In this article we will look for answers to the following questions for the business contract, which is mandatory for business life. You can also share your views on this topic with us in the following comment.
- What is a business contract?
- How is it organized?
- What are the types of job contracts?
The business contract is a contract based on the employment relationship established between an business and an employer according to the Labor Law, indicating that the employee is not employed and the employer is also committed to paying the employee for this work.
Business contract may vary according to the nature of the work and the worker’s work style. Prior to the current Labor Act, the definition and scope of the business contract in the Labor Code No. 1475, which was valid until 2003, was much more limited. Especially in the 2000s, new forms of work emerged in the working life together with the developments in information technology and software technology, which necessitated new regulations. Deficiency and inadequacy in the Labor Law No. 1475 The Labor Law No. 4857 has been closed to a great extent and has included new types of work and the types of business contracts in detail. According to this; full time, part-time, trial-time work contracts and on-call work and team contracts.
It is imperative that the business contract is made in writing for a period of one year or more. In the absence of the contract, the employer must submit a document explaining the working conditions of the worker, the period of study, the remuneration and the remuneration, the period of paying, the scope of the work if the working time is definite and the provisions that must be observed in case of termination. This provision does not apply if the duration is one month shorter. If one month is long and two months is short, this document should be given to the worker at the latest at the end of the work.
Contract of employment is not subject to the law of nature, but it may show some differences in the nature, duration, and scope of work. According to this, labor contracts can be in different types according to Labor Law No. 4857. Let’s take a quick look at these.
1. Specific or indefinite-term Business Contract
According to the Labor Code, labor contracts can be made with certain or indefinite duration. In the case of ” the business contract is a fixed term job contract between the employer and the employee depending on the objective circumstances such as the completion of a certain job or the occurrence of a specific case ” as it will be seen, when the contract is known or predicted, the contract will be made for a certain period of time. Otherwise the contract to be made must be indefinite period.
A specific time contract may depend on completion or completion of the job, such as when the date on which the job will be known or predicted (for example, when a building is to be built may not be predictable, but the established periodic business relationship will end with completion of construction).
Drawing the boundaries of certain time-bound business contracts, like all provisions of the Labor Act, the interests of the worker are respected. According to this, ” A specific time contract can not be made more than one time (chained) unless there is a fundamental reason. Otherwise the business contract will be accepted indefinitely from the beginning. “The judge has been prevented from having any malice and detention of workers arising from the indefinite-term employment contract. However, according to the Law on Special Education Institutions, the repetition of certain periodic business contracts in the private education sector is not included in this scope.
Workers with definite and indefinite working hours have the same rights, although the types of work and contract types are different, unless the cause is justified. These two different groups of workers can not be subjected to different treatment only because of the difference in their employment contracts.
Remuneration is also calculated on the basis of the full rate paid by the indefinite period worker for the employee working on the fixed-term business contract. A worker whose employment contract has been terminated unjustly before the date or work specified is entitled to severance payment due to unjustified termination. In addition, the employee may claim compensation from the employer for the remainder of the period, if the employee terminates the contract before the end of the period or work, based on justifiable grounds.
On the other hand, the most common type of contract in working life is the indefinite-term job contract. In Labor Law No. 4857, there is more room for the indefinite-term business contract and the rights that workers have based on this.
An indefinite-term business contract is a contract made in the event that a business contract relationship is not linked to a specific period of time, as opposed to a fixed-term employment contract. Also, unless there is a substantial reason for the blood, the second time contract between the same employee and the employer will be counted indefinitely. Accordingly, the worker shall have the rights and benefits arising from this contract. The indefinite-term job contract is the most fundamental difference from the employee’s point of view, according to the fixed-term business contract, which allows the employee to benefit from the provisions of labor, notice, precaution and job security.
2.Continuous or Discontinuous Business Contract
As stated in the Labor Law; “In terms of qualifications, the work which has not been discontinued for at most thirty working days is called continuous work. “According to this, if the period of time for the work done is less than 30 days, there will be a permanent business contract agreement. When this time calculated for the job is determined, the number of employees required is calculated by taking into consideration such factors as the number of employees required, the number of days to be completed by this number of employees, and the quality of work. It becomes clear that the work is continuous and discontinuous as a result of the time determined according to the account made.
Calculating the 30-day period specified is based on workday rather than calendar day. Actual working days are calculated in the event that the work is determined to be continuous or discontinuous and no mistake is made. Accordingly, weekly holidays, official holidays or vacations are not considered.
Another difference between continuous and discontinuous work is at the point of entry into the Labor Code. Many provisions of the Labor Code do not apply to discontinuous works. Provisions of the Labor Code do not apply in many cases such as trial period in discontinuous works, written labor contract, notification of termination of work, notification of notice, notice and severance pay and so on. Provisions relating to such labor contracts are regulated in the Code of Obligations.
3.Partial or Full Time Business Contract
Part-time, that is, part-time work, especially since the year 2000, is a form of work that is highly antagonistic. This work is also referred to in the Labor Law No. 4857 as “The contract is a part-time job contract if the worker’s normal weekly working period is significantly less than the equivalent labor worker employed by the full-time employment contract. “The statement found.
While there is no discrimination between the part-time study and the full-time study, the differences in the working conditions are clearly stated.
Part-time work is calculated as less than three-tenths of full-time work in terms of work duration. That is, weekly full-time work is 45 hours, partial work can be up to 30 hours.
Part-time workers have the same rights as wages and other rights for full-time workers. The law on this subject “The worker who is employed by a part-time employment contract can not be subject to different processing according to the full-time equivalent worker because the partial employment contract is only partial, unless there is a justifiable cause. The dividable benefits of the part-time worker on wages and money are paid in proportion to the length of time he / she has worked for the full-time equivalent worker. “Has made it clear.
Law also made it clear that workers who work part-time will also benefit from basic rights such as annual leave, denunciations and severance pay. In addition, when the seniority and notice indemnity is calculated, it will be taken as basis on the day when the work contract starts, not on the actual working day.
4.Working On The call
This is a subcategory of part-time work in the form of a work in this way and is a part-time job contract based on a call-to-work, where the worker is determined to fulfill his / her job performance if he / she needs to do so. “.
In case the employer needs labor, it is foreseen that this related contract established by the call for work should be written. The working time and the working hours are determined by the contract made. In case of unspecified cases, the law assumes 20 hours of weekly working time. On the other hand, if the daily working time is not explicitly stated in the contract, the law obliges the worker to be employed for at least 4 hours at each call.
If the call is made at least 4 days before the call for work on the call, even if the employer has not done any work for the specified period, the worker is eligible for the call.
In some cases, the employer or the worker may need a trial period before the actual work contract starts. This trial period is a law-recognized right for workers and employers to recognize each other and to see whether the worker is suitable for work or work. The duration of the trial can be up to 2 months, and this can be up to 4 months with the agreement of the parties in collective bargaining agreements.
In his mind, he said, “When parties have a trial record in their employment contract, the maximum duration of this can be up to two months. However, the trial period can be extended up to four months by collective bargaining agreements. Within the trial period, the parties may terminate the employment contract without any notice period and without compensation. wages and other rights of the workers for the days worked reserved. “.
As the trial period will not be applied in discontinuous work, there is no need for the business contract to be specific or indefinite in the implementation of the employee.
One of the biggest misconceptions about the trial period is that the insurance premium of the employee will not be paid during the trial period. This blood is definitely wrong. The worker must also be insured in the trial period, besides this, regardless of any work, weekly holiday, feast holiday, official holiday should benefit from such rights. However, during this period both parties may terminate the contract without any reason. In case of termination, no compensation is paid to the employee.
6.Work Contracts Created By The Team Contract
Another different contract type in the Labor Act is the team contract. ” A contract made by one of these workers with the employer in the form of a team guide is called a team contract, in the sense of” representing a team brought by more than one worker. “Is clearly written in the form of a team contract.
Information about each employee involved in the engagement, including the engagement, must be clearly included and signed. However, this contract is valid, not proof. That is, a job contract is made so that any injustice that may occur between team members or the employer can be avoided.
In the work done by this contract, the team representative can not receive or demand any commission from the salaries of the other workers while the salary is paid separately for each worker.
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