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Does any formal requirement exist with respect to the Turkish employment agreement?

There is a legal requirement for contracts to be in writing if they are signed for a definite period, i.e. for contracts that are for one year or more. These contracts are exempt from stamp duty, other duties and fees. If there is no written contract, the employer is obliged to submit to the employee the written document, within two months from the start of the employment at the latest. This subsection shall not apply in the case of fixed term contracts whose duration does not exceed one month. If the employment contract is terminated before the lapse of two months, the employer is obliged to communicate these information to the employee in written form on the termination date at the latest. However, contrary to the Law, if there is no employment contract signed between the employee and the employer, the employee is able to prove his/her employment and employment terms with witness’  statements.


As per Law No. 805 regarding the Compulsory Use of the Turkish Language in Financial Establishments, it is imperative that the transactions and contracts are executed in Turkish as a validity condition in the case that both parties that involved are Turkish legal bodies. Therefore, the employment contacts should be executed in Turkish where such contracts are made by and between employees who are Turkish citizens and legal entities incorporated under the laws of Turkey.


As a general rule, employment contracts are not subject to any special form. However, at least the general and special working conditions, daily or weekly work period, basic salary and salary additions (if any), salary payment period, term of contract (if definite), and the provisions that the parties should observe in case of termination must be indicated.


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