Labor Code articles 11-13 regulate different types of employment contracts. Incorrectly formed contracts may have consequences against the employer.
Fixed-Term Employment Contract (Labor Law Art. 11)
A fixed-term employment contract can only be made if there are objective conditions:
- The nature of the work is for a certain period of time (project, seasonal)
- Completion of a specific job
- Occurrence of a certain phenomenon
Objective If there is no reason, the contract is deemed to be indefinite-term from the beginning.
Renewal Without a Substantial Reason
Concluding a fixed-term contract more than once in a row (chaining) without a fundamental reason turns into a indefinite-term contract.
Part-Time Work (Art. 13)
- Full-time work in the same workplace Working less than 2/3 of the weekly working hours of a regular worker
- Obligation of equal treatment
- Proportional benefit from the same rights
On-Call Work (Art. 14)
Work performed for a definite/indefinite period and where the employer calls the employee when necessary. Written contract is a must.
Supreme Court 22. HD
22. HD adopts that when it is determined that a fixed-term contract is not based on objective conditions, it will be deemed to be indefinite-term from the beginning, and therefore job security provisions will be applied.
Labor law attorney is recommended.