17/04/2023

Determination of Commencement of Employment in Job Security in Turkey

Determining the commencement of employment is a critical aspect of job security in Turkey, as it sets the foundation for the employer-employee relationship and establishes the rights and obligations of both parties. In Turkey, the commencement of employment is typically governed by labor laws and regulations that aim to protect the rights of workers and ensure fair treatment in the workplace. According to Turkish labor law, the commencement of employment is considered to be the moment when the employee begins to work for the employer, whether verbally or in writing, under a contract of employment or a similar agreement. This means that the employment relationship officially starts when the employee starts performing their duties, regardless of whether a formal contract has been signed. This provision is crucial for ensuring that employees are entitled to certain rights and benefits from the moment they begin working, including wages, social security coverage, and protection against unfair treatment or dismissal.

Moreover, determining the commencement of employment in Turkey is essential for establishing the duration of the probationary period, which is a common practice in Turkish employment contracts. During the probationary period, employers have the opportunity to evaluate the performance and suitability of new employees, while employees have the chance to assess the working conditions and decide if the job is a good fit for them. The duration of the probationary period is typically specified in the employment contract or collective bargaining agreement, with the maximum duration set by law. By clearly defining the commencement of employment, employers and employees can accurately determine the start and end dates of the probationary period, providing clarity and transparency in the employment relationship.

Furthermore, determining the commencement of employment is crucial for calculating various entitlements and benefits that employees are entitled to under Turkish labor law. For example, the calculation of severance pay, which is a form of compensation paid to employees upon termination of their employment, is based on the length of service with the employer. Therefore, accurately determining the commencement of employment is essential for calculating the total length of service and ensuring that employees receive the appropriate severance pay in the event of termination. Additionally, determining the commencement of employment is important for determining eligibility for other benefits such as paid leave, overtime pay, and retirement benefits, as these entitlements are often based on the length of service with the employer.

In conclusion, determining the commencement of employment is a crucial aspect of job security in Turkey, as it establishes the rights and obligations of both employers and employees from the moment the employment relationship begins. By clearly defining the commencement of employment, employers and employees can accurately determine the start and end dates of the probationary period, calculate entitlements and benefits, and ensure fair treatment in the workplace. Overall, this provision plays a fundamental role in protecting the rights of workers and promoting a fair and transparent employment relationship in Turkey.

Determination of Commencement of Employment in Job Security in Turkey Template

REPORT

In accordance with the definite decision made by …………………  (……… Labour Court/…………….. Civil Court of First Instance/…………… Regional Court of First Instance/ ……………… dated mediator), with the date ……….. and the base number …………….. and the decision number ………….. about the employee ……….. it was decided that the termination made by our employer is invalid and that the employee should be reinstated. The employee applied for the reinstatement on the date …………………… This application was accepted that the person was notified to be present at the workplace on the date ……….. for reinstatement. However, it was determined that the mentioned employee did not come on the date ………. (the employee did not come/did not start to work although he/she came to workplace).

This report was made at the workplace to determine the situation as ……… copies, read and signed as correct. (Date)

                                                           Witnesses Name Surname/Signature    Authorized Signatures