Trial Period Work

Probationary Employment | Lawyer in Izmir

What is the trial period?

The probationary period is a time frame during which the employee can observe the working conditions, assess their ability to perform the job, and test whether the job description in the contract aligns with the actual situation. For the employer, this period serves to measure the employee's ability and productivity in performing the assigned tasks. Through the probationary period, the employer forms an opinion on whether the employee can adapt to the job and its characteristics.

What is a probationary period job?

Employment contracts between employees and employers that allow for a decision on whether to continue or terminate the contract after a specific period are called probationary employment contracts.

Law No. 4857 Labor Law |’This is regulated in Article 15 of the Law, and the relevant article of the Law is as follows: "When a probationary period is included in the employment contract by the parties, its duration may be a maximum of two months. However, the probationary period may be extended up to four months by collective bargaining agreements. During the probationary period, the parties may terminate the employment contract without notice and without compensation. The employee's wages and other rights for the days worked are reserved."‘

A probationary period, to be included in the employment contract, is a period during which the employee observes the working conditions, assesses the suitability of the work undertaken in the contract to the specific situation, and understands their ability to perform the job; and the employer evaluates the employee's ability and efficiency in performing the work under the contract. The Supreme Court of Turkey holds that, since an employment contract establishes a continuous debt relationship based on mutual trust between the parties, the employer has a protected interest in allowing the employee to be tested for a certain period to learn about their professional knowledge and skills, their work style, their adaptation to the workplace, and their behavior.

What are the terms and conditions of a probationary period job?

• 1. Even during the probationary period, the worker must be insured.
• 2. The probationary period must be clearly stated in the employment contract.
• 3. If an employment relationship is not established at the end of the probationary period, the employee must be paid their wages, even if they have worked for only one day.
• 4. The probationary period can be set at a maximum of 2 months. In collective bargaining agreements, this period is 4 months.
• 5. Both parties may terminate the contract without compensation or penalty during the trial period.
• 6. All rights are valid during the probationary period specified in the probationary employment contract.

A probationary employment contract automatically terminates at the end of the probationary period. However, if the employee continues to be employed after the probationary period, this contract will transform into a single contract with the nature of an indefinite-term employment contract from the beginning (Turkish Code of Obligations, Article 430/paragraph 2).

All employees working during the probationary period can benefit from the personal and labor rights granted to them. These rights include receiving payment for their work, joining a union of their choice, and taking leave.

If, after the probationary period begins, the employee is unable to work for various reasons, the probationary period may be extended by the same number of days the employee was excused from work, as this period has not achieved its purpose. This is not a legal requirement; it will only be valid if the parties include this provision in their contracts.

Since an employee is entitled to annual leave after completing one year from their first day of employment, the probationary period will be included in this one-year period for calculations. Furthermore, because the probationary period is also considered in terms of the employee's seniority, it must be included in the length of service calculation when determining severance pay.

A probationary employment contract is not among the contracts that must be in writing. In other words, it is not mandatory for a probationary employment contract to be in writing. However, for evidentiary purposes, it is important that the probationary period is specified in writing. Because specifying the probationary period in writing will prove its existence.

The main consequence of a probationary employment contract is this: during the probationary period, both the employee and the employer can terminate the employment contract without waiting for the notice period and without compensation. The employee's wages and other rights earned for the days worked are preserved. Beyond this, the probationary period gives the parties an idea of how the employment relationship will be structured.

Written Determination of the Probation Period in Supreme Court Decisions:

Because, whoever alleges a violation of the rule is obliged to prove their claim. There is no explicit provision in the law regarding the form of a probationary employment contract. However, it must be in writing, especially in terms of the burden of proof. Being in writing is not a condition of validity, but a condition of proof…” (9th Civil Chamber, 2009/13019 K.)

“…According to the case file, it is understood that a fixed-term employment contract of 6 months was signed between the plaintiff and the defendant employer, and that a probationary period was stipulated in Article 7 of the contract in accordance with the conditions of Article 15 of the Labor Law No. 4857. The plaintiff's employment contract was terminated before the end of the probationary period. Due to the termination during the probationary period, the plaintiff is not entitled to severance pay. The written acceptance of the claim for severance pay instead of its rejection is erroneous and necessitates reversal…” (9th Civil Chamber, 2011/14882 K.)

Secure your rights with a Karşıyaka Labor Law Attorney.

Employing workers without insurance under the guise of a probationary period, failing to pay wages using the probationary period as an excuse, or exceeding legal time limits are all violations of labor law. Seeking legal assistance is crucial, both to ensure that probationary clauses in employment contracts are legally compliant and to avoid loss of rights in cases of unlawful termination.

Ephesus Law aspect, Employment law attorney in Karşıyaka, İzmir Our team provides professional legal advice and representation to clients in the preparation of employment contracts, probationary period disputes, and labor claims cases. We aim to ensure your processes are conducted in full compliance with legal regulations. Izmir Karşıyaka lawyer You can contact our team.

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