# Personnel Records Management

> We manage your employees' contracts, personnel files, leave tracking and statutory notification obligations in line with the Labor Law.

Source: https://sinemyavuz.com.tr/en/services/personnel-records
Author: Sinem Yavuz, Certified Public Accountant (SMMM) — SMMM Sinem Yavuz: Finance, Accounting & Advisory Office

Personnel records management is one of the most neglected areas of a business — until a dispute makes it the most critical. An incomplete or improperly drafted employment contract can leave a business exposed in a future employer-employee dispute.

## What's Included

**Employment contract preparation:** We draft fixed-term, indefinite-term, or part-time employment contracts in line with the Labor Law and tailored to your business's needs.

**Personnel file management:** We create and maintain the file legally required for each employee, including ID copies, health reports, contracts, and proof of residence.

**Leave and absence tracking:** Correctly calculating annual leave entitlements and tracking used versus unused leave ensures accurate severance and leave payouts if an employee leaves.

**Statutory notifications:** We ensure required legal notifications are filed on time for hiring, termination, and contract changes.

## Why It Matters

When a labor dispute goes to court, an employer's strongest defense is well-maintained personnel records. Undocumented leave usage or unclear contract terms can leave a business unfairly exposed.

## How We Support This

For clients with employees, we start a standard personnel file process for every new hire, and manage contracts and notifications in coordination with SGK and payroll processing.

## Who Is It For?

- Businesses hiring for the first time that want to set up contracts and files properly from the start
- Companies whose personnel files are incomplete or scattered
- Employers who want to track annual leave entitlement and use consistently
- Businesses that want to handle departures with complete documentation

## When a Different Route Is Needed

- Occupational health and safety obligations (risk assessment, safety training, workplace physician) are carried out by authorised specialists or OSGBs under Law No. 6331.
- When a dispute with an employee arises, mandatory mediation and court proceedings fall within legal services; a well-kept personnel file becomes the key evidence in that process.

## Frequently Asked Questions

### Must the employment contract be in writing?

Employment contracts of 1 year or longer must be made in writing (Labour Law, Art. 8). If no written contract has been made, the employer must give the employee a written document within 2 months at the latest showing the general and specific working conditions, working hours, pay and termination conditions. In a dispute, a written contract is the strongest evidence for both parties.

### What is the maximum probation period?

The probation period in an employment contract is at most 2 months and can be extended to 4 months by a collective agreement (Labour Law, Art. 15). During probation, either party can terminate the contract without notice and without compensation; the employee's wages and other rights for the days worked are preserved.

### How much annual leave are employees entitled to?

Under Article 53 of the Labour Law, employees who have worked at least 1 year, including probation, are entitled to paid annual leave of 14 days for 1 to 5 years of service, 20 days for 5 to 15 years and 26 days for 15 years or more. Employees under 18 and over 50 cannot receive less than 20 days. Pay for unused leave is paid when the contract ends (Art. 59).

### What should a personnel file contain?

Under Article 75 of the Labour Law, the employer keeps a personnel file for each employee containing their identity details and the documents required by law. In practice, this includes the employment contract, the SGK start notification, diplomas and certificates, a health report where the job requires it, leave records and payslips. As the file contains personal data, it must be kept in line with the Personal Data Protection Law (KVKK).

### Which documents must be given to a departing employee?

The employer must give a departing employee a certificate of employment showing the type and duration of work (Labour Law, Art. 28). In addition, the SGK termination notification is submitted within 10 days, and the final month's pay, any unused leave pay and severance and notice pay are calculated and paid. Making payments through the bank is important as evidence.

### How should a termination notice be given?

For employees covered by job security (employees on indefinite contracts with at least 6 months' service at a workplace with 30 or more employees), the termination notice must be in writing and state the reason clearly and precisely (Labour Law, Arts. 18-19). Where termination is based on conduct or performance, the employee's defence must be obtained first.