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General Service Agreement

GENERAL SERVICE AGREEMENT

(Turkish Code of Obligations, Article 393 and subsequent articles)

1. Parties and Definitions

1.1. Employer: [Title/Name Surname], [MERSİS/Turkish Republic Identity Number], Address: [address]
1.2. Employee: [Name Surname], Turkish Republic Identity Number: [●], Address: [●]
1.3. Definitions:

  • Job: This contract encompasses all duties, tasks, and responsibilities that the Employee will perform in accordance with the Employer's instructions.

  • Wage: The monthly gross wage and any fringe benefits to be paid by the employer to the employee in accordance with Article 402 of the Turkish Code of Obligations and related legislation.

2. Nature and Legal Basis of the Agreement

2.1. This contract is a service contract in accordance with Articles 393 et ​​seq. of the Turkish Code of Obligations . The employee undertakes to perform work subject to the employer's work organization and instructions ; the employer undertakes to pay wages. 2.2. This contract shall be applied subject to the mandatory provisions of the Labor Law No. 4857 and related secondary legislation. In case of any violation of mandatory provisions, the relevant provisions shall apply. 2.3. This text is not a contract for work/agency in terms of its nature or scope .

3. Job Description, Subject of Work and Work Location

3.1. The employee works in the [position/title] position, primarily within the framework of the employer's written instructions or instructions arising from the nature of the work, in accordance with the law and the principle of good faith (Turkish Code of Obligations, Articles 396, 399). 3.2. The main place of work is [address] , and temporary assignments [within or outside the city/country] may be made for reasonable and justified reasons that the employer deems necessary for the work . 3.3. The employee performs their work diligently and personally; they cannot delegate it (Turkish Code of Obligations, Articles 390/1, 398).

4. Duration

4.1. [Select] This is an indefinite or fixed-term contract.
4.2. If fixed-term, start: [●], end: [●]; this period may be extended by written agreement if there are objective reasons.

5. Working Hours and Overtime

5.1. The total normal weekly working time is [maximum 45] hours; the daily distribution is determined by the Employer according to the requirements of the job. 5.2. Overtime work is performed within the limits of the legislation and with the consent of the Employee; it is compensated/recognized as overtime pay or free time . 5.3. Work on national holidays and public holidays is compensated in accordance with the legislation.

6. Fees and Payment Terms

6.1. The employee's monthly gross wageis [●] TL. Wages are paid via bank transfer on [●] days of each month (Turkish Code of Obligations, Article 402).
6.2. Ancillary benefits: [transportation/meal/bonus/incentive/private health insurance, etc.] conditions and amounts: [●].
6.3. Wage deductions can only be made in cases and amounts permitted by legislation (Turkish Code of Obligations, Article 407).
6.4. Bonus/performance payments are dependent on internal policy or target achievement, if any; vested rights .

7. Trial Period

7.1. The parties have agreed on a probationary period [maximum 2 months; 4 months with a collective bargaining agreement]. 7.2. During the probationary period, the parties have the right to terminate the contract without giving cause and without waiting for the notice period ; the employee's earned wages and benefits up to that date shall be paid

8. Employer's Responsibilities

8.1. Payment of wages (Turkish Code of Obligations, Article 402), equal treatment, occupational health and safety measures, social security notifications and registration obligations.
8.2. Provision of necessary tools and equipment for performing the work ([work clothes, equipment] – unless otherwise agreed).
8.3. Protection of personal data (KVKK) and respect for the employee's private life (Turkish Code of Obligations, Article 419).

9. Employee Responsibilities

9.1. To perform one's duties personally and diligently (Turkish Code of Obligations, Article 396), to comply with instructions, and to adhere to work discipline. 9.2. To comply with workplace regulations and occupational safety rules; to participate in necessary training. 9.3. Not to perform other work during working hours without the employer's approval; to avoid conflicts of interest. 9.4. To refrain from actions that harm the employer's legitimate interests; if damage occurs, the employee is liable for compensation in accordance with the provisions of the Turkish Code of Obligations.


10. Permissions and Continuation

10.1. Annual paid leave, excused absences, and sick leave shall be granted in accordance with relevant legislation.
10.2. Reports and excuses shall be immediately and documentedly reported to the Employer.
10.3. Disciplinary measures shall be applied in cases of absenteeism.

11. Expenses and Advances

11.1. Necessary and documented expenses for the performance of the work will be covered with the Employer's approval and upon submission of supporting documents.
11.2. Advance payments may be given in proportion to the work and subject to offsetting.

12. Intellectual and Industrial Property Rights

12.1. Unless otherwise agreed in writing , the rights to use and financially support works, inventions, designs, and other outputs created by the employee during the performance of their work belong to the employer (provisions of the Law on Intellectual and Artistic Works and the Industrial Property Law are reserved). 12.2. The employee is obligated not to infringe the rights of third parties; in case of infringement, liability provisions shall apply.

13. Privacy and Trade Secrets

13.1. The employee agrees to keep confidential all technical, commercial, financial information and trade secrets relating to the Employer, customers and business relations for the duration of this contract and for a period of [2 years] after its termination (Turkish Code of Obligations, Article 396/2). 13.2. Breach of confidentiality shall result in liability for penalties and damages (see Article 17).

14. Protection of Personal Data (KVKK)

14.1. The parties shall comply with Law No. 6698 and its secondary regulations.
14.2. The employee declares that they have read and understood the information text and explicit consent statements; and that they accept the processing of their personal data to the extent required by the job.

15. Non-Compete Clause (Turkish Code of Obligations, Articles 444–447) – [Optional]

15.1. The employee agrees not to compete within the [regional area] in the same line of business as the Employer, for a period of [maximum 2 years] from the termination of the contract, in a manner that would substantially endanger the legitimate interests of the Employer. 15.2. The non-compete clause is limited in terms of duration, location, and subject matter in a proportionate manner. In judicial review, the judge may narrow down or invalidate excessive provisions (Turkish Code of Obligations, Article 445). 15.3. In case of breach of the non-compete clause , a penalty of [● TL] and compensation for additional damages may be demanded (Turkish Code of Obligations, Article 446).

16. Records, Equipment, and Returns Related to the Employment Relationship

16.1. The Employer remains the owner of all devices, documents, cards, tools, and data delivered by the Employer.
16.2. Upon termination, all entrusted items and data immediately and in full; copies shall be destroyed.

17. Penalty Clause and Indemnification

17.1. In cases where a penalty clause is explicitly stipulated in this contract (e.g., violations of Articles 13 and 15), the Employee agrees to pay the penalty of [● TL] in cash and in full. 17.2. Payment of the penalty does not preclude a claim for additional damages (Turkish Code of Obligations, Article 180). The judge may reduce an excessive penalty clause (Turkish Code of Obligations, Article 182).

18. Force Majeure

18.1. Obligations are suspended in the event of unforeseen and unavoidable circumstances beyond the control of the parties temporarily make performance impossible (natural disaster, war, general strike, large-scale cyber attack, etc.).
18.2. [30] days, the parties may exercise their right to terminate.

19. Termination and Notifications

19.1. indefinite-term contract, the parties justifiable reasons by adhering to the notice periods.
19.2. immediate termination for justifiable reasons are subject to the limited number of regulations in the legislation (Turkish Code of Obligations, Article 435; Labor Law, Articles 24-25).
19.3. Notifications are made in writing; KEP (Registered Electronic Mail), notary public, or hand delivery against signature are valid methods of notification.
19.4. Upon termination, the employer prepares and pays all accounts and documents arising from the law in a timely manner.

20. Mediation and Judicial Remedies

20.1. In case of employee-employer disputes arising from this contract , mandatory mediation shall apply in accordance with Law No. 7036. 20.2. In case of unresolved disputes, the [Istanbul (Kartal/Küçükçekmece) Labor Courts] and Enforcement Offices shall have jurisdiction.

21. Miscellaneous Provisions

21.1. Principle of Equal Treatment: The employer cannot discriminate between employees in equal situations without justifiable and objective reasons. 21.2. Transfer and Assignment: The employee cannot transfer their entitlements under this contract without the employee's written consent; the employer may transfer the contract within the framework of legislation in the context of a change of workplace/organization. 21.3. Integrity: This contract and its annexes (job description, wage policy, OHS instructions, GDPR disclosure text, etc.) constitute a whole. 21.4. Amendment: The contract cannot be amended unless in writing. 21.5. Effective Date: Signed in two copies on [●] and entered into force.



EMPLOYER
Title/Signature: ____________________ Date: //____

EMPLOYEE
Name/Surname: ________________ Date: //____

Appendices:
Appendix 1 Job Description and Performance Targets
Appendix 2 Salary and Benefits Table
Appendix 3 Occupational Health and Safety Instructions and Training Participation Form
Appendix 4 Personal Data Protection Law Information Text and Explicit Consent (if required)
Appendix 5 Equipment Assignment Form

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