Resignation During the Probationary Period and Employer Obligations

Share:

What Is a Probationary Period?

A probationary period is a period specified in an employment contract to allow the employee and the employer to evaluate their employment relationship during an initial period. During this period, both parties can assess whether the working conditions and employment relationship meet their expectations. For the employee, the probationary period provides an opportunity to become familiar with the scope of the job, the working environment, the employer's expectations, and the working conditions. For the employer, it provides an opportunity to evaluate the employee's adaptation to the job, the way they perform their duties, and their professional competence. For a probationary period to be valid, it is important that the employment contract contains a provision to this effect. Under Article 15 of the Turkish Labour Law, the probationary period in employment contracts containing a probationary clause may generally not exceed two months. However, this period may be extended to up to four months through collective bargaining agreements. The employment contract remains in force throughout the probationary period. Therefore, employees are entitled to the rights arising from labour legislation from the date they start work, and employers must continue to fulfil their relevant obligations.

Is It Possible to Leave a Job During the Probationary Period?

During the probationary period, both the employee and the employer have the right to terminate the employment contract. Under Article 15 of Labour Law No. 4857, either party may terminate the employment contract during the probationary period without observing a notice period or paying notice compensation. This provision means that, as a general rule, an employee who wishes to leave their job during the probationary period is not required to wait for the usual notice periods. Similarly, the employer may terminate the contract during the probationary period. However, exercising the right to terminate the contract does not eliminate other legal obligations. Wages for the days the employee has worked must be paid, any other entitlements that have accrued must be calculated, and the employee's departure must be reported to the Social Security Institution (SGK). In addition, the right to terminate an employment contract during the probationary period is not unlimited. The employer's termination must not violate the prohibition of discrimination or other relevant mandatory legal provisions.

How Can an Employee Leave Their Job During the Probationary Period?

An employee who wishes to leave their job during the probationary period may notify the employer of their intention to terminate the employment contract. Since compliance with the standard notice period is not required for termination during the probationary period under the law, the employee is generally not obliged to continue working for an additional two or four weeks. Nevertheless, it is important to manage the departure process clearly and in a way that can be documented. Providing written notice to the employer, determining the departure date, and documenting the return of any company property can help prevent potential disputes in the future.

The following points should be considered during the resignation process:

• Reviewing the employment contract: It should be checked whether the contract includes a probationary period and the date on which that period will end.

• Notifying the employer: The decision to leave the job should, if possible, be communicated in writing, with the departure date clearly specified.

• Returning company property: If applicable, the return of employer-owned equipment, such as computers, phones, access cards, keys, and similar items, should be completed.

• Checking wages and other entitlements: Payment for the days worked and the calculation of any other entitlements should be monitored.

• Checking SGK records: It is important to ensure that the employee's departure is reported with the correct date and information.

Documenting the departure process can make it easier to assess any disputes that may arise, particularly those concerning the termination date and outstanding wage payments.

Does an Employee Who Leaves a Job During the Probationary Period Have to Pay Notice Compensation?

If an employment contract is terminated during the probationary period, the parties may terminate the contract without being subject to a notice period, pursuant to Article 15 of Labor Law No. 4857. Therefore, as a general rule, notice compensation does not apply to terminations carried out while a valid probationary period is still in effect. For example, an employee whose employment contract includes a two-month probationary period may decide to leave the job during the first month. If the probationary period clause is valid, the employee is generally not required to complete the standard notice period or pay notice compensation for that period. However, the important point is that the termination must actually take place within a valid probationary period. Terminations carried out after the probationary period has ended may be subject to the general termination provisions. In addition, the nature of the employment contract and the specific circumstances of the case must also be taken into consideration.

What Are the Rights of an Employee Who Leaves a Job During the Probationary Period?

An employee who leaves a job during the probationary period does not lose their wages and other employment rights solely because the employment relationship lasted for a short time. Article 15 of Labor Law No. 4857 explicitly stipulates that the employee's wages and other rights for the days worked are protected. Accordingly, the employee's rights should be assessed based on the duration of employment and the specific circumstances of the case.

Wages for Days Worked

Even if an employee leaves the job during the probationary period, they are entitled to receive wages for the days they have actually worked. It is not lawful for an employer to withhold these wages on the grounds that the employee was in the probationary period. Wage calculations should take into account the days worked, the agreed-upon wage, and any legally applicable deductions. Any unpaid overtime wages and other outstanding wage claims, if applicable, should also be assessed in accordance with the relevant conditions.

Unused Annual Leave Entitlement

Under Labor Law No. 4857, the general rule is that an employee must complete at least one year of service at workplaces belonging to the same employer to become entitled to paid annual leave. Therefore, a person who has worked only during the probationary period generally does not acquire an entitlement to paid annual leave. However, previous periods of service, the nature of the employment relationship, and any applicable special provisions may require a different assessment.

Severance Pay Entitlement

The severance pay entitlement of employees who leave their jobs during the probationary period must be assessed in accordance with the conditions stipulated by the relevant legislation. As a general rule, severance pay requires at least one year of service, along with the other conditions prescribed by law. Therefore, an employee who leaves during the probationary period after working for only a few weeks or months would generally not be expected to qualify for severance pay. However, previous periods of service and special circumstances should be examined separately.

Social Security Coverage and SGK Rights

Employees working during the probationary period are also covered by social security legislation. The employer must submit the necessary social security notifications and fulfill the relevant premium payment obligations. The existence of a probationary period does not mean that an employee may be employed without social security coverage. Employment commencement notifications and premium declarations must be handled in accordance with the nature of the employment and the rules established by the applicable legislation.

What Are the Employer's Obligations During the Probationary Period?

The probationary period is not a period during which the employer's legal responsibilities toward employees cease to apply. As long as the employment relationship continues, the employer must fulfill obligations such as paying wages, submitting social security notifications, and implementing occupational health and safety measures.

1. Pay the Employee's Wages in Full

One of the employer's fundamental obligations is to pay the employee's wages for the days actually worked on time and in full. The employee's departure during the probationary period does not eliminate this obligation. When calculating wages, the employer must take into account the period worked, the agreed-upon wage, any overtime and other wage claims, and deductions required by law.

2. Submit the SGK Employment Commencement Notification on Time

Even if the employer hires an employee on a probationary basis, the employer must fulfill the relevant social security obligations. As a general rule, for employees covered under Article 4(a), the employment commencement notification must be submitted to the Social Security Institution (SGK) at least one day before the employee starts work. Exceptions may apply in certain circumstances under the legislation. The fact that an employee is expected to leave during the probationary period does not constitute a valid reason for failing to submit the employment commencement notification. The employer must ensure that the employee's social security procedures are carried out properly from the date employment begins.

3. Prepare the Employment Termination Notification

When an employment contract ends during the probationary period, the employer must prepare the SGK employment termination notification. As a general rule, for employees covered under Article 4(a), the notification must be submitted to the SGK within ten days following the date on which the employment contract ends. In addition to submitting the notification on time, it is important to accurately state the employment termination date and the reason for termination. Incorrect or incomplete information may cause problems in the employee's social security records.

4. Implement Occupational Health and Safety Measures

Employees working during the probationary period are also protected by occupational health and safety legislation. The employer must assess workplace risks, provide the necessary information and training, supply appropriate protective equipment, and establish a safe working environment. The fact that an employee will work for only a short period does not eliminate these obligations. Taking the necessary safety precautions before work begins is particularly important in high-risk jobs.

5. Comply with Working Conditions and the Prohibition of Discrimination

Throughout the probationary period, the employer must ensure that the working conditions applied to the employee comply with labor legislation. The employee's rights concerning wages, rest periods, working hours, and occupational health and safety must be protected. Furthermore, when exercising the right to terminate the employment contract, the employer must observe the prohibition of discrimination and other mandatory rules of law. The probationary period cannot be used as a means of legitimizing unlawful practices.

6. Complete Employment Termination Procedures and Documentation

When the employment relationship ends, the employer must complete the wage calculation and the necessary personnel procedures. Maintaining organized workplace records relating to the employee, collecting company assets, and retaining the necessary documents are important responsibilities for the employer. Any documents the employee may request and other required procedures must be assessed in accordance with the legislation in force.

How Are SGK Procedures Handled When an Employee Leaves During the Probationary Period?

When an employee leaves during the probationary period, SGK procedures must be carried out in accordance with the applicable legislation, just as they are in other employment termination cases. First, the employer must verify that the employee's employment commencement notification was submitted on time and that the social security records have been maintained accurately. When the employment contract ends, an employment termination notification must then be prepared and submitted to the SGK. The employment termination date and reason must be stated accurately in the notification.

The main points the employer should check are as follows:

• Ensuring that the employment commencement notification was submitted within the statutory period.

• Calculating wages and social security premiums for the days worked.

• Determining the correct employment termination date.

• Submitting the employment termination notification within the statutory period.

• Completing the relevant records in the employee's personnel file.

Failure to carry out these procedures correctly or completely may result in administrative sanctions under the applicable legislation and disputes between the employee and the employer.

Conclusion

The probationary period is a period that allows both the employee and the employer to evaluate the employment relationship. However, this period does not mean that the legal rights and obligations of either party cease to apply. Under Article 15 of Labor Law No. 4857, the parties may terminate the employment contract during a valid probationary period without being subject to a notice period and, as a general rule, without paying notice compensation. Nevertheless, the employee's wages for the days worked and other applicable rights remain protected. The employer must submit SGK notifications on time, declare social security premiums in accordance with the legislation, and fulfill occupational health and safety obligations. It is important for both employees and employers to consider the scope of the probationary period, the provisions of the employment contract, and the relevant legislation. Properly managing the termination process helps protect the rights of both parties and prevent potential disputes in the future.