Trial-period employment contracts, a common practice in labor law, are contracts between employers and employees that allow the parties to get to know each other and observe work opportunities over a specific period. Both parties must consent to establish a trial-period employment contract. The primary purpose of this process is to determine whether the parties will comply with the working conditions throughout the employment period. Article 15 of the Labor Law regulates trial-period employment contracts as follows:
When a trial clause is included in the employment contract by the parties, it can last a maximum of two months. However, the trial period can be extended to four months by collective bargaining agreements. During the trial 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.
As can be understood from the wording of the said article, the basic features of trial period employment contracts can be listed as follows:
- Except for collective bargaining agreements, the maximum duration of trial period employment contracts is 2 months.
- A trial period employment contract must be clearly and explicitly stated in the contract. This agreement can only be concluded with the consent of both parties.
- Probationary employment contracts may be terminated without notice or compensation within the legally agreed-upon period. However, good faith principles must not be violated.
- Even during the trial period, workers cannot be employed without an insurance declaration.
If the parties wish to continue the employment contract after the trial period ends, it becomes a final employment contract. As a rule, unless the parties explicitly exercise their right to terminate, the contract is deemed to continue. If the contract continues, the employee, like other insured employees, can begin exercising all their legal rights, effective from the beginning of the trial period.
As the ECY legal team, we discussed the nature and characteristics of trial-period employment contracts in this article. It’s important to note that resolving and managing disputes arising from employment law requires expert legal support. At ECY Law, our expert team is happy to answer your questions and provide you with legal consulting and legal services.
