Employment Law Series · 1 of 8
The employment contract sets the framework for work, pay and termination. In textile businesses, a sewing operator, quality controller, designer and sales manager may need different provisions. A generic template should be checked against the actual job and mandatory Turkish law.
1. Fixed-term and indefinite contracts
An employment relationship not tied to a duration is indefinite. Under Article 11 of Labour Law No. 4857, fixed-term employment requires objective circumstances, such as work of a definite duration, completion of a particular task or occurrence of a particular event, and a written contract. Merely inserting an expiry date is insufficient.
Successive fixed-term contracts require an essential reason; otherwise the relationship is treated as indefinite from the outset. Genuine renewals based on an essential reason retain their fixed-term character. Classification affects termination rights but does not make all earned wages disappear.
A genuinely temporary replacement or defined collection project may justify examination of a fixed term. A new order, a busy season or work labelled seasonal does not automatically establish an objective reason. The regular nature of production, actual duties and evidence matter. Engaging a sewing operator for continuing production without an objective reason cannot be made validly fixed-term simply by the contract's title.
Indefinite employment ordinarily involves notice rules, subject to immediate-termination grounds and other applicable provisions. Reinstatement protection depends on its statutory conditions and procedure; it does not attach to every employee merely because the contract is indefinite. A genuine fixed term normally expires at its end, but continuation and renewal must be examined.
2. Probation
During a valid probation period either party may terminate without notice or termination compensation under Article 15. Wages for days worked and other accrued rights remain. Probation does not permit uninsured work or unlawful discrimination. If no probation clause was agreed, ordinary rules apply. A termination after the lawful period cannot be treated as probationary merely because a template states a longer period.
3. Working arrangements
Part-time
Part-time employment involves normal weekly hours substantially below those of the comparable full-time employee. Without a justified reason, part-time status alone cannot justify different treatment. Pay and divisible monetary benefits are paid proportionately; this does not mean that every right, including service-based rights, is mechanically reduced in proportion to hours.
On-call
This is a written part-time arrangement under Article 14. If the parties do not set the duration of work for a week, month or year, twenty weekly hours are deemed agreed. Pay for the agreed period is due whether the employee is called to work or not. Unless otherwise agreed, the call must be made at least four days before work. If daily hours are not agreed, each call must provide at least four consecutive hours of work.
Full-time
Full-time employment is determined against normal working hours and the comparable workplace arrangement. The general weekly statutory limit is forty-five hours; a shorter full-time schedule can be agreed. It is misleading to say that every full-time employee must work exactly forty-five hours. Article 12 addresses equal treatment of fixed-term and indefinite employees, rather than defining full-time work.
Temporary employment
Article 7 permits qualifying arrangements through an authorised private employment agency or an assignment within a holding or group of companies. Conditions, consent, permitted grounds, duration and responsibilities differ. A group assignment is not the only statutory form, and temporary employment should not be confused with subcontracting or an unrestricted transfer to any business.
4. Form and essential information
Employment contracts generally have no special form unless law provides otherwise. Article 8 requires writing for contracts lasting one year or longer; fixed-term contracts and on-call work also have their own statutory form provisions. Where no written contract is made, Article 8 requires a written statement of specified conditions within two months, subject to its short-duration and early-termination rules. A written agreement is useful evidence, but is not automatically stronger than all contrary records.
- Parties and workplace: identify the actual employer, employee and workplace clearly.
- Role: specify duties, title and reporting arrangements. Avoid using an undefined textile-worker label for every role.
- Start date: record the real commencement. A paper date does not necessarily override proven earlier service.
- Pay: distinguish gross and net pay, payment date and method; comply with minimum and bank-payment rules where applicable.
- Benefits: explain meals, transport, bonuses and objective eligibility conditions.
- Hours: describe normal hours, shifts and rest within mandatory limits. A clause cannot validate unlawful overtime.
- Leave: preserve statutory minima and state any more favourable terms.
- Termination: distinguish notice, fixed-term expiry and immediate termination. Statutory minimum notice periods cannot be reduced.
5. Role-specific provisions
Confidentiality
Collection plans, client information, prices, costs and suppliers may require protection, but not every item automatically qualifies as a trade secret. Define protected information, permitted use, access and post-employment duties consistently with law. A clause cannot eliminate lawful reporting or mandatory employee rights.
Designs and intellectual property
For designers, pattern specialists and model makers, clarify the work product, rights, use and handover. Industrial Property Law No. 6769 contains default rules on employee designs, notably Articles 73–74, which operate even where a contract is silent. Commissioned work, copyright and inventions may involve different rules. Contractual silence does not mean that every design automatically belongs to the employee.
Post-employment non-competition
Articles 444–447 of the Code of Obligations require more than access to clients or production information. The undertaking must be written, the employee must have legal capacity, and use of the relevant information must be capable of causing substantial harm to the employer. Place, duration and type of work must be appropriately limited so as not to unfairly jeopardise the employee's economic future.
The duration ordinarily cannot exceed two years except in special circumstances. The court can restrict excessive scope or duration. The reason employment ends and the employer's continuing legitimate interest also affect enforceability. A nationwide ban on all textile work should not be assumed valid merely because it was signed.
Before signing
Check that the term matches the actual work, the probation clause is lawful, pay and hours are clear, and role-specific restrictions have a concrete basis. Keep a signed copy and supporting records. Next: working time and overtime.
Sources
Ministry of Labour legislation collection: Labour Law No. 4857, particularly Articles 7–15, 17 and 63. Code of Obligations: Articles 444–447. Industrial Property Law: Articles 73–74.
Reviewed on 27 October 2026. General information about Turkish law. Classification, documents and applicable mandatory rules require individual review; Turkish statutory texts govern.