TERMINATION IN PROBATION PERIOD

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Both employee and employer may terminate the contract in probation (trial) period without giving any notice, and no severance is paid to employee.

Probation period is arranged in article 15 of Labor Law 4857. The main points related to trial period are as follows.

  • A probation period may be inserted in employment contracts
  • This period cannot exceed two months
  • Probation period may be extended up to 4 months by collective agreement

TERMINATION DURING PROBATION PERIOD

  • During the probation period employment contract can be terminated without any notice term
  • In such cases employer doesn’t have to pay severance
  • Employee’s wage and other rights related to worked days should be paid.

NON-APPLICABLE CASES

  • In case there is no probation clause in the employment contract employer cannot terminate the contract without notice and severance,
  • Probation clause cannot be inserted after the employment contract is signed,
  • In case the contract is terminated after probation period has expired, employer has to observe the notice term. The contract will be subject to provisions applied to permanent employment contract.

RELATED ARTICLE

ARTICLE 15. - If the parties have agreed to include a trial clause in the employment contract, the duration of the trial term shall not exceed two months. However, the trial period may be extended up to four months by collective agreement.

Within the trial term the parties are free to terminate the employment contract without having to observe the notice term and without having to pay compensation. The employee’s entitlement to wages and other rights for the days worked is reserved.

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