New step in flexible work: Conditions for employment contracts to be eased

The regulation regarding flexible work, which was discussed at the Investment Environment Improvement Coordination Council (YOİKK) last week, has begun to take shape.

According to information obtained, the first step planned to be taken in flexible work will be the simplification of fixed-term employment contracts.

Accordingly, in the planned model, a concrete justification such as the “completion of a project” will not be required for employment contracts made for up to one or two years.

According to the report by Hürriyet, it will be possible to employ staff with a fixed-term contract without any justification.

LEGISLATIVE AMENDMENT UNDERWAY

In the statement made after the YOİKK meeting held on August 13 with the participation of the private sector and the public under the chairmanship of Vice President Cevdet Yılmaz, it was stated that “significant progress has been made regarding the action to determine the needs for legislative changes concerning new-generation flexible work models such as remote, part-time, and temporary work, while taking into account the requirements of the business world and work-life balance.”

In this context, a legislative amendment regarding fixed-term employment contracts is being worked on. Global examples were also examined, and the legislation of other countries on the subject was presented at the YOİKK meeting.

'EMPLOYMENT CONTRACTS CANNOT BE SIGNED WITHOUT OBJECTIVE CONDITIONS'

Fixed-term employment contracts are included in Labor Law No. 4857. According to the law, “objective conditions such as the completion of a specific job or the emergence of a specific fact” are required to enter into a fixed-term employment contract.

A fixed-term employment contract cannot be signed without objective conditions, and if such a contract exists, it is considered an “indefinite-term” contract. According to the information provided at the YOİKK meeting, the requirement for objective conditions will be partially lifted for these types of contracts.

EMPLOYMENT CONTRACTS CANNOT BE RENEWED MORE THAN FOUR TIMES

Officials state that the requirement for objective conditions will be sought for contracts exceeding a certain duration. Accordingly, for example, no conditions will be required for fixed-term employment contracts of up to two years. These contracts will also have the right to be renewed once. However, for contracts longer than two years, conditions such as “the completion of a specific job or the existence of a project” may be required. A fixed-term employment contract cannot be renewed more than four times in a chain without a very valid reason. However, it is stated that this figure may change. It is emphasized that the “two-year” limit could also be one year, and that a final decision on this matter has not yet been made.

THERE ARE MORE THAN 800 THOUSAND UNEMPLOYED YOUTH

In the presentations made at the YOİKK, it was stated that the purpose of the regulation is the young population. While it was emphasized that there are more than 800 thousand unemployed people between the ages of 15-24 as of 2023, it was stated that these contracts aim to make it easier for young people to participate in employment and that informal employment could also be reduced in this way.