İngilizce İş Sözleşmesi Örneği – A sample Employment Contract

Günlük hayatta en çok hazırlanan hukuki belgelerden biri de İş Sözleşmeleridir. Bu yazımızda İş Sözleşmelerine ait terimleri İngilizce karşılıklarını ve örnek bir İş Sözleşmesini inceleyebilirsiniz.

İş Sözleşmesi,

İş sözleşmesi bir tarafın ( işçi ) bağımlı olarak iş görmeyi, diğer tarafın
( işveren ) da ücret ödemeyi üstlenmesinden oluşan sözleşmedir.
İş sözleşmesi özel bir şekle tâbi değildir.
Süresi bir yıl ve daha fazla olan iş sözleşmelerinin yazılı şekilde yapılması
zorunludur.
İş sözleşmeleri damga vergisi ve her çeşit resim ve harçtan muaftır.
Taraflar iş sözleşmesini, İş Kanunu hükümleriyle getirilen sınırlamalar
saklı kalmak koşuluyla, ihtiyaçlarına uygun türde düzenleyebilirler.

DEFINITION AND FORM

ARTICLE 8. – Employment contract is an agreement whereby one party (the employee) undertakes to perform work in subordination to the other party (the employer) who undertakes to pay him remuneration. The employment contract is not subject to any special form unless the contrary is stipulated by the Act.

Written form is required for employment contracts with a fixed duration of one year or more, Such written documents are exempt from the stamp tax and all kinds of fees.

Tanım ve şekil

Madde 8 – İş sözleşmesi, bir tarafın (işçi) bağımlı olarak iş görmeyi, diğer tarafın (işveren) da ücret ödemeyi üstlenmesinden oluşan sözleşmedir. İş sözleşmesi, Kanunda aksi belirtilmedikçe, özel bir şekle tâbi değildir.

Süresi bir yıl ve daha fazla olan iş sözleşmelerinin yazılı şekilde yapılması zorunludur. Bu belgeler damga vergisi ve her çeşit resim ve harçtan muaftır.

EMPLOYMENT CONTRACT FOR A DEFINITE (FIXED) TERM AND FOR AN INDEFINITE (OPEN-ENDED) TERM

ARTICLE 11 – An employment contract is deemed to have been made for an indefinite period where the employment relationship is not based on a fixed term. An employment contract for a definite period is one that is concluded between the employer and the employee in written form, which has a specified term or which is based on the emergence of objective conditions like the completion of a certain work or the materialisation of a certain event.

Belirli ve belirsiz süreli iş sözleşmesi

Madde 11 – İş ilişkisinin bir süreye bağlı olarak yapılmadığı halde sözleşme belirsiz süreli sayılır. Belirli süreli işlerde veya belli bir işin tamamlanması veya belirli bir olgunun ortaya çıkması gibi objektif koşullara bağlı olarak işveren ile işçi arasında yazılı şekilde yapılan iş sözleşmesi belirli süreli iş sözleşmesidir.

Information to be included in a contract

A written contract should be signed by both employer and employee; it should include the following information:

Employing company’s business name, employer’s name and address of the workplace
Worker’s name, social security number and residential address
Work start date and duration of trial period
Term of the contract (indefinite or termination date)
Work hours and the period (daily, monthly)
Description of the job and employee’s responsibilities
Employer’s responsibilities
Details of salary, overtime, payment terms and annual leave
Termination rules
Other special conditions

EMPLOYMENT AGREEMENT

This Employment Agreement (this “Agreement”) is made effective as of [Sözleşme Başlangıç Tarihi], by between [(İŞVEREN) Adı-Ünvanı] and [(İŞÇİ) Adı].

WHEREAS

A. (İŞVEREN) is engaged in the business of (İŞİN TÜRÜ-NİTELİĞİ). (İŞÇİ) will primarily perform the job duties at the following: (İŞ ADRESİ)
B. (İŞVEREN) desires to have the services of (İŞÇİ).
C. (İŞÇİ) is an at will employee of (İŞVEREN). Either party is able to terminate the employment agreement at any time.

Therefore, the parties agree as follows:

*Definite/fixed-term (Belirli süreli) employment:

Indefinite/open-ended (Belirsiz süreli) employment:

Temporary work (Geçici iş/görev):

Full-time (Tam süreli) employment:

Part-time (Kısmî süreli) employment:

On-call work (Çağrı üzerine çalışma)

project-based employment (Proje bazlı Çalışma):

1.EMPLOYMENT. (İŞVEREN) shal employ (İŞÇİ) as a(n) (İŞÇİ)NİN İŞ ÜNVANI. (İŞÇİ) shall provide to (İŞVEREN) the services described on the attached Exhibit A(İŞ TANIMLARINA AİT EK LİSTE), which is made a part of this Agreement by this reference. (İŞÇİ) accepts and agrees to such employment and agrees to be subject to the general supervision, advice and direction of (İŞVEREN) and (İŞVEREN)’s supervisory personnel.

(İŞÇİ) shall also perform (i) such other duties as are customarily performed by an employee in a similiar position, and (ii) such other and unrelated services and duties as may be assigned to (İŞÇİ) from time to time by (İŞVEREN).

2. BEST EFFORTS OF EMPLOYEE. (İŞÇİ) agrees to perform faithfully, industriously, and to the best of (İŞÇİ)’s ability, experience, and talents, all of the duties that may be required by the express and implicit terms of this Agreement, to the reasonable satisfaction of (İŞVEREN). Such duties shall be provided at such place(s) as the needs, business, or opportunities of (İŞVEREN) may require from time to time.

3. COMPENSATION OF EMPLOYEE. As compensation for the services provided by (İŞÇİ) under this Agreement, (İŞVEREN) will pay (İŞÇİ) an salary of (İŞÇİ ÜCRET MİKTARI) payable monthly on the (AYIN KAÇINCI GÜNÜ) day of each month and subject to applicable state withholding. Upon termination of this Agreement, payments under this paragraph shall cease; provided, however, that (İŞÇİ) shall be entitled to payments for periods or partial periods that occured prior to the date of termination and for which (İŞÇİ) has not yet been paid, and for any commission earned in accordance with (İŞVEREN)’s customary procedures, if applicable. This section of the Agreement is included only for accounting and payroll purposes and should not be construed as establishing minimum or definite term of employment.

4 . COMMISSION PAYMENTS. In addition to the payments under the preceding paragraph. As an alternative to the payments under the preceding paragraph, (İŞÇİ) may receive commission payments in lieu of regular compensation for any particular pay. (İŞVEREN) will make commission payments to (İŞÇİ) based on performance. This commission will be paid monthly on the third day of the following month. Upon request by (İŞÇİ), (İŞVEREN) will make advances against expected commissions in accordance with (İŞVEREN) ‘s usual policies.

Accounting. (İŞVEREN) shall maintain records in sufficient detail for purposes of determining the amount of the commission. (İŞVEREN) shall provide to (İŞÇİ) a written accounting that sets forth the manner in which the commission payment was calculated.

Right to Inspect. (İŞÇİ) , or (İŞÇİ) ‘s agent, shall have the right to inspect (İŞVEREN) ‘s records for the limited purpose of verifying the calculation of the commission payments, subject to such restrictions as (İŞVEREN) may reasonably impose to protect the confidentiality of the records. Such inspections shall be made during reasonable business hours as may be set by (İŞVEREN).

5. RECOMMENDATIONS FOR IMPROVING OPERATIONS. (İŞÇİ) shall provide (İŞVEREN) with all information, suggestions, and recommendations regarding (İŞVEREN) ‘s business, of which (İŞÇİ) has knowledge, that will be of benefit to (İŞVEREN).

6. CONFIDENTIALITY. (İŞÇİ) recognizes that (İŞVEREN) has and will have information regarding the following:
– inventions
– products
– product design
– processes
– technical matters
– trade secrets
– copyrights
– customer lists
– prices – costs
– discounts
– business affairs
– future plans
and other vital information items (collectively, “Information”) which are valuable, special and unique assets of (İŞVEREN). (İŞÇİ) agrees that (İŞÇİ) will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any Information to any third party without the prior written consent of (İŞVEREN) . (İŞÇİ) will protect the Information and treat it as strictly confidential. A violation by (İŞÇİ) of this paragraph shall be a material violation of this Agreement and will justify legal and/or equitable relief.

7. UNAUTHORIZED DISCLOSURE OF INFORMATION. If it appears that (İŞÇİ) has disclosed (or has threatened to disclose) Information in violation of this Agreement , (İŞVEREN) shall be entitled to an injunction to restrain (İŞÇİ) from disclosing, in whole or in part, such Information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed. (İŞVEREN) shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.

8. CONFIDENTIALITY AFTER TERMINATION OF EMPLOYMENT. The confidentiality provisions of this Agreement shall remain in full force and effect for a period of 1 YEAR after the voluntary or involuntary termination of (İŞÇİ) ‘s employment. During such period, neither party shall make or permit the making of any public announcement or statement of any kind that (İŞÇİ) was formerly employed by or connected with (İŞVEREN).

9. NON-COMPETE AGREEMENT. (İŞÇİ) recognizes that the various items of Information are special and unique assets of the company and need to be protected from improper disclosure. In consideration of the disclosure of the Information to (İŞÇİ), (İŞÇİ) agrees and covenants that during his or her employment by (İŞVEREN) and for a period of ….. YEAR following the termination of (İŞÇİ) ‘s employment, whether such termination is voluntary or involuntary, (İŞÇİ) will not directly or indirectly engage in any business competitive with (İŞVEREN).

This covenant shall apply to the geographical area that includes (REKABET ETMEME HÜKMÜNÜN GEÇERLİ OLDUĞU COĞRAFİ KONUM) . Directly or indirectly engaging in any competitive business includes but is not limited to: (1) engaging in a business as owner, partner, or agent, (ii) becoming an employee of any third party that is engaged in such business, (iii) becoming interested directly or indirectly in any such business, or (iv) soliciting any customer of (İŞVEREN) for the benefit of a third party that is engaged in such business. (İŞÇİ) agrees that this non-compete provision will not adversely affect (İŞÇİ) ‘s livelihood.

10. TERM/TERMINATION. (İŞÇİ) ‘s employment under this Agreement shall be for an unspecified term on an “at will” basis. This Agreement may be terminated by (İŞVEREN) upon ….. WEEKS written notice, and by (İŞÇİ) upon …. WEEKS written notice. If (İŞVEREN) shall so terminate this Agreement , (İŞÇİ) shall be entitled to compensation for ….. MONTH beyond the termination date of such termination, unless (İŞÇİ) is in violation of this Agreement . If (İŞÇİ) is in violation of this Agreement , (İŞVEREN) may terminate employment without notice and with compensation to (İŞÇİ) only to the date of such termination. The compensation paid under this Agreement shall be (İŞÇİ) ‘s exclusive remedy.

11. COMPLIANCE WITH EMPLOYER’S RULES. (İŞÇİ) agrees to comply with all of the rules and regulations of (İŞVEREN).

12. RETURN OF PROPERTY. Upon termination of this Agreement , (İŞÇİ) shall deliver to (İŞVEREN) all property which is (İŞVEREN) ‘s property or related to (İŞVEREN) ‘s business (including keys, records, notes, data, memoranda, models, and equipment) that is in (İŞÇİ) ‘s possession or under (İŞÇİ) ‘s control. Such obligation shall be governed by any separate confidentiality or proprietary rights agreement signed by (İŞÇİ).

13 . NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or on the third day after being deposited in the United States mail, postage paid, addressed as follows:(TARAFLARIN ADRES BİLGİLERİ)

14. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

15. AMENDMENT. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties.

16. SEVERABILITY. If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

17. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

18. APPLICABLE LAW. This Agreement shall be governed by the laws of the Republic of Turkey.

19. SIGNATORIES. This Agreement shall be signed by (İŞVEREN), Manager on behalf of (İŞVEREN) and by (İŞÇİ) in an individual capacity. This Agreement is effective as of the date first above written.