Which Documents Should Be Obtained from an Employee at Hiring? Employment Contract, Consents, Information Notices and Delivery Records

First determine the type of employment relationship

The right document list cannot be built until it is determined what work the employee will actually do, under whose management and for what pay. Full-time or part-time work, remote work, fixed or indefinite term, young workers, foreign employees and hazardous work all affect the outcome. Using the label of internship or consultancy does not by itself change the relationship if the real relationship has the nature of an employment contract.

Under Labor Law Art. 8, an employment contract is as a rule not subject to a special form; for contracts of one year or longer, written form is mandatory. Where there is no written contract, there is a separate statutory obligation concerning the issuing of the working-conditions document provided for by law. In fixed-term, remote-work or other special types of relationship, their own formal provisions should also be checked. The absence of a written contract does not mean that a person who actually works has no rights. [K01]

The practical content of a written contract

The parties, the start date, the duty, the workplace, the form of work, the pay and payment arrangements, any probation clause, applicable fringe benefits and the duration of the contract should be clear. Standard clauses that will not actually be applied should not be copied. If there are several workplaces, travel or remote work, their limits and the method of application should be clarified.

A job description is not a general authorization document allowing the employee to be made to do any kind of work without limit. Fundamental changes in working conditions are assessed separately within the framework of Art. 22. A broad acceptance sentence at hiring does not make all future changes automatically valid. [K01]

Fixed term and the probation clause must be used correctly

An end date alone is not enough for a fixed term

Under Art. 11, for fixed-term work, an objective condition is examined, such as the completion of a certain job or the occurrence of a certain fact. The employer’s mere preference to “try for a year first” does not in every case turn a continuing job into a fixed-term contract. In chain renewals, too, an assessment of the substantive reason is required. [K01]

It is important to link the reason for the term in the document to the real nature of the work. If there is a project, a temporary need for work or the situation of the person being replaced, documents on these should be preserved. The aim is not to create artificial assurance about the nature of the contract on the end date, but to record the real relationship correctly.

The probationary period is not uninsured or unpaid work

The probation clause in Art. 15 may, as a rule, be at most two months; with a collective labor agreement it can extend to four months. During the probationary period the parties may use the possibility of termination without a notice period and, within the framework of the law, without compensation; however, the employee’s wages for the days worked and other rights are reserved. Insurance coverage, occupational safety and the prohibition of discrimination apply in this period as well. [K01][K11]

It must be possible to prove that the probation clause was really agreed. It is not correct to have a document signed after the start of work that applies to a past period. For an employee who previously did the same job, the legal effect of a second probation clause should also be examined on the specific relationship.

Which document is obtained for what purpose?

The table is not a single, unchangeable personnel file list. As the nature of the work changes, so do the mandatory documents. For each document, the legal basis, the time it is requested, the person who verifies it and the place of storage should be determined.

Identity, health and criminal record information

Necessity and data minimization

Identity, address and contact details should be obtained to the extent connected with wage and social security obligations. It should not be assumed that every field on an identity photocopy is necessary for every process. Unnecessary requests for data about the candidate’s family, health, belief or financial situation do not become legitimate without limit on the ground of establishing an employment relationship. [K07]

Health report and professional competence

Under Law No. 6331, health surveillance and the fitness-for-work assessment are carried out according to the nature of the work. In hazardous and very hazardous workplaces, the prohibition on starting an employee without the relevant fitness-for-work report is important. For duties requiring vocational training or a qualification certificate, holding a diploma alone may not be enough. The authorized health service and document requirements should be checked according to the work. [K12]

Health data should not be opened to the access of all managers like ordinary administrative papers. The work restriction that human resources need to know for planning should be separated from the detail in the physician’s file. The processing of special categories of personal data required for occupational health and safety obligations is assessed under the current conditions of KVKK Art. 6 and adequate safeguards. [K07]

A criminal record cannot be requested without limit for every duty

Information on criminal convictions and security measures is special category data. Instead of collecting an archive of criminal records from all employees without reason and without time limit, the statutory obligation and necessity specific to the duty should be determined. That legislation creates an obstacle or a document obligation for some duties in the private sector does not mean that the same check will be made for all jobs.

Where there are special provisions, such as the new regulation in Law No. 7578 concerning certain workplaces with a high presence of children, the scope and the document renewal obligation should be examined separately under that provision. Ignoring the special regulation and extending its scope to all company personnel are both incorrect. [K02][K07]

Overtime and public holiday consents

Consent is not a waiver of pay and time limits

The overtime consent concerns the consent requirement for having overtime worked. The statutory working-time limits, the protected groups of employees and the right to pay apply separately. The limit of two hundred and seventy hours per year should be taken into account person by person. If the weekly contractual time is below forty-five hours, work in excess periods (fazla sürelerle çalışma) and overtime exceeding forty-five hours (fazla çalışma) and their different pay rates are distinguished. [K01][K15]

Writing “accepts any overtime” into the employment contract does not show that all overtime pay has been paid. The validity, limit and relationship to the specific wage of provisions claimed to be included in the wage are assessed separately. A signed consent does not replace the actual timesheet and the payment record.

A requirement of renewed consent every year should not be generalized

The current arrangement of the relevant Regulation provides for the consent to be obtained when the employment contract is made or when the need arises. The old annual-renewal explanation should not be repeated as an unchanging rule. The employee may withdraw the overtime consent given by written notice thirty days in advance. This request and the planning record that follows should be preserved. [K15]

Work on national and public holidays, in turn, is examined separately under Art. 44 in terms of the contract or the employee’s consent. All leave and holiday rights should not be made uncertain within a single document together with the overtime consent. Because not every workplace has the same work arrangement, a single ready-made consent package is not sufficient. [K01]

The KVKK information notice and explicit consent must be separated

The employee should be told which data is processed, for what purpose and on what legal ground, to whom it may be transferred, the method of collection and the employee’s rights. A record that the information notice was received does not mean that the employee gave explicit consent to all data processing. Where there is another basis, such as a statutory obligation or performance of a contract, mandatory consent should not be obtained merely out of habit. [K07]

For special categories of data in particular, the processing conditions amended in 2024 should be taken into account. A mandatory connection with an employment, occupational health and safety or social security obligation does not allow every health detail to be processed without limit. Purpose, proportionality, access and retention period should be managed together.

Separate purposes should not be combined in the same signature box

Keeping the personnel record, using a promotional photograph, biometric attendance control and transfer to a cloud service abroad are not the same purpose. Making acceptance for employment conditional on consenting to unnecessary data use may create problems of free will and legal basis. Each operation should be assessed under its own conditions.

Training, work equipment and delivery records

Training records should show real training

For occupational health and safety, equipment used, information security or duty-specific training, the content, date, trainer, attendance and, where needed, assessment records should be kept. Having a page signed at hiring does not take the place of training that was not actually given. The legislative obligations on the working time and cost of training should also be taken into account. [K12]

Delivery of equipment is not an automatic promissory note

When delivering a computer, telephone, card, vehicle or protective equipment, the nature of the item, its serial number, its current condition and the rules of use should be determined. The employee’s signature helps prove delivery; it does not give rise to fault-free, unlimited liability for every loss or breakdown. The employee’s fault, the hazard of the work, the conditions of training and supervision, and proof of loss are assessed separately. [K04]

Items returned on leaving should be recorded separately; a dispute over return should not be used as grounds for automatically blocking all wages. The conditions for a deduction from wages or set-off should be examined under the applicable law, not under a general text prepared unilaterally by the employer.

Records that should not be signed or that require special review

A blank resignation letter, a release obtained at hiring, a waiver of all future rights and a penalty clause only against the employee are not a safe document system. Turkish Code of Obligations (TBK) Art. 420 deems invalid a penalty clause placed in service contracts only against the employee. Penalty clauses that appear to be mutual are also examined separately for amount and balance of obligations. [K04]

Non-competition, confidentiality and training-expense agreements must also be assessed separately. Legitimate protection of secrets and a disproportionate restriction of the employee’s freedom to work are not the same. Writing a standard penalty amount without making concrete the real cost of the training given, whether it is specific to the person and any repayment conditions would not be sufficient.

Operational check for the first day of work

Before the employee actually starts work, the necessary social security notification and the health and training procedures should be checked. The rule that the 4/a entry declaration (işe giriş bildirgesi) is, as a general rule, submitted before the start of work, and the relevant sector-specific exceptions, are applied together with SGK’s current explanations. Probation is not a right to postpone the notification. [K11]

It is recommended that a copy of the contract and its annexes be given to the employee, that which version is valid in the file be determined, and that later changes be tracked separately. A document requiring the employee’s signature should not be confused with a draft sitting only on the employer’s computer. If a required document is missing, who will complete it and by what procedure should be determined; a missing date should not be written retroactively.

How does the document set change for special groups of employees?

The standard onboarding file is not the same for every employee and every duty. The place where the work is done, the work model, age, foreign status, health and safety risk and sectoral permits change the document set. An approach of “obtain every document from everyone” creates both unnecessary bureaucracy and personal data risk. [K01][K07][K11][K12]

Foreign employee

The passport, the foreign identity number and the work permit process should be tracked together with the employment contract, the SGK notification and the actual start date. That a permit application has been made does not mean that work can begin in every case. The type of permit, term, duty and employer details should be checked; amendment and extension dates should be calendared with a responsible person.

Remote or hybrid employee

In a remote-work arrangement, the place of work, the method of communication, equipment, expenses, data security, occupational health and safety information and the working-time record should be clarified. Unnecessary private-life data about the home environment should not be collected; proportionality should be established between the employer’s need for supervision and the employee’s privacy.

Employee with a disability, a young employee or one in a particularly risky job

Disability and health data should be processed only to the extent necessary for fitness for work, a statutory incentive or a protective measure. For child and young workers, age, working time and prohibited jobs; for hazardous or very hazardous work, vocational training and health fitness should be checked separately. Having a health report does not remove the risk assessment and the job-specific training obligation.

Duty-specific criminal record or security check

A criminal record certificate should be requested only where there is a statutory obligation or a necessity that can be explained concretely by the nature of the duty. Instead of keeping the document indefinitely for every employee, the purpose, access and retention period should be determined. The same approach applies to driving licenses, professional authorizations, private security identity cards or sector licenses.

Final check table for the first day of work

Conclusion

The quality of an onboarding system is not measured by the number of documents. The right type of relationship, a clear contract, the necessary health and notification procedures, lawful data processing and real delivery records should be established together. Instead of documents that try to transfer all future risks to the employee, a system that explains rights and obligations from the start strengthens the legal security of both the employer and the employee.

Frequently Asked Questions

Must every employment contract be in writing?

The general rule, the exceptions in Art. 8 and the formal provisions of special types of contract are assessed together. Although written form is not mandatory in every case, a clear record provides important proof. [K01]

Is insurance provided during the probationary period?

Yes. A probation clause does not remove social security and wage obligations. [K01][K11]

If a one-year contract is written, does the relationship become fixed-term?

Merely putting in a date is not enough; the objective condition and the real nature of the work are examined. [K01]

Is the overtime consent a waiver of the right to pay?

No. The consent to work does not replace the limits on pay and time. [K01][K15]

Can the overtime consent be withdrawn?

It can be withdrawn by written notice thirty days in advance, under the condition in the Regulation. [K15]

Does signing the KVKK information notice mean consenting to everything?

No. The information notice and explicit consent are different operations; the legal basis and purposes are determined separately. [K07]

Should a criminal record be requested from every employee?

The statutory obligation and necessity specific to the job should be examined. Standard collection without limit of special category data is not correct. [K07]

Does an assigned-items record put every loss on the employee?

No. Delivery, fault, loss and the conditions of liability are assessed separately. [K04]

Can a blank resignation letter or a release be obtained at hiring?

These documents are not a safe, valid general solution for a future intention to terminate and the settlement of receivables. [K04]

Is the signature on a training form enough?

Real training and content suited to the work are needed. A signature does not replace training that was never given. [K12]

Related Employment Law Guides

• How to Prepare an Employee Personnel File? Mandatory Documents, Retention, Access and KVKK: Documents in the employee personnel file, electronic file security, access authorizations, retention periods, destruction and KVKK obligations.
• Employment Law Guide for Employers: Document, Time Limit and Legal Risk Management from Hiring to Departure: Guide to document, time-limit and legal risk management in the contract, personnel file, leave, defense, termination and release processes from hiring to departure.
• Maternity and Nursing Leave for Employees (2026): Maternity Leave, Paternity Leave, Half-Time Work and Unpaid Leave: Guide to 2026 maternity leave, paternity leave, nursing leave, half-time work, unpaid leave, part-time work, and SGK and İŞKUR benefits.

Sources

K01 — Labor Law No. 4857; in particular Arts. 8, 11, 13, 15, 17–29, 32, 40–44, 53, 59, 74, 75 and 109, as amended by Laws No. 7555 and No. 7578. Review the source.

K04 — Turkish Code of Obligations No. 6098; in particular the provisions on the service contract, protection of personality, personal data and release (Arts. 417, 419 and 420). Review the source.

K07 — Personal Data Protection Law No. 6698; Arts. 4–7, 9–12. KVKK explanation on Special Categories of Personal Data; employment and occupational health and safety obligations under Art. 6 as amended by Law No. 7499. Review the source.

K11 — Social Security Institution (SGK), Employer’s Obligations; explanations on hiring, departure, record keeping and production of records. Review the source.

K12 — Occupational Health and Safety Law No. 6331, in particular Arts. 4, 15 and 17; Ministry of Labor and Social Security, General Directorate of Occupational Health and Safety, frequently asked questions. Review the source.

K02 — Law No. 7578 Amending the Social Services Law and Certain Other Laws; adopted 22.04.2026, in particular Arts. 15–18, provisional Art. 1 and the provisions on entry into force. Review the source.

K15 — Regulation on Overtime and Work in Excess Periods under the Labor Law; in particular Arts. 5, 8, 9 and 10, with the 2017 amendments. Review the source.