Evaluation Of The Objective Condition In Fixed-Term Employment Contracts

I. INTRODUCTION

Although fixed-term employment contracts were initially accepted without any restrictions as a natural consequence of the principle of the contract freedom, the tendency to limit the fixed-term employment contract in order to protect the worker has emerged in legal systems since the 1960s, but later, in order to counter the increasing competition conditions with globalization, the need to protect businesses has emerged. As a result, in developed legal systems, including Turkey, there is an effort to create a delicate balance between the protection of workers and the need for flexibility of businesses in the establishment and renewal of fixed-term employment contracts.¹

According to the first paragraph of Article 11 of the Labor Law No. 4857 regulating the fixed-term employment contract, the contract will be deemed indefinite-term unless the employment relationship is made for a certain period of time, and a fixed-term employment contract is an employment contract