Terminating a Fixed-Term Employment Contract as an Employee in Turkey
When working in Turkey, it’s crucial for expatriates and local employees alike to understand their rights concerning employment contracts.
Specifically, the concept of “belirli süreli iş sözleşmesinin işçi tarafından feshi” — the termination of a fixed-term employment contract by the employee — is governed by specific rules.
This blog post will delve into key points you need to understand to navigate this aspect of the Turkish legal system successfully.
What is a Fixed-Term Employment Contract?
In Turkey, a fixed-term employment contract is a legal agreement between an employer and an employee that lasts for a specific period.
These contracts are typically used for seasonal work, project-based jobs, or to replace an employee on leave.
As per the Turkish Labor Law, these fixed-term contracts cannot arbitrarily be terminated before the contract’s expiration date without just cause, which protects both employers and employees.
Employee’s Right to Terminate
Even though fixed-term contracts are meant to last until a specified end date, circumstances may arise where you, as an employee, wish to terminate the contract prematurely.
It’s important to note that while you have the right to end the contract, doing so without just cause may lead to various consequences, such as the obligation to pay compensation to the employer.
Just cause might include scenarios such as not receiving payment on time, facing a hostile work environment, or enduring contractual breaches by the employer.
Necessary Steps for Lawful Termination
Before initiating the termination of your contract, it is recommended to consult with a legal professional who understands the intricacies of Turkish employment law.
If you decide to proceed, you must notify your employer in writing within the time frame specified by the law, typically 30 days before ending the contract. This notification should include the reasons for termination to substantiate your actions legally.
Potential Consequences and Liabilities
Terminating a fixed-term contract as an employee can have possible financial repercussions. If you lack just cause or fail to follow proper procedures, you may be held responsible for compensatory damages.
The extent of liability generally includes the remaining salary for the contract term up to six months, according to current regulations.
Therefore, any decision to terminate your contract should be weighed carefully against potential risks and responsibilities.
Final Thoughts
As an employee in Turkey, understanding your rights concerning the termination of a fixed-term employment contract is essential. “Belirli süreli iş sözleşmesinin işçi tarafından feshi” requires careful consideration and adherence to proper protocols to ensure your interests are protected.
Whether you’re facing difficulties in your current position or need legal advice on employment matters, Bayraktar Attorneys stands ready to guide you through the complexities of Turkish employment law. Do not hesitate to reach out to us for personalized assistance.
If you have further questions regarding the intricacies of fixed-term employment contracts in Turkey or any other legal inquiries, please contact Bayraktar Attorneys. We are committed to providing the legal support you need to make informed decisions and protect your employment rights in Turkey.
