Understanding the probation (trial) period under Turkish employment law is vital for both foreign employers and domestic HR teams. This article explains how the probation period works in Turkey, key legal requirements, implications for employers via an Employer of Record (EOR) model, and best-practice tips for smooth onboarding.
What is a probation period in Turkey?
In Turkey, when a new employment relationship begins, both employer and employee may include a probation (or trial) period. During this phase, either party can evaluate the fit of the employment arrangement and terminate the contract with fewer formalities.
According to Turkish Labour Law No. 4857 (Article 15), a probation period may be included — provided it is agreed in writing.
Duration: How long can the probation period last?
- For individual employment contracts, the maximum probation period is 2 months.
- However, when the employment is governed by a collective labour agreement, the probation may extend up to 4 months.
- It’s important that the probation clause is part of the contract from the outset—adding it after signature may not be legally valid.
Rights and obligations during the probation period
During the probation period, the legal rules provide certain flexibilities and protections:
- Either the employer or the employee can terminate the employment without having to abide by the full notice period or to pay severance for that period.
- Despite the flexibility, the employee must still receive all wages and statutory rights for the days they worked.
- If the contract does not include a probation clause, then standard termination rules apply from day one—including notice and possibly severance.
Why including a probation period is important for employers
For international companies hiring in Turkey (especially via an EOR), the probation period offers some meaningful advantages:
- Reduced risk: Early termination is simpler during probation, which helps assess fit before committing fully.
- Compliance: Ensuring the probation clause is correctly drafted avoids legal claims that the contract was indefinite from the start.
- Reduced cost: Termination during probation does not trigger severance pay for that period, helping cost control for startups or pilots.
- Clear onboarding path: It creates a structured evaluation window for new hires, which is often appreciated by both parties.
Key drafting tips for the probation clause
When drafting an employment contract in Turkey, keep these best-practice pointers in mind:
- Specify the probation duration clearly in the contract in months (e.g., “2 months probation”).
- Ensure the contract is in writing and signed before the employee begins work — unsound or later-added clauses may be invalid.
- Include the standard contract terms (job title, duties, salary, working time, termination rights) even during the probation term.
- Clarify the termination procedure during probation: either party may end without cause, without notice/severance, but payment for actual work remains.
- Monitor timing: If the probation ends without notice, the contract transitions into standard employment rules and full protections apply.
- Align with collective agreements if applicable: For workplaces covered by a collective labour agreement, check if a longer probation period (up to 4 months) is specified.
- Ensure foreign nationals are covered: The rules apply the same to Turkish and foreign employees.
What happens when the probation period ends?
Once the probation term concludes without termination, the employment relationship continues under standard rules (either fixed-term or indefinite). At that point:
- Notice periods for termination apply (depending on tenure) rather than the simplified probation exit.
- Severance and other long-service protections may begin to apply once statutory thresholds (e.g., one year of service) are met.
- The employer should conduct a review or assessment to decide whether to continue employment, convert to permanent, or terminate for cause.
Common pitfalls & how to avoid them
| Pitfall | Impact | Mitigation |
|---|---|---|
| No written probation clause | Clause may be deemed invalid; employer cannot rely on simplified exit rules | Always include probation clause in contract and ensure it’s signed |
| Extending probation beyond legal limit | Exposure to claims of unfair dismissal or wrong classification | Verify if collective agreement allows extension; don’t exceed 2 months (or 4 months if applicable) |
| Terminating post-probation but applying probation rules | Misapplication can cause risk of notice/severance liabilities | Once probation ends, switch to standard termination framework |
| Foreign employee discrimination | Risk of non-compliance and reputational harm | Treat Turkish and foreign employees equally; ensure contracts aligned |
| Poor onboarding during probation | Missed opportunity to assess fit; higher turnover | Use probation to engage, assess and provide feedback |
The probation period in Turkey is a crucial tool for employers and employees alike. When properly drafted and applied, it offers:
- A defined period to evaluate employment fit
- Smoother termination options within the period
- Legal clarity and cost control for employers
- Protection and transparency for employees
For foreign companies operating via an EOR in Turkey, ensuring compliance with probation-period rules is vital to avoid legal pitfalls and foster strong employment relations. For more informations about our EOR and Recruitment Turkey services please be in touch with our team.