TYPES OF LABOR CONTRACTS
The articles 8 to 26 of Labor Law No. 4857 provides legal arrangements regarding the labor contracts (service contract). According to the article 8 of the same Law, a worker agrees to commit working for the employer and the employer agrees to pay the relevant wage for the service in a labor contract. A labor contract is not subject to any form. It is not necessary to execute a labor contract in writing. However, it is required to execute a labor contract in writing if the term of the contract is one year or more. Where there is no written contract, the employer must provide the worker with a written document not later than two months to indicate the general and special work conditions, daily or weekly working hours, the base wage and salary supplements if any, the period to pay the wage, the term of the contract if agreed, and the obligations to be satisfied by the parties in case of termination. This condition will not apply to a labor contract of definite duration, which is not more than one month. If a labor contract is terminated before two months, such information must be provided in writing to the worker on the date of termination at the latest.
A labor contract may be of definite duration or indefinite duration. If the business relationship between the worker and the employer is not bound by a definite duration, if it is not specified when the business relationship is terminated, then this is the case of labor contract of indefinite duration. A labor contract is of definite duration if it is made in writing by and between the worker and the employer for a service of definite time, and depends on objective conditions such as completing a certain work or generation of a certain fact. A labor contract of definite duration may not be made successively unless there is a substantial reason. Otherwise, the labor contract will be deemed for definite duration from the start.
A-Full Time Labor Contracts:
A full time labor contract requires that a worker must work for normal weekly working hours (45 hours).
B-Part-time Labor Contracts:
In a part-time labor contract, a worker works significantly less than normal weekly working hours than a worker who works under a full time labor contract. The disable interest of a worker working part time in regard to the wage and money is paid in proportion to actual working hours compared to the worker who works full time.
I-Labor Contract based on Call:
It is a part-time labor contract in which it is agreed that the worker undertakes to do the job when such worker is needed in relation to the job undertaken by him/her. It needs to be executed in writing. If the parties do not determine for how long the worker would be working within a certain period of time such as week, month or year, the weekly working hours are deemed to have been agreed for twenty hours. The worker will be entitled to the wage in the period determined for working on call whether or not the worker is required to work.
II-Labor Contract based on Part-Time Working:
It is a part-time labor contract in which the dates and times are specified for the worker to work at the workplace. The working hours may not exceed two third of full working hours.
This labor contract includes a condition for the trial period. The trial period in the contract may be maximum two months. However, the trial period, may be extended up to four months with collective labor contract. The parties may terminate the contract within the trial period without waiting for the time for notice and compensation. The worker reserves the right for wage and other rights for the days worked.
In a team contract, multiple workers gather together to form a team and one of the workers representing the team makes a contract with the employer as team guide. Regardless of the duration of the contract, the contract must be made in writing and specify the identity of each worker and the wage separately. When the each of the workers identified in the team contract starts working, a labor contract is deemed made between that worker and the employer on the conditions described in the team contract. However, the provision of article 110 (Commitment for Other’s Acts) of Code of Obligations shall apply to the team contract. The employer or the employer’s agent must pay the wage to each of the workers individually when the labor contract enters into effect upon starting to work. No deductions may be made from the wage of workers in the team for the team guide due to mediation with the business or similar reasons.