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According to the labor force statistics published by the Turkish Statistical Institute (TÜİK) for 2024, 14.8% of total employment was in the agriculture sector, while 6.6% was in construction and 57.9% was in service sector.1 In Türkiye, sectors that constitute a significant share of total employment, such as agriculture, construction, tourism, and food, often experience high labor demand only during certain periods of the year. To meet this fluctuating demand, the seasonal employment model is frequently implemented in these sectors. This study aims to examine the legal nature and practical applications of seasonal employment contracts, as well as to summarize the main discussions on the subject, in light of the Labor Law numbered 4857 (“Labor Law”),2 its secondary legislation, Court of Appeals’s decisions, and relevant legal doctrine.
Although certain working conditions for seasonal employment are regulated under Turkish law3, there is no explicit statutory definition of seasonal work. Instead, the concept is shaped with judicial decisions and legal doctrine. Seasonal work refers to work that, by its very nature, can be performed only during specific periods of the year. In legal doctrine, seasonal work is defined as “work carried out in workplaces where the activity is conducted only during a certain period of the year, or where the activity continues throughout the year but intensifies during particular seasons”.4 Accordingly, seasonal employment contracts are described as “contracts concluded with the employees to perform work that occurs or is carried out at certain times of the year depending on the season and is repeated periodically.”5 In connection with the definition and practical application of seasonal work, a number of issues remain subject to debate.
Seasonal Employment Contract Types
Depending on the type of the seasonal employment contract, employee’s working conditions and entitlements may vary. Therefore, determining the legal characterization of a seasonal contract is of significant importance.
Article 9 of the Labor Law stipulates that employment contracts may be concluded for either a definite or an indefinite term; however, the general rule is that employment contracts are presumed to be of indefinite duration. As per Article 11 of the Labor Law, “Fixed-term employment contract is a written agreement between the employer and the employee based on objective conditions such as the completion of a specific task or the occurrence of a specific event”. With this provision, the legislator seeks to prevent employers from circumventing certain statutory obligations by entering into fixed-term employment contracts. Accordingly, the law requires the existence of an objective condition for the conclusion of such contracts. In this respect, it is a matter of scholarly debate whether the fact that a job can be performed only during certain periods of the year, by its very nature, constitutes an objective reason on its own.
According to one view in legal doctrine, a fixed-term employment contract may be concluded based on the mutual intention of the parties and the seasonal nature of the work. Another view argues that seasonal work should be considered as part of the employer’s ordinary business activity; therefore, there is no need for an objective reason that would justify the use of a fixed-term employment contract.
However, the prevailing opinion6 in legal doctrine considers the concentration of work during certain periods of the year to constitute an objective reason for concluding a fixed-term employment contract. Nonetheless, if such contracts are repeatedly renewed over multiple seasons, they should be deemed indefinite-term contracts. Indeed, the precedents of the General Assembly of the Court of Appeals align with this dominant doctrinal view.7
In light of the above, if a seasonal employee is employed for only one season and not rehired in the following season, the fixed-term nature of the contract remains valid. However, if the employee continues to be employed by the same employer in subsequent seasons, the contract will be deemed an indefinite-term employment contract. Both the prevailing view in legal doctrine and the Court of Appeals hold as per Article 11/2 of the Labor Law8 that, the seasonal nature of the work alone does not justify the use of successive fixed-term contracts.
Implementation and Controversial Issues of Seasonal Employment Contracts
Whether the employment contract was originally concluded as an indefinite-term seasonal contract or a fixed-term seasonal contract that has converted into an indefinite-term contract due to the absence of an objective or justified reason, in both cases, if the contract is not terminated at the end of the season, it remains suspended during periods in which the employee is not actively working. During the suspension period, the employee is not obligated to perform work, and the employer is not required to pay salaries or social security contributions. However, since the seasonal employment contract does not terminate during the suspension period, the parties’ other obligations under the contract, apart from their essential duties, continue to exist. In other words, ancillary obligations arising from the employment relationship remain fully or partially in effect during the suspension period. For example, the employee’s duty of loyalty, as well as the employer’s duties to protect and supervise the employee and to act fairly, shall remain during the suspension period, unlike the essential obligations.9
There is a specific provision in the legislation regarding the termination of seasonal contracts at the end of the season. As per Article 29/7 of the Labor Law10, dismissals made at the end of a season are not considered mass lay-off.
However, the scope of Article 29/7 of the Labor Law is not entirely clear. If a seasonal employee is employed under a fixed-term seasonal contract, the provision of Article 29/7 should not apply at the end of the contract period. Conversely, if the employee is employed under an indefinite-term seasonal contract, the contract is suspended at the end of the season unless it is formally terminated. In this regard, there is a divergence of opinion in the doctrine and the Court of Appeals practices as to whether Article 29/7 should apply.
In legal doctrine, it is emphasized that Article 29/7 of the Labor Law explicitly refers to “dismissal” and, therefore, is concerned with the termination of employees working in seasonal or campaign-based jobs, rather than the suspension of the contract. In some of its decisions, the Court of Appeals has held that indefinite-term seasonal employment contracts do not automatically terminate at the end of the season, but are merely suspended until the start of the next working period. In supporting this view, the Court of Appeals refers to the provision in Article 29/7 stating that “the provisions on collective mass lay-offs shall not apply at the end of the season,” noting that this supports the interpretation of the contract as being suspended rather than terminated.11 However, as stated in the doctrine, if a contract is already considered suspended, it is not technically terminated, and therefore the legislator would have no need to regulate this matter separately. For this reason, the Court of Appeals’s reliance on the aforementioned provision as a basis for the suspension of indefinite-term seasonal employment contracts is regarded in the doctrine as an approach that is not widely accepted.
Seasonal employees whose contracts are suspended should be reasonably notified before the start of the next season. Accordingly, the employer is required to inform the employee during the suspension period about the commencement of the new season. At the beginning of the new working period, the employer must reach out to the employees whose contracts are suspended and invite them to resume work. This communication by the employer does not constitute the formation of a new employment contract; it rather serves to summon the employee to fulfill their work obligations under the existing employment contract.12
Although there is no explicit regulation in the legislation regarding the procedure for inviting the employee to work before the new season, providing the notice in writing is important for evidentiary purposes. It is mandatory that the notice reaches the employee and that the employee is informed of the start of the season. If the employer fails to fulfill this obligation or does not invite the employee to work, it is regarded as a unilateral termination of the employment contract by the employer. Conversely, if the employee fails to respond to the call and does not commence work without a valid reason, the employment contract is deemed to have been unilaterally terminated by the employee.13
Termination provisions in seasonal employment contracts are generally subject to the standard rules of employment law. If an employee employed under a fixed-term seasonal contract for the first time has their contract terminated before the designated period without just cause, the employee would be entitled to payment for the remaining contract period and compensation for wrongful termination. On the other hand, the situation differs when the employment contract has converted into an indefinite-term contract or was concluded as indefinite from the outset. In indefinite-term contracts, if the employer does not summon the employee for the new season, the employee may be entitled to notice payment and to severance pay, if the eligibility requirements are satisfied.
There is a divergence of opinion in the doctrine regarding whether suspension periods should be included in the calculation of severance payment. One view argues that only the days actually worked should be counted14, while another opinion maintains that suspension periods should also be included in the length of service15. The Court of Appeals has adopted the first view, establishing the precedent that in seasonal employment, severance payment should be calculated solely based on the periods during which the employee actually worked.16
Seasonal employees occupy a different position compared to other employees with regard to annual paid leave. As per Article 53/3 of the Labor Law, seasonal employees are not granted the right to annual paid leave.17 Judicial decisions have held that if a seasonal employee has actually worked for more than 11 months within a year, they become eligible to annual leave; otherwise, they would not be eligible to such entitlement. The rationale for this regulation is explained by the fact that employees have the opportunity to rest during the suspension period.18
In conclusion, seasonal employment contracts are not explicitly regulated as a separate type of contract in the legislation. However, their nature and framework are shaped in light of doctrinal evaluations and decisions of the Court of Appeals, which is why seasonal employment contracts are regarded as a distinct type of contract. Whether a seasonal contract is fixed-term or indefinite may vary depending on the nature of the work and the employer’s practices. Accordingly, the procedures for termination, the rights of the employee, and entitlements to notice pay and severance pay differ based on the contract’s duration. It should be noted, however, that employees employed on a seasonal basis benefit from the same legal protections as other workers, and any violation of these obligations by the employer can result in significant compensation. The only exception concerns annual paid leave, for which seasonal workers are generally not entitled under the standard regime.
Footnotes
1. TÜİK, 2024 Labor Force Statistic, Access: https://data.tuik.gov.tr/Bulten/Index?p=Isgucu-Istatistikleri-2024-54059#:~:text=%C4%B0stihdam%20edilenlerin%20%14%2C8',sekt%C3%B6r%C3%BCn%C3%BCn%20pay%C4%B1%20ise%20de%C4%9Fi%C5%9Fim%20g%C3%B6stermedi. (Access Date: 29.09.2025).
2. Published in the Official Gazetted dated 10 June 2003 and numbered 25134.
3. Articles 29/7 and 53/3 of the Labor Law; Article 12 of the Annual Paid Leave Regulation.
4. Süzek, Sarper. Labor Law, Beta Printing, 2023, p. 270.
5. Yardımcıoğlu, Didem. Seasonal Employment Contracts in Turkish Labor and Social Security Law. On İki Levha Printing, 2020, p. 110
6. Gümrükçüoğlu, Yeliz Bozkurt. Fixed-Term Employment Contracts in Turkish Labor Law. Vedat Printing House, pp. 208-209; Kar, Bektaş. “Seasonal Work.” MESS-Sicil, 2006, p. 72; Yıldız, Gaye Burcu. “Seasonal Employment Contract.” Legal Labor Law and Social Security Law Journal, Edit 25, 2010, p. 45; Yardımcıoğlu, Didem. Seasonal Employment Contracts in Turkish Labor and Social Security Law. On İki Levha Printing, 2020, p. 138.
7. Court of Appeals General Assembly of Civil Chambers E. 2018/827 and K. 2018/1461 dated 18 October 2018: “Seasonal employment contracts may be concluded either for a fixed term or an indefinite term in accordance with Article 11 of the Labor Law No. 4857. A fixed-term employment contract concluded for a single season automatically terminates at the end of that season, in which case the employee is not entitled to notice pay or severance pay. Conversely, if a fixed-term seasonal employment contract is concluded between the employee and employer and the employment relationship continues in subsequent years through successive seasonal contracts, the contract will be deemed as an indefinite-term employment contract pursuant to the final paragraph of the aforementioned article.” (Similar: Court of Appeals General Assembly of Civil Chamber, E. 2018/179, K. 2018/683, 4 April 2018; Court of Appeals General Assembly of Civil Chamber, E. 2015/1115, K. 2015/2541, 11 November 2015.).
8. “A fixed-term employment contract cannot be consecutively renewed multiple times (chained) without a substantial reason; otherwise, the employment contract is considered to be of indefinite duration from the begining.”
9. Yardımcıoğlu, Didem. Seasonal Employment Contracts in Turkish Labor and Social Security Law. On İki Levha Printing, 2020, pp. 249-250.
10. “Regarding the dismissal of employees working in seasonal and campaign-based work, if the dismissal is based on the nature of such work, the provisions on mass layoffs shall not apply.”
11. Court of Appeals 9. Civil Chamber, E. 2011/31873, K. 2011/34505, 4 October 2011; Court of Appeals 9. Civil Chamber, E. 2010/30996, K. 2011/4469, 21.02.2011; Court of Appeals 9. Civil Chamber, E. 2007/33949, K. 2008/32108, 25.11.2008; Court of Appeals 7. Civil Chamber, E. 2013/4741, K. 2013/12001, 26 June 2013; Court of Appeals 7. Civil Chamber, E. 2014/4022, K. 2014/7769, 9 April 2014; Court of Appeals 7. Civil Chamber, E. 2015/7067, K. 2016/19345, 14 November 2016.
12. Kar, Bektaş. “Seasonal Work.” MESS-Sicil, 2006, page 74; Akı, Erol. “Working Issues in Seasonal Job.” page 255, Acces: https://www.tuhis.org.tr/pdf/5315.pdf.
13. Court of Appeals General Assembly of Civil Chambers E. 2017/1560, K. 2021/884, 1 July 2021: “In general, in seasonal employment, the employee must be called to work by the employer before the start of the season. If an employee whose contract is suspended is not summoned at the end of the suspension period for the new season, the employment contract is generally considered to have been terminated by the employer. If the employee fails to report to work despite being summoned, the contract may be deemed terminated either by the employer for just cause due to absenteeism or by the employee. Nevertheless, during the suspension period, the employment contract may be terminated by mutual agreement at any time, as there is no legal provision preventing this.” (Similar: Court of Appeals General Assembly of Civil Chambers E. 2016/603, K. 2020/462, 24 June 2020).
14. Çenberci, Mustafa. Labor Law Interpretation. Olgaç Printing, 5. Publish, p. 311.
15. Süzek, Sarper. Labor Law, Beta Printing, 2024, p. 802
16. Court of Appeals 22. Civil Chamber E. 2018/5510, K. 2018/12036, 17 May 2018: “If an employee has worked in seasonal jobs, severance pay should be calculated based on the periods during which the employee actually performed seasonal work. In other words, the time spent in suspension does not constitute actual work and, therefore, is not counted toward seniority for severance purposes.”
17. Due to their nature, employees working in seasonal or campaign-based jobs lasting less than one year are not subject to the provisions of this Law regarding annual paid leave.
18. Court of Appeals General Assembly of Civil Chambers E. 2016/2662, K. 2021/544, 29 April 2021: “In this case, the court held that once the employee has worked 11 months or more during a year under a seasonal employment contract, their work can no longer be classified as seasonal. Consequently, if annual leave pay has been awarded for the years following this 11-month period, the employee is entitled to annual leave only for the years in which they actually worked more than 11 months. Therefore, it is not appropriate to aggregate all days worked during the period and calculate annual leave pay based on the total.”
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