NEWSLETTER-2020-metin

334 NEWSLETTER 2020 must depend on an objective condition, such as the emergence of a particular phenomenon 2 . The reason why fixed-term and indefinite term employment contracts are subject to different conditions is that legal consequences related to the termination of an indefinite-term employment contract are more in favor of the employee. Therefore, regardless from the title/name of the contract, and whether a certain period of time is specified, contracts that do not satisfy the objective conditions prescribed in the Labor Law are con- sidered to be for an indefinite term. For the same reason, fixed-term employment contracts cannot be concluded successively unless there is a substantial cause. Otherwise, the employment contract is deemed to be for an indefinite term from the beginning 3 . In addition, the parties could also conclude a minimum term employment contract. In the minimum term employment contracts, the parties decide upon a minimum term, and cannot terminate the contract within this period. At the end of the anticipated (minimum) period, the contract does not end automatically. If one of the parties does not continue the contract at the end of the minimum period, the contract continues as an indefinite term contract 4 . Termination of Fixed-Term and Indefinite-Term Employment Contracts and Penalty Clause Fixed-term contracts expire automatically at the end of the an- ticipated term without a termination notice. Both fixed-term and indefinite-term employment contracts may also be terminated by the parties’ agreement by means of mutual agreement. However, employ- ment contracts often end through termination. Upon satisfaction of a condition set forth as a reason for immediate termination in the Labor Law, the parties may terminate the contract immediately. If such con- ditions are not satisfied, the party wishing to terminate the indefinite- term employment contract may terminate the contract by complying 2 Labor Law Article 11/2. 3 Labor Law Article 11/2. 4 Süzek, Prof. Dr. Sarper : İş Hukuku, 2018, p. 252.