Fixed and indefinite-term employment contracts
Article 11 – Even if the employment relationship is not based on a specific term, the contract is considered to be indefinite-term. A written employment contract between the employer and the employee is a fixed-term employment contract in fixed-term jobs or based on objective conditions such as the completion of a specific job or the occurrence of a specific event.
A fixed-term employment contract cannot be made more than once (in a chain) unless there is a fundamental reason. Otherwise, the employment contract is considered to be indefinite-term from the beginning.
Chain employment contracts based on fundamental reasons maintain their fixed-term nature.
Limits of distinction between fixed-term and indefinite-term employment contracts
Article 12 – An employee employed under a fixed-term employment contract cannot be subject to different treatment than a comparable employee employed under an indefinite-term employment contract, unless there is a reason justifying the distinction.
Divisible benefits regarding the wages and money to be paid to an employee under a fixed-term employment contract, based on a specific time period, are given in proportion to the period the employee has worked. When seniority spent in the same workplace or business is sought to benefit from any working conditions, unless there is a reason justifying the application of different seniority for a worker working under a fixed-term employment contract, the seniority taken as basis for a comparable worker working under an indefinite-term employment contract is applied.
A comparable worker is a worker employed under an indefinite-term employment contract in the same or similar job at the workplace. If there is no such worker at the workplace, a worker employed under an indefinite-term employment contract who undertakes the same or similar job at a workplace that complies with the conditions in that sector is taken into account.
Source: Labor Law No. 4857
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