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Fixed-Term Employment Contract
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Att. Ozen Odev
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 defini-
tion, 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.
Prohibition of Discrimination in Fixed-Term Employment
Contracts
In employment relations, prohibition of discrimination primarily
includes language, race, color, sex, disability, political opinion, philo-
LABOR LAW
321
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Article of October 2014