Probationary periods and performance management via EOR in Turkey: Legal framework
- Natia Gabarashvili
- 6 days ago
- 12 min read
Table of contents:
TL;DR
Probation in Turkey is legally defined under Article 15 of Labor Law No. 4857, up to two months (or four under a collective agreement), and only valid if written into the employment contract.
Employees keep full rights, salary, benefits, SGK insurance, and protection from discrimination.
Termination must be in writing and reported to SGK within ten days.
Skipping any step can turn a legal probation into an unlawful dismissal.
Team Up’s EOR model handles contracts, payroll, SGK filings, and performance documentation so every hire stays compliant, bilingual, and audit-proof.
introdution
Hiring in Turkey looks easy on paper until you start looking at the law.
Under the EOR probationary period law in Turkey, probation isn’t a “trial run.” It’s a formal clause in the employment contract, tied directly to the country’s Labor Law No. 4857.
Handled correctly, it gives employers flexibility and structure. Handled casually, it becomes a compliance risk.
Probation is where the Turkish system demands clarity: clear contracts, defined duration, transparent evaluation, and lawful termination if things don’t work out.
That’s exactly where an Employer of Record (EOR) makes a difference.
Team Up manages every stage of probation for global companies hiring in Turkey, from drafting bilingual contracts to logging reviews, payroll filings, and employee transitions, all under local law.
No guessing, no gray areas, no “we’ll fix it later.”
Understanding probation periods under Turkey’s Labor Code
In Turkey, the probationary period is defined in Article 15 of Labor Law No. 4857.
It’s a mutually agreed period that lets both employer and employee assess each other before confirming permanent employment.
But this period is not automatic; it must be clearly stated in writing within the employment contract.
If probation isn’t mentioned, the hire is considered permanent from the first day of work.
The basics of probation under Turkish labor law
Duration: Up to two months, extendable to four months through a collective bargaining agreement.
Written requirement: Must be in the employment contract, signed by both sides before work starts.
Termination rights: Either party may end the contract during probation without notice or compensation, except for earned salary and benefits.
Full benefits: Even during probation, employees are entitled to full pay, insurance coverage, and workplace rights.
Probation is common across industries, especially in manufacturing, IT, and financial services, where companies need quick validation of skills before long-term commitment.
According to the Turkish Statistical Institute (TÜİK), around 65% of private employers include a probation clause in standard employment contracts.
It’s not about cutting corners. It’s about documenting performance legally.
Why probationary periods matter when hiring through an Employer of Record (EOR)
Turkey’s employment laws are straightforward but unforgiving.
Contracts must be filed in Turkish, registered with the Social Security Institution (SGK), and reflect local labor standards word for word.
Any deviation, like English-only text or missing clauses, can invalidate the contract.
That’s why international companies expanding into Turkey work with an Employer of Record (EOR) services in Turkey.
It’s not just a hiring shortcut; it’s a compliance partnership.
How Team Up’s EOR in Turkey handles probation compliance
When you hire through Team Up, every employment contract is structured according to Turkish law:
Bilingual contracts (Turkish + English) with the Turkish version as the legal reference.
Written probation clause aligned with Article 15.
Full registration of the employee with SGK for payroll and benefits.
Performance review reminders and documentation templates are built into the onboarding process.
Termination filings are handled through Team Up’s local entity if probation ends early.
That means no translation errors, no missed filings, and no risk of your “trial hire” turning into a permanent employee by default.
Probation under an Employer of Record (EOR) in Turkey gives both sides protection:
Employers gain control over evaluation and timing.
Employees gain transparency, clear expectations, lawful notice, and access to full benefits from day one.
Structuring a legally compliant probation period via EOR
A probationary period that isn’t written, signed, and registered isn’t valid; it’s that simple.
Under the EOR probationary period law in Turkey, all probation terms must appear in the employment contract and comply with Article 15 of the Labor Code.
Here’s how Team Up’s EOR model structures it:
Written clause: Every contract explicitly includes a probation clause before the start date. No retroactive agreements or side letters.
Defined duration: The standard probation in Turkey lasts two months. For roles covered by a collective bargaining agreement, it can extend to four months, but must be documented.
Objective performance criteria: Each contract outlines measurable goals — project completion, attendance, or role-specific performance standards — agreed upon during onboarding.
Termination rules: Either party may terminate employment during probation without notice, but the decision must still be written and documented. All earned wages, bonuses, and benefits must be paid.
Bilingual contracts: Turkish and English versions are issued, ensuring both parties understand their obligations. The Turkish version is used for SGK and labor inspections.
State registration: All employment contracts and probation clauses are filed with SGK (Social Security Institution) before work begins. This registration activates the employee’s insurance, payroll, and tax records.
EOR vs Direct Hire in Turkey
Process Area | Team Up EOR Model | Direct Hire by Foreign Employer |
Contract Language | Bilingual (Turkish + English) | Requires certified translation and notarization |
Legal Registration | Filed with SGK through Team Up | Must register independently |
Probation Clause | Pre-drafted, compliant with Article 15 | Risk of invalid or missing clause |
Termination Rules | Managed through Team Up’s HR and legal systems | Requires manual paperwork and filings |
Payroll & Tax Setup | Automated monthly compliance | A separate local accountant is required |
Compliance Liability | Assumed by Team Up | Full liability rests on the employer |
Time to Hire | 1–2 weeks | 4–6 weeks minimum |
Team Up’s EOR structure keeps you compliant from the first contract draft.
Everything, from clause wording to SGK filing, is done through a local entity that already meets Turkish labor standards.
Performance management during the probationary period
Probation is not a “risk-free trial.”
Under Turkish labor law, it’s a legally binding evaluation phase, where both sides test fit under equal conditions, pay, protection, and documentation included.
Article 18 of the Labor Code requires employers to maintain fairness and transparency during probation. That means tracking performance, providing feedback, and documenting progress.
Employer obligations under Turkish law
Regular written reviews: Employers should conduct at least one mid-probation review and a final evaluation. These reviews must be documented and acknowledged by both parties.
Clear communication of performance goals: Performance expectations, deadlines, sales targets, and collaboration must be defined in writing. Without documentation, termination decisions are difficult to defend in court.
Fair and documented feedback: Feedback should be constructive, written, and shared with the employee. If termination occurs, the documentation becomes the legal foundation for the decision.
Equal rights and protections: Employees on probation have full access to wages, benefits, and insurance. Deductions or delays violate Article 5 of the Labor Code, which enforces equal treatment.
How Team Up manages performance legally
Through its local EOR platform, Team Up tracks every probation milestone automatically.
Performance templates: Structured checklists for managers to evaluate progress.
Automated reminders: Alerts before each review deadline.
Secure documentation: Reviews and feedback sare tored within Turkey’s data jurisdiction, ready for inspection if needed.
Bilingual reporting: Ensures both parties understand outcomes in full context.
Team Up’s system turns documentation into protection. When your next audit or dispute arises, the evidence is already in place, signed, bilingual, and compliant.
Termination during or after the probation period (EOR rules)
Ending a job in Turkey isn’t something you can do with a quick Slack message or a goodbye coffee.
Even during probation, termination is a legal act, and Turkish labor law expects paperwork to match intent.
Under Article 17 of Labor Law No. 4857, either party may end employment during the probationary period without notice or severance, but only if it’s documented.
If you can’t show written proof of the probation clause or the notice itself, inspectors will treat the employee as permanent and the termination as unlawful dismissal.
So yes, probation gives you flexibility, but it doesn’t erase accountability.
The lawful path to termination in Turkey
Written notice (in Turkish): Termination must be communicated formally, signed by both parties, and dated. The reason doesn’t need to be dramatic; “performance below expectation” or “incompatibility with the role” is enough, but it has to exist on paper.
Documented feedback: Turkish courts pay attention to whether the employee had a fair chance to improve. If no written review or warning exists, an employee can still claim unfair treatment, even during probation.
Final payroll and social security closure: The employer must pay all outstanding wages, bonuses, and accrued leave immediately. The Social Security Institution (SGK) must be notified within ten days, updating the employment record to “terminated during probation.”
Official filing: The notice, payment slip, and SGK record together form the “termination packet.” Missing even one document could turn a lawful exit into a labor dispute.
How Team Up’s EOR model handles this automatically
When you hire through Team Up, your termination process runs like a compliance checklist, not a guessing game.
Bilingual termination notices (Turkish + English) are issued with proper legal wording.
Final payroll is calculated and processed through Team Up’s registered entity.
SGK and tax filings are completed the same week, ensuring no open liabilities.
Termination certificates are stored in the employee’s local HR file for audit readiness.
That’s what “risk-free flexibility” looks like in practice.
No drama, no delays, and no fines from the Labor Inspection Board.
Employee rights during probation in Turkey
Let’s get one thing straight: probation isn’t a legal gray zone. Employees on probation have the same rights as permanent employees under Turkish law. The only difference? Either side can walk away more easily.
Protected rights under the Labor Code
Full salary and benefits: From the first paycheck, the employee must receive their full salary, pension contributions, and tax filings through SGK.
Paid public holidays: Turkey recognizes 15 official holidays, and probationary employees are entitled to paid rest on those days.
Health and social insurance: Coverage starts immediately; probationary status doesn’t delay insurance activation.
Equal treatment and anti-discrimination: Article 5 of the Labor Code explicitly prohibits unequal treatment during probation. Pay, benefits, and working conditions must match those of other employees in similar roles.
In other words, probation isn’t a testing ground for “cheaper labor.” It’s a structured evaluation period with full protection baked in.
According to the Turkish Statistical Institute (TÜİK), over 40% of employer penalties in 2023 came from unregistered probationary hires, often from foreign-owned companies unaware of local filing requirements.
Team Up, as your EOR services provider in Turkey, eliminates that risk entirely. Every hire is registered from day one, with payroll, insurance, and tax compliance handled automatically.
How EORs like Team Up track performance legally
In Turkey, performance management isn’t about gut feeling; it’s about documentation.
Every performance conversation, every review, every outcome should be traceable.
Team Up’s EOR platform turns that into a built-in process, not an afterthought.
Here’s how it works:
Automated HR documentation: Every employee file includes the contract, onboarding checklist, probation goals, and review forms, all timestamped and bilingual.
Performance milestone tracking: Managers receive reminders before mid-probation and final reviews, keeping feedback cycles consistent.
Legal archiving within Turkish jurisdiction: All records are stored on local servers in compliance with Turkey’s Personal Data Protection Law (KVKK).
Instant audit readiness: If the Labor Inspection Board requests documentation, everything’s available within minutes.
With Team Up, employers don’t have to “hope” their records are compliant; they can show it.
Common mistakes foreign employers make in Turkey
Turkey’s labor law is clear, but execution trips up even experienced global HR teams.
Here’s what typically goes wrong:
English-only contracts: Turkish authorities only recognize contracts filed in Turkish. English versions are for reference, not legality.
Missing or invalid probation clause: If probation isn’t mentioned in writing, it doesn’t exist. The employee gains permanent status automatically.
Undocumented feedback: Dismissing someone without written feedback can lead to claims of unfair dismissal, even if they were “still in probation.”
Improper contractor classification: Some foreign companies classify full-time employees as “freelancers” to avoid probation rules, a direct violation of Labor Law No. 4857.
Team Up’s EOR framework fixes all of this from the start:
Contracts are bilingual and pre-vetted by local counsel.
Probation clauses are legally structured and registered.
Feedback is digitally logged for every probationary employee.
Contractor vs. employee classifications are verified under Turkish definitions.
In short, Team Up takes the legal red tape off your desk and replaces it with verified compliance.
Transitioning from probation to full employment
Probation in Turkey doesn’t end with fireworks or new paperwork. If no termination occurs, the employee automatically becomes permanent the next day, same contract, same terms, same legal rights.
But there’s a catch: your systems need to update that status officially.
When you manage hiring yourself, this means new SGK filings, payroll updates, and notice letters.
When you use Team Up’s EOR, it all happens automatically:
The payroll system updates the employee's status from probationary to permanent.
Social security records (SGK) are refreshed and confirmed.
Confirmation letter is issued, bilingual and timestamped.
Tax filings continue seamlessly, with no interruptions or double reporting.
You don’t have to lift a finger; just confirm the employee’s performance result, and Team Up handles the rest.
Scaling performance management beyond probation
Probation ends, but performance management doesn’t. Under Turkey’s Labor Law No. 4857, once an employee passes probation, you’re expected to keep evaluating them through structured, written systems, especially if those evaluations affect pay, promotions, or disciplinary actions.
This isn’t bureaucracy; it’s protection. For both employer and employee, documented performance is what separates good management from a potential labor dispute.
Why ongoing reviews matter
In Turkey, it’s common for disputes about unfair dismissal or bonus entitlement to be decided on one thing: paperwork.
If there’s no written record of how the employee performed or what feedback was given, inspectors or courts tend to side with the employee.
That’s why strong performance systems are less about motivation and more about compliance hygiene.
How Team Up builds structure after probation
Team Up’s platform keeps the EOR compliance in Turkey, following confirmation:
Automated review scheduling — Managers get prompts for 3-, 6-, and 12-month evaluations.
Legally formatted review templates — Bilingual forms that satisfy Turkish documentation norms.
Localized HR coaching — Guidance for foreign supervisors on how to write lawful, constructive feedback.
Permanent archiving — Every review is stored securely in Turkey under the Personal Data Protection Law (KVKK).
It’s not just about staying compliant. It’s about building a transparent performance culture that survives audits and scales with growth.
Why Team Up’s EOR model fits Turkey’s compliance culture
Turkey rewards companies that get compliance right, and fines the ones that improvise. Inspectors don’t care how global your brand is; they care whether your SGK filings, contracts, and probation notices exist and match.
Team Up’s EOR model is built for exactly that landscape, precise paperwork, bilingual accuracy, and zero delay between HR action and legal filing.
Regional strength with local focus
Operating across Turkey, Georgia, Armenia, and Azerbaijan, Team Up uses one regional compliance standard refined for each jurisdiction. That means you hire through a single framework but stay 100 percent aligned with Turkish law.
Inside Team Up’s compliance engine
Local entity coverage — Every contract issued and filed through Team Up’s Turkish company.
End-to-end payroll processing — Wages, taxes, and SGK updates submitted directly through local systems.
Legal translation accuracy — In-house bilingual experts ensure Turkish text matches English intent word-for-word.
Transparent inspection record — Over 300 EOR employees in Turkey are currently managed with zero compliance violations.
Final takeaways
Probation in Turkey is short, usually two months, but it demands precision.
The rules are black-and-white, and documentation is the line between flexibility and violation.
Put probation in writing before the first workday.
Register contracts with SGK; no “internal probation letters.”
Pay full wages and benefits throughout the period.
Keep feedback documented — even a single note can protect you later.
Use an EOR if you want to move fast without missing filings.
Team Up keeps every moving part, contracts, payroll, reviews, and terminations inside one compliant system.
You hire like a local company, but with the speed and simplicity of a global partner.
Because in Turkey, growth rewards the disciplined.
Team Up makes that discipline easy.
Frequently asked questions
1. What is a probationary period under Turkish labor law?
It’s a legally defined evaluation phase (Article 15 of Law No. 4857) allowing both sides to assess fit. It must be written into the employment contract before work begins.
2. How long is the probation period in Turkey?
Two months by default, or up to four months if a collective bargaining agreement allows it. Anything longer is unenforceable.
3. Do probationary employees get full benefits?
Yes. They receive full salary, paid holidays, and SGK coverage from day one. Probation can’t be used to delay pay or insurance.
4. Can an employer terminate during probation?
Yes, either party may end employment without notice or severance, provided the probation clause exists in writing and termination is documented.
5. What if the probation clause is missing from the contract?
Then there is no probation. The employee becomes permanent immediately and gains full termination protection under Article 17.
6. How does Team Up manage probation via EOR in Turkey?
Team Up drafts bilingual contracts, registers employees with SGK, tracks evaluations, and files every legal update automatically, keeping you compliant without a local HR team.
7. What does performance management mean during probation?
It’s a structured, documented process: written goals, mid-term and final reviews, and clear feedback. Verbal impressions don’t count under Turkish inspection standards.
8. What mistakes do foreign employers often make?
Common pitfalls:
English-only contracts
Undefined probation duration
No written feedback
Unregistered employees Each exposes the employer to fines. Team Up’s EOR system prevents all of them.
9. What happens after probation ends?
If neither party ends the contract, employment continues automatically as permanent. Team Up updates SGK records, payroll, and tax filings; no new paperwork is needed.
10. Why choose an Employer of Record (EOR) for hiring in Turkey?
Because Turkey’s compliance rules are strict and time-sensitive.Team Up’s EOR model gives you full legal coverage — contracts, payroll, probation management, and inspections handled locally — so you can scale safely and focus on growth.
Team Up: The simplest way to hire and manage teams in Turkey — legally, locally, and with zero compliance gaps.