EMPLOYMENT CONTRACT FOR INDEFINITE TERM
This EMPLOYMENT CONTRACT (“Contract”) is executed on …/…/… between …………………………….. (“hereinafter shall be referred to as the “Employer”) ……………………….. having its address in……………………………….. and …………………………with ID number……………………….. (hereinafter shall be referred to as the “Employee”).
Employer desires to employ the Employee and the Employee undertakes to devote himself/herself to the work in compliance to the Employer’s instructions under the following terms and conditions.
The parties mutually agreed on the following issues.
ARTICLE 1. PROBATION PERIOD
1.1 Probation period shall be two (2) months as of the work beginning date of the Employee
1.2. Employer may terminate this Contract without a prior notification to the Employer in case the Employer is found unqualified for the position.
1.3. Qualification assessment of the Employee shall be at the Employer’s sole discretion and cannot be subject to any dispute.
ARTICLE 2. POSITION AND DUTIES OF THE EMPLOYEE
2.1 Job position and the duties of the Employee includes; ………………………………..
2.2 In addition, when required to conduct the office work, Employer may instruct the Employee to fulfill the duties other than the above mentioned and Employee should follow these instructions provided that working conditions are not deteriorated.
ARTICLE 3. WAGE AND WORKING CONDITIONS
3.1 Employee wage shall be gross TL………………. Weekly working period is 45 hours.
3.2 Employee agrees that the weekly 45 working hours may be spread unequally in different terms by Employer provided that daily working time does not exceed 11 hours. Different working times may be equalized within two months pursuant to provisions of Article 63 of Labor Law.
3.3 Employee agrees and undertakes to fulfill all the duties requested by the company appropriate to his/her experiences and professional qualification. Employee may not claim any other consideration other than his/her wage for these services. Employee wage is jointly determined by the parties’ free will and mutual agreement. Employee wage includes overtime, official holidays and weekends.
ARTICLE 4. RIGHT TO LEAVE
4.1 Employee has a right to use leave under the Labor Law and the relevant secondary legislation .
4.2 Employee shall use such leaves subject to Employer’s approval in a manner that the business activities are not interrupted.
ARTICLE 5. OCCUPATIONAL ACCIDENTS
5.1 Employer shall indemnify the Employee and provide all required medical support and treatment under Labor Law for any injuries experienced or diseases which are clearly evidenced and documented by a doctor;
Injuries and diseases resulted from negligence or intentional action of the Employee is excluded from the above mentioned support.
ARTICLE 6. DAMAGE COMPENSATION
6.1 In case the Employee causes any damage to the Employer in an intentional manner or as a result of a serious mistake, Employee shall indemnify the Employer for the damage without requiring any disciplinary action to be applied.
ARTICLE 7. EMPLOYEES’ LIABILITY
7.1 Employee shall work with good faith and solemnly.
7.2 Employee shall comply with all regulations issued in accordance to Labor Law and relevant legislation. .
7.3 Employee shall be ready to start work at the identified date and shall fulfill his/her duty professionally in a productive manner.
7.4 Employee shall devote himself/herself to the Employer faithfully, shall make no concessions of honesty and shall not act in a manner which may harm the company’s dignity.
7.5 Employee shall only work for Employer and during this Contract term shall not engage with other duties or work for other companies.
7.6 Employee shall strictly follow the instructions of Employer and shall not refuse to fulfill his/her duties without a valid reason.
7.7 Employee shall not arrange any unauthorized meetings against the Employer other than the Company’s commercial objectives and shall not engage in a collective action without obtaining a prior consent from Employer. Employees’ right to become a member in relevant labor union is reserved.
7.8 Employee shall not take any documents, machinery, equipment or other tools from the work place which are company property for any reason other than commercial purposes.
Employee agrees that the Company, with principle of good faith does and may allow the Employee to have access to trade secrets, customer information and other confidential information under this Contract. In this respect Employee agrees to keep such information confidential, not to use them on his/her behalf and not to disclose them to third parties.
Confidentiality obligation of the Employee concerning the company secrets shall remain for an indefinite period of time.
Employee may not provide service or consultancy or engage in any commercial activity during the term of his/her period of service for the Employer. In case of termination of this Contract, Employee shall not thereafter contact with existing or potential companies or be in competition with the Employer.
This Contract shall be binding on the parties, their successors, assignees and other private representatives and shall inure to the benefit of them.
7.9 Employee shall not disclose any information concerning the business of the Employer.
ARTICLE 8. TRANSPORTATION
8.1 Employee shall be responsible to provide his/her own transportation means. In such case, Employer considers to pay the transportation expenses under the company guidelines. However, Employer can provide transport when possible and this shall be solely based on Employer’s discretion and decision.
ARTICLE 9. PENALTIES
In the event Employee violates any of its liabilities provided in Article 9, he/she shall be subject to one of the following procedures.
9.1 Employee shall be asked to apologize from the Company with a written explanation concerning his/her undesirable behavior or
9.2 Employer shall issue a warning notice or
9.3 Employee shall be dismissed from employment under provisions of Labor Law.
ARTICLE 10. TERMINATION
10.1 Employer may terminate this Contract pursuant to provisions of Article 25 of Labor Law without prior notification to the Employee in case Employee attempts to any of the following acts.
· Undesirable acts such as violence, destruction, sabotage, insurrection or gambling or joining to such actions,
· Employee is found guilty for violating local laws,
· Employee cannot fulfill his/her duties due to physical or mental challenges during the terms specified in Article 25/1 of Labor Law,
· Documents relating to the Employee’s qualifications are falsified,
· Employment contract can be terminated by the Employer in the event Employee does not come to office for two consecutive days, or two times after holidays within a month, or three days within a month without obtaining permission from Employer or without showing a valid reason or is in an uncongenial working behavior and is constantly in malpractice as a result of early leave of the office.
· The company’s registered facilities, equipment, machinery and tools are damaged as a result of the Employee’s intentional acts or critical delinquency.
ARTICLE 11. DISPUTE SETTLEMENTS
11.1 Disputes between the parties which cannot be settled with good faith shall be settled by Istanbul (Center) Courts and Execution Offices under applicable laws, rules and regulations applicable in Turkey. Such court decision in this respect shall be final and binding for the parties.
ARTICLE 12. FORCE MAJEURE
12.1 In case either party cannot or is prevented to fulfill its responsibilities due do natural disaster, war, riot, strike, lockout or as a result of any event developed beyond that party’s control, or any of the parties suffer any force majeure act, it shall immediately notify the other party about the circumstances and in this case such party’s affected liabilities shall be suspended partly or in whole, according to the duration and scope of such interruption.
ARTICLE 13. OTHER ISSUES
13.1 Any provisions not provided herein shall be subject to the applicable laws of Turkey.
13.2 In case any of this contract provisions are found invalid, the remained provisions shall continue to be valid and practiced by the parties.
13.3 This Contract may only be amended or renewed upon the mutual and written agreement of the parties.
ARTICLE 14. NOTICES
The above mentioned addresses are the legal addresses of the parties and in case any change of address is not notified with a certified mail within five (5) days to the other party, any notification made to these addresses shall be valid and binding.
In consideration of the foregoing, the parties signed this contract which involves 15 Articles in two original counterparts.