The employer cannot differently treat a part-time worker against a full-time worker, and a fixed-term worker against an indefinite-term worker, unless there are fundamental reasons.
Employment contracts with a duration of one year or more must be made in writing . These documents are exempt from stamp tax and all kinds of dues and fees.
In cases where a written contract is not made, the employer is obliged to provide a document that showing the general and special working conditions, daily or weekly working time, basic wage and wage supplements, wage payment period, the duration of the contract if the duration is certain, and the provisions that the parties must comply with in case of termination. The provision of this clause is not applicable for fixed-term employment contracts whose duration does not exceed one month. If the employment contract expires before the end of two months, this information must be given in writing to the employee at the latest on the termination date.
The contract is deemed to be for an indefinite period, if the business relationship is not based on a period. A written employment contract between the employer and the employee in fixed-term jobs or depending on objective conditions such as the completion of a certain job or the emergence of a certain fact is a fixed-term employment contract. A fixed-term employment contract cannot be concluded more than once in a row (chain) unless there is a substantial reason. Otherwise, the employment contract is considered indefinite from the beginning. Chain contracts based on fundamental cause maintain the feature of being definite duration.
Unless there is a reason justifying the discrimination, the worker employed on a fixed-term employment contract cannot be subjected to a different treatment than the peer worker employed on an indefinite-term employment contract, just because the employment contract is temporary. Divisible benefits regarding the wage and money to be paid to an employee working on a fixed-term employment contract are given in proportion to the time the employee works. When the seniority in the same workplace or enterprise is sought in order to benefit from any working condition, the seniority taken as a basis for the peer worker working with an indefinite term employment contract is applied unless there is a reason justifying the application of different seniority for the employee working on a fixed-term employment contract. A equivalent worker is a worker employed in the same or similar job on an indefinite term employment contract. If there is no such worker in the workplace, the employee who is employed with an indefinite duration employment contract in a workplace suitable for the conditions in that line of business undertakes the same or similar work.
If the normal weekly working time of the worker is determined significantly less than the equivalent worker working on a full-time employment contract, the contract is a part-time employment contract. Unless there is a reason justifying the discrimination, a worker employed on a part-time contract cannot be subjected to a different treatment than a full-time equivalent worker because the employment contract is only part-time. The divisible benefits of the part-time worker regarding wages and money are paid in proportion to the period of employment compared to the full-time equivalent worker.
A equivalent worker is a full-time worker in the same or similar job at the workplace. If there is no such worker in the workplace, the employee who is employed on a full-term employment contract undertaking the same or similar work in the workplace in accordance with the conditions is taken as basis. When there is an open place suitable for the qualifications of the workers employed in the workplace, the employer takes into consideration the requests of the workers to be transferred from partial to full time or from full time to partial time, and the vacancies are announced on time.
The employment relationship in which it is decided to fulfill the act of working in case of need for the work undertaken by the employee with a written contract, is a part-term employment contract based on on-call work. If the parties do not determine how long the worker will work in a time frame such as a week, month or year, the weekly working period is deemed to have been agreed upon for twenty hours. Whether or not the worker is employed for the period determined for on-call employment, he / she is entitled to wages. The employer, who has the right to request the employee to fulfill his obligation to work, must make this call at least four days before the employee's time to work, unless otherwise agreed.
The worker is obliged to fulfill the act of working upon a call appropriate to the time. If the daily working time is not agreed in the contract, the employer has to employ the worker for at least four consecutive hours in each call.
When a probation period record is placed in the employment contract by the parties, the duration of this may be up to two months. However, the probation period may be extended up to four months with collective bargaining agreements. During the probation period, the parties may terminate the employment contract without the need for a notification period and without compensation. Wages and other rights of the workers for the days worked reserved.
The situation must be notified to the other party before termination of indefinite term employment contracts.
Employment contracts;
a) Two weeks after the notification of the other party, for the worker who has worked less than six months,
b) Four weeks after the notification of the other party, for the worker who has worked between six months and one and a half years,
c) Six weeks after the notification is made to the other party, for the worker who has worked from one and a half to three years,
d) For workers whose work lasted more than three years, eight weeks after the notification is made, it is deemed to have been terminated.
These periods are minimum and may be increased by contracts. The party that does not comply with the notification requirement has to pay compensation in the amount of the fee for the notification period.
The employer may terminate the employment contract by giving the fee for the notification period in advance.
In cases where the right of termination is terminated by abuse, the employee is compensated three times the notice period.
Failure to comply with the notification requirement for termination also requires the payment of compensation in accordance with the fourth paragraph.
In workplaces employing thirty or more workers, the employer terminating the employment contract of an employee with at least six months' seniority must rely on a valid reason arising from the employee's competence or behavior or the requirements of the enterprise, workplace or job.
Seniority is not required for workers working in underground jobs. Periods in article 66 of this Law are taken into account in the calculation of six-month seniority.
In particular, the following points do not constitute a valid reason for termination:
a) Union membership or participating in activities outside working hours or during working hours with the consent of the employer.
b) To act as a trade representative.
c) Applying to the administrative or judicial authorities against the employer in order to pursue their rights arising from legislation or contract or to fulfill their obligations, or to participate in the process initiated in this regard
d) Race, colour, gender, marital status, family obligations, pregnancy, birth, religion, political opinion and similar reasons.
e) Not coming to work during the periods stipulated in article 74 and when it is prohibited to employ women.
f) Temporary absenteeism due to illness or accident during the waiting period stipulated in sub clause (b) of clause (I) of article 25. The six-month seniority of the employee is calculated by combining the time spent in one or different workplaces of the same employer. If the employer has more than one workplace in the same branch of work, the number of workers employed at the workplace is determined according to the total number of workers employed in these workplaces.
The employer must make a written notice of termination and clearly and precisely state the termination reason.
The indefinite term employment contract of a worker cannot be terminated due to reasons related to the behavior or productivity of that worker without his / her defense against the allegations.
The employee whose employment contract is terminated has to apply to the mediator in accordance with the provisions of the Labor Courts Law, with a request for reinstatement within one month from the date of notification of termination, claiming that the reason is not shown in the termination notice or the reason shown is not a valid reason. In the event that no agreement may be reached at the end of the mediation activity, a lawsuit may be filed at the labor court within two weeks from the date of the final report. If the parties agree, the dispute may be taken to a special arbitrator instead of the labor court in the same time. In case the case is dismissed due to filing a lawsuit directly without applying to the mediator, the decision of refusal is notified to the parties ex officio. An application may be made to the mediator within two weeks from the ex officio notification of the finalized refusal decision. The burden of proving that the termination was based on a valid reson shall rest on the employer. If the employee claims that the termination is based on another reason, he is obliged to prove this claim.
When a valid reason is not shown by the employer or the court or special arbitrator determines that the reason shown is not valid and the termination is decided to be invalid, the employer has to start the employee within one month. If the employer does not start the employee within one month upon his application, he shall be obliged to pay compensation to the worker in the amount of minimum four months and maximum eight months' wages.
When the court or special arbitrator decides that the termination is invalid, it also determines the amount of compensation to be paid in case the worker is not started.
For the period of non-employment until the finalization of the decision, the employee is paid a maximum of four months of wage and other rights.
If the worker is recruited, the advance payment for the notice period and severance pay are deducted from the payment to be made in accordance with the provisions of the above paragraph.
If the notification period is not given to the unemployed employee or the wage for the notification period is not paid in advance, the wage amount for these periods is paid separately.
The worker has to apply to the employer to start work within ten working days from the notification of the finalized court or special arbitration decision.
If the employee does not apply within this period, the termination made by the employer is deemed a valid termination and the employer is only responsible for the legal consequences of this. Otherwise contract provisions are invalid.
The employer may only make a substantial change in the working conditions, which are created by the employment contract or the personnel regulation as an annex to the employment contract and similar resources or workplace practice, by notifying the worker in writing. Changes that are not made in accordance with this form and not accepted in writing by the worker within six working days do not bind the worker.
If the employee does not accept the change proposal within this period, the employer may terminate the employment contract by stating in writing that the change is based on a valid reason or that there is another valid reason for the termination, and by complying with the notice period. .
Parties may always change the working conditions of mutual agreement. Changes in working conditions cannot be put into effect retroactively.
The employer must make a written notice of termination and clearly and precisely state the termination reason. The indefinite term employment contract of a worker cannot be terminated due to reasons related to the behavior or productivity of that worker, but the following cases are reserved.
Situations that do not comply with the rules of morality and good faith and the like:
a) If the employee misleads the employer by claiming that he / she does not have the qualifications or conditions required for one of the essential points of this contract at the time of the employment contract, or by saying unrealistic information or words
b) If the worker makes words or acts that will affect the honor and pride of the employer or one of their family members, or makes unfounded denunciations and accusations about the employer.
c) If the employee sexually harassed another employee of the employer.
d) If the employee teases the employer or one of his family members or another employee of the employer, comes to the workplace drunk or on drugs, or uses these substances in the workplace.
e) If the worker behaves that do not comply with honesty and loyalty such as abuse of trust of the employer, stealing, revealing the employer's professional secrets
f) If the employee commits a crime at the workplace, which is punished with imprisonment for more than seven days and whose penalty is not suspended
g) If the employee does not continue to work for two consecutive business days or twice in a month on the next business day after any holiday, or for three business days in a month, without obtaining permission from the employer or for a justifiable reason.
h) If the worker insists on not performing the tasks he / she is tasked with, despite being reminded
ı) If the worker endangers the safety of the work due to his / her own will or negligence, damages and loses the machines, installations or other goods and materials that are owned or not owned by the workplace, but which cannot be paid for the amount of their thirty-day wage.
