Probation Period: Essential Rules to Know When Starting Employment in Turkey

Table of Contents

• What is the probation period?
• How long is the probation period and how is it determined?
• How should the probation period be regulated in the contract?
• How is termination carried out during the probation period?
• How are salary, social security and fringe benefits applied during the probation period?
• Does the probation period affect rights such as severance/notice?
• What are the most common mistakes made by employers?
• Legal support regarding the probation period

What is the probation period?

The probation period is a timeframe at the beginning of the employment contract during which the parties can mutually evaluate the continuation of the employment relationship. During this period, the parties assess whether the employment relationship is suitable for them.

The probation period provides the employer with an opportunity to observe the employee's suitability for the job and position, while giving the employee the chance to determine whether the work, working conditions and workplace meet their expectations.

It should also be noted that the probation period is not a period during which the employment relationship between the parties is suspended or of a temporary nature. During the probation period, the employee continues to benefit from all rights provided within the scope of labor law pursuant to the employment contract.

How long is the probation period and how is it determined?

Under the Turkish Labor Code, the probation period may be determined as a maximum of two months. This period must be explicitly agreed upon through the employment contract made between the parties.

In workplaces with collective bargaining agreements, the probation period may be extended up to four months through the collective bargaining agreement. However, for individual employment contracts, the upper limit of two months cannot be exceeded.

For the probation period to be valid, this matter must be clearly and explicitly stated in the employment contract. If the employment contract does not contain any provision regarding the probation period, the employment relationship between the parties is considered to have been established from the beginning without a probation period.

How should the probation period be regulated in the contract?

The probation period must be clearly specified in the employment contract. It is important at this point that there is no ambiguity regarding the existence and duration of the period.

The regulation concerning the probation period is considered as one of the essential elements of the employment contract. Therefore, the commencement and duration of the probation period must be clearly stated and should not be based on an implicit or subsequently asserted practice.

How is termination carried out during the probation period?

During the probation period, the parties have the possibility to terminate the employment contract without complying with notice periods and without paying compensation. In this case, only the employee's salary for the period until termination and other accrued employment receivables will be paid, and severance and notice compensation will not come into question.

This right of termination is valid for both the employer and the employee. However, it should not be forgotten that exercising the right of termination in a manner contrary to the principle of good faith may give rise to legal liability for the terminating party.

In terminations made during the probation period, the reason for termination does not have to be stated in writing to the other party. Nevertheless, to reduce proof and dispute risks, it is undoubtedly much safer to make a written notification.

How are salary, social security and fringe benefits applied during the probation period?

Throughout the probation period, the employee is entitled to receive wages in return for the work performed. The probation period does not mean unpaid work.

Likewise, during this period, the employer must make the employee's social security registration notification and pay social security premiums completely. The probation period does not constitute an exception that justifies uninsured employment.

In addition, with regard to fringe benefits such as wages, meals, transportation, and bonuses, the probation period does not, as a rule, lead to a distinction between the employee and other employees. The employee during the probation period also continues their duties with the employer benefiting from the same rights as other employees.

Does the probation period affect rights such as severance/notice?

Since the probation period is part of the employment contract, this period is included in the employee's total working period. In employment relationships that continue after the completion of the probation period, the probation period is taken into account in the calculation of both severance pay and notice periods.

As stated, for contracts terminated during the probation period, the occurrence of severance and notice compensation is not in question.

What are the most common mistakes made by employers?

The failure to explicitly regulate the probation period in the employment contract is one of the most common mistakes encountered in practice.

Determining the probation period above the limits specified in the law or extending it de facto also causes problems regarding the legal validity of the probation period.

In addition to these, it must be emphasized that employing employees without insurance during the probation period or subjecting them to different treatment in terms of wages and fringe benefits may create serious legal risks for employers.

Legal support regarding the probation period

Although the probation period appears simple in practice, it is frequently subject to legal disputes due to its termination and compensation dimensions.

In this context, preparing employment contracts and the probation period provisions they contain in compliance with legislation, and obtaining legal support to assess potential risks in advance is of great importance in order to prevent disputes that may arise from this cause in the future.

GEMS Schindhelm's labour law department provides legal consultancy to its clients on the preparation of employment contracts, review of compliance with regulations, and protection of the interests of the parties.