cost repayment | Valid where the period and amount are reasonable |
Probation counts towards length of service where the contract continues.
The Documents You Should Have
What the employer must provide, and what you should keep:
- A copy of the written contract, signed by both sides. Where there is no written contract for an employment of a year or more, the employer must give the employee a written document setting out the terms.
- The employment declaration submitted to the social security institution, and confirmation that you are registered from the first day.
- Payslips, showing the gross wage, the deductions and the net figure.
- Records of leave taken, signed.
- On leaving, a certificate of employment stating the nature of the work and its duration — which the employer must provide on request.
Check your registration from the first day through your own social security record rather than relying on assurances; a late or missing registration is what later forces an action to establish insured employment.
The single most valuable thing you can do in the first week is to look at your own social security record and confirm you were registered from the first day, at the real wage. Everything else — severance, notice, unemployment benefit, retirement — is calculated from that record.
Frequently Asked Questions
How long can a probationary period be?
At most two months, or four under a collective agreement. Either side may terminate within it without notice, but wages for the days worked are still payable.
Does probation count towards my service?
Yes, where the contract continues, the probationary period is included in length of service.
Can my contract be fixed-term?
Only on objective conditions such as work of a fixed duration. Successive fixed-term contracts without a substantial reason make the contract indefinite from the outset.
Is a clause saying overtime is included in my wage valid?
Yes, but only for up to 270 hours a year. Anything beyond that must be paid separately.
What documents should I have?
A signed copy of the contract, confirmation of registration with the social security institution from the first day, payslips, signed leave records, and on leaving a certificate of employment.