What Is an Employment Contract? (Turkish Labour Law, Article 8) — 2026 Guide
What is an Employment Contract?
What is an employment contract is a fundamental question for everyone entering professional life. According to Article 8 of the Labor Law No. 4857, an employment contract is a contract where the employee undertakes to perform work in a subordinate capacity and the employer agrees to pay a wage.
The employee undertakes to perform work. In return, the employer pays a wage. Thus, a legal relationship is established between the parties.
Elements of an Employment Contract
There are three fundamental elements that constitute an employment contract. These elements must exist together.
1. Obligation to Perform Work
The employee agrees to perform a specific job. Furthermore, the employee performs this job personally.
2. Wage
The employer makes a payment in exchange for the work performed. Therefore, wage is an essential element of an employment contract.
3. Subordination
The employee acts in accordance with the employer's instructions. This element distinguishes the employment contract from other types of contracts. Consequently, the element of subordination is the most decisive criterion.
Formal Requirements for an Employment Contract
The law generally grants freedom regarding form. Therefore, parties may establish an employment contract orally. However, in some cases, written form becomes mandatory.
Specifically:
- Contracts with a duration of 1 year or more
- Fixed-term employment contracts
Parties must execute these types of contracts in writing.
Obligation to Provide a Written Document
If the parties do not enter into a written contract, the employer must intervene and issue a document. The employer provides the employee with a written document within a maximum of 2 months.
This document contains the following information:
- Job description
- Place of work
- Wage and payment schedule
- Working hours
- Duration of the contract
Thus, the employee clearly learns their working conditions.
Why is an Employment Contract Important?
An employment contract clarifies the relationship between the employee and the employer. Furthermore, it determines the rights and obligations of the parties.
Therefore:
- It secures employee rights
- It establishes employer responsibilities
- It reduces the risk of disputes
Additionally, the contract forms the basis of labor law.
Points to Consider
To correctly establish an employment contract:
- Examine contract terms carefully
- Clarify wage and working conditions
- Request a written document
- Seek legal support if necessary
👉 Current legislation:
Internal Links
👉 Related content:
- What is a service certificate
- Statute of limitations for labor claims
Conclusion
In conclusion, the question of what is an employment contract constitutes the foundation of working life. With this contract, employees and employers assume mutual obligations. Therefore, establishing the contract correctly is of great importance.