What is the Probationary Period?

When you start a new job, questions like “Is this job really suitable for me?” or “Will the employer meet my expectations?” may come to your mind. The probationary period is a safe phase granted to both the employee and the employer to find answers to these questions. In this article, we examine in detail what the probationary period is, how long it can last, the conditions of termination or resignation during this period, how SGK (Social Security Institution) notifications and premiums are processed, and what rights and obligations both parties have at the end of the probationary period.

 

What is the probationary period?

The probationary period is a provision added to the employment contract for the employee and the employer to get to know each other and to evaluate the requirements of the job and the working conditions. During this time, the employee observes whether the workplace and the job are suitable for them, while the employer has the opportunity to evaluate the employee’s competence, adaptation, and performance. According to Article 15 of the Turkish Labor Law, the probationary period is set at a maximum of two months, but it can be extended up to four months through collective bargaining agreements. During the probationary period, either party may terminate the employment contract without waiting for a notice period and without paying compensation. However, the employee’s wages and other rights for the days worked remain protected. The legal basis of the probationary period is Article 15 of the Labor Law, while relevant provisions of the Turkish Code of Obligations and Supreme Court rulings also support this practice. In this respect, the probationary period can be considered a regulation that provides security for both employee and employer, offering an opportunity to test mutual compatibility before making the employment relationship permanent.

 

How many days or months does the probationary period last?

The duration of the probationary period is explicitly regulated in the Turkish Labor Law. According to the law, if a probationary clause is included in the employment contract, the period must not exceed two months. However, this period may be extended up to four months through collective bargaining agreements. Apart from this, the law does not stipulate a minimum period; in other words, the parties may agree on a shorter probationary period if they wish. For example, in an employment contract, the probationary period may be set at only one month. At this point, what is important is that the maximum limit set by the law is not exceeded. If an individual employment contract stipulates a probationary period longer than two months, the excess part is deemed invalid, and the legal upper limit applies. In addition, the probationary period starts from the date the employee actually begins working, not the date the contract is signed. Therefore, although the probationary period may vary depending on the agreement between the employee and the employer, it must in all cases remain within the legal boundaries.

Termination and resignation during the probationary period

During the probationary period, termination or resignation is regulated under the Turkish Labor Law in terms of notice period, severance pay, and other rights, as follows:

 

Is a notice period required?

During the probationary period, neither the employee nor the employer is required to wait for a notice period; it is not legally mandatory. In other words, during this period, either party may terminate the employment contract without any obligation to give prior notice.

 

Is there entitlement to compensation or notice pay?

If the employment contract is terminated during the probationary period, rights such as severance pay and notice pay do not arise. In other words, during this period, if either the employer or the employee terminates the contract, there is no obligation to provide notice or pay notice compensation. However, wages and other rights for the days worked remain protected; for example, weekly rest pay, public holiday pay, or overtime must be paid if applicable. In addition, if the probationary period ends and the employment contract continues, and termination occurs afterward, the regular rules of labor law on notice periods and compensation rights apply.

How do SGK notifications and premiums work during the probationary period?

Although the probationary period is intended for the employee and employer to evaluate each other, it does not eliminate the employer’s SGK obligations. The employee must be registered with the Social Security Institution from the very first day of work, and premiums must be paid regularly. All mandatory contributions, including work accident, health, and retirement insurance, must be paid for each day worked during the probationary period. Furthermore, if the employee has not worked a full period in a given month—such as starting mid-month or taking sick leave—the employer is obliged to submit a missing day notification. Employing a worker without social security coverage during the probationary period is considered unregistered employment and may result in both administrative fines and legal liabilities. The employee’s wages and other labor rights for the days worked remain valid, and this period counts toward retirement and other social security entitlements. Therefore, during the probationary period, the employer must fulfill all SGK obligations just as in a normal working period.

 

Rights and obligations of the parties at the end of the probationary period

At the end of the probationary period, if the contract continues, the employee becomes a full-status member of the employment relationship, and the employer makes a decision on the employee’s suitability based on the evaluation made during this time. If the probationary period has ended but the employer still wishes to terminate the contract, and this termination has not occurred within the probationary period, the normal termination rules now apply; in this case, the employer becomes liable for notice periods and notice compensation. On the other hand, for the employee, wages, insurance premiums, overtime pay, and public holiday pay continue to remain valid after the probationary period, and this time is included in the calculation of seniority and other durations.

During and after the probationary period, both parties are obliged to continue their fundamental duties toward each other, such as loyalty, performance of work, obedience, and equal treatment. If the employer intends to retain the employee after the probationary period, performance evaluation should be conducted transparently, criteria should be set in advance, and the employee should be given the opportunity to improve if there are shortcomings. In addition, if the employee’s contract continues after the probationary period, they acquire full rights regarding all working conditions, benefits, and social security. If either party decides to terminate immediately after the probationary period, the termination must comply with the probationary conditions and legal limits; for example, the probationary period should not exceed the limits set by law, and termination should not be arbitrary. If the employee suffers an injustice during this period, they retain the right to claim their rights through legal proceedings.

 

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This blog post contains general information, not legal, financial, or investment advice. The content is prepared for informational purposes only, and you are advised to seek professional advice for your specific circumstances. The expressions in this article do not carry any binding nature or responsibility and reflect only the author’s evaluation. All your decisions are your responsibility, and Papel Electronic Money and Payment Services Inc. accepts no liability for any consequences arising from them.