Contact: Att. Ozen Odev; Erdem & Erdem (Turkey)
In accordance with the definition in Article 11 of Labor Code ("Labor Law") No. 4857, "The contract is considered as indefinite when the dealings are not done in accordance with a specific time. The written employment contract that is held between the employer and the employee is called a 'fixed-term employment contract' when it is based on objective conditions, such as fixed-term work, or the completion of a certain job, or the emergence of a fact." As is seen from the definition, the main objective is to enter into indefinite-term employment relationship. However, due to various objective reasons, it can be also a fixed-term employment relationship.
The Notion of Fixed-Term Employment Contract
An employment contract can be definite or indefinite, and this is based upon whether the expiration time of the contract is determined by the parties or not. In other words, the parties, through determining the expiration date of the contract, can bind the validity of the contract to a certain duration, in order to ensure completion of the contract without the need for notice of termination. In short, fixed-term employment contracts are subject to a term prescribed by the parties, without any notice, and automatically end on the expiration date. This type of contract's expiration date is known by the parties from the outset.
