Termination During The Probationary Period In Turkey

Dismissal during the probationary period is not merely a process in which the parties may unilaterally and easily terminate the employment relationship; it is also a critical stage in which the mutual suitability of the employment relationship is tested and the legal boundaries of this process are defined. Establishing an employment contract with a probationary period gives the employer the opportunity to assess the employee’s competence, while also allowing the employee to experience the working conditions and workplace culture. However, the fact that this period provides an easier termination mechanism does not mean that the parties may act arbitrarily. Under Turkish law, dismissal during the probationary period is regulated under Article 15 of the Turkish Labor Code, and a significant portion of the disputes frequently encountered in practice arises from a misunderstanding of the legal nature of the probationary period.