BOZBAY AGENCY INDEFINITE-TERM EMPLOYMENT CONTRACT and EMPLOYEE CONFIDENTIALITY / INTELLECTUAL PROPERTY / INFORMATION SECURITY AGREEMENT
Employer: BOZBAY AJANS [full business name] MERSIS / Tax ID [●] Address [●] Employee: [First Name Last Name] Turkish ID / Passport No. [●] Address [●] Job Title / Position [●] Department [●] Start Date [●] Monthly Gross Salary [●] TL Work Location [●] Weekly Working Hours [●] hours; subject to legal maximum limits
1. Purpose, Legal Basis, and Nature of the Agreement
This agreement, within the framework of the Labor Code No. 4857, the Turkish Code of Obligations No. 6098, the Law on Intellectual and Artistic Works No. 5846, the Law on the Protection of Personal Data No. 6698, and relevant secondary legislation, and governs the terms of the employment relationship between the employer and the employee, work discipline, confidentiality and information security, the use of intellectual property, and performance and delivery obligations. Mandatory statutory provisions shall prevail. If any provision of this agreement conflicts with mandatory labor law rules, the mandatory provision shall apply; the remaining provisions of the agreement shall remain in effect.
2. Job Description and Management Authority
The employee performs the duties specified above, as well as similar or complementary duties assigned by the employer in accordance with the requirements of the job. The employer has the right to organize work, assign duties, set project priorities, determine reporting procedures, and manage work tools and workflows, provided that it complies with the principle of good faith, the employee’s qualifications, and legal regulations regarding changes to fundamental working conditions. The employee is obligated to perform the duties assigned to them in a timely and complete manner, with professional diligence, and in accordance with company standards.
3. Fees and Payment
The employee’s monthly gross salary is listed in the table above. The net payment is made to the bank account provided by the employee after applicable taxes, Social Security contributions, and statutory deductions have been withheld. Pay stubs and legal records serve as the basis for these calculations. Bonuses, incentives, or performance-based payments are payable only if there is a written company policy, an individual supplementary agreement, or an authorized management decision; irregular payments do not automatically constitute an accrued right.
4. Working Hours, Work Schedule, Time Records
The normal weekly working hours are as specified in this contract and shall under no circumstances exceed the legal limits set forth in the Labor Law No. 4857 and related legislation. Breaks are not counted as part of working hours. Daily start and end times and workdays are set forth in Appendix 1: Work and Pay Schedule. Depending on the nature of the work, shift work, remote work, or project-based schedules may be additionally specified in writing, provided they remain within legal limits. Employees are required to use the time clock, remote access, project time tracking, and task tracking systems correctly. Creating false records or logging time under another employee’s name constitutes a disciplinary violation.
5. Overtime and Extended Work Hours
Overtime is valid only with the employer’s prior instruction or subsequent written approval. An employee remaining at the workplace or staying online on the system on their own initiative does not, by itself, constitute an instruction to work overtime; however, compensation for legally valid overtime actually performed and known to or requested by the employer is paid in accordance with the law. Legal overtime exceeding 45 hours per week is paid at a rate of 50% above the normal hourly wage; if the contractual workweek is less than 45 hours, overtime worked beyond the contractual hours up to 45 hours is paid at a rate of 25% above the normal hourly wage. The total annual overtime cannot exceed the legal limit. An employee may revoke their consent to overtime in accordance with the procedure prescribed by law.
6. Incomplete Work, Tardiness, and Absenteeism
Hours or days when an employee does not work may be reflected on the pay stub based on actual work performed and the legal right to wages, provided that this does not constitute a penalty in the form of a wage deduction. Disciplinary wage deductions may only be applied when the legal conditions set forth in Article 38 of Law No. 4857 are met. Late arrivals, early departures, and unauthorized absences are recorded. This does not apply in cases of valid excuses or legally authorized leave. If unauthorized absences without a valid reason reach the thresholds specified in Article 25/II of Law No. 4857, the employer reserves its legal rights, including termination for just cause.
7. Notification of Absences, Sick Leave, and Short-Term Leave
Requests for foreseeable absences and special leave must be submitted as early as possible—as a general rule, at least [3] business days in advance—through the company’s written leave system. In urgent and unforeseeable circumstances, the employee must notify their manager as soon as possible and provide any legally required documentation. To avoid disrupting workflow, the employee shall include their ongoing tasks, their current status, and any necessary files in the pre-leave handover plan. This obligation does not preclude the employee’s statutory right to mandatory leave.
8. Annual Paid Leave
The right to annual paid leave arises under statutory conditions and cannot be waived. As a general rule, an employee must request the annual leave they wish to take in writing at least one month in advance. The employer may determine the leave dates by taking into account the uninterrupted operation of the business, staffing levels, project deadlines, and the employee’s request; the employer is not bound by the dates requested by the employee. The employer may also plan for leave during specific periods or implement a collective leave policy in accordance with the law. If annual leave is to be split, it must be granted in such a way that at least one of the segments is no shorter than ten days, subject to mutual agreement between the parties. The company maintains leave records in accordance with the law.
9. Handover and Business Continuity
Employees must, prior to taking annual leave, extended leave, a project change, or resignation, hand over the tasks for which they are responsible in writing; upload files to the company system; and update customer information, deadlines, risks, and pending tasks. Files, passwords, information, or project status may not be withheld in a manner that would intentionally disrupt the company’s operations.
9/A. Central Archives, Filing, and Monthly Work Submission Obligation
All work and documents produced, received, organized, or developed by an employee on behalf of the company must be maintained in a complete, up-to-date, searchable, and organized manner within the company’s designated central digital archive, project management system, CRM, and folder structure. It is strictly prohibited to store such materials on a personal computer, in a personal cloud, in a personal messaging account, or in any environment not accessible to the company. For each project, source files, draft files, final outputs, briefs, revision histories, client approvals, correspondence, links, visual and content sources used, and necessary technical notes are archived. Adherence to file naming and versioning rules is part of the job description. At the end of each month or on the reporting date specified by the company, the employee submits the Monthly Work Delivery and Archiving Report to the company, which includes the work performed during that month, completed and ongoing tasks, pending approvals, deadlines, and relevant file links. The manager may review this report and request that any omissions be addressed. Failure to fulfill or irregular fulfillment of archiving, filing, reporting, or handover obligations will be evaluated as a performance deficiency or failure to fulfill duties, depending on the nature of the work, and may be included in the performance/disciplinary process based on objective records.
10. Performance, Productivity, and Measurable Goals
The duties, responsibilities, capacity, delivery time, quality standards, and KPIs for the position are specified in Appendix 3. Performance evaluations are based on objective, measurable, and comparable criteria. In the event of poor performance, the employee is given written notice depending on the nature of the incident; an explanation or defense is sought, and, if deemed necessary, a Performance Improvement Plan (PIP) is implemented with a reasonable improvement period. A single warning or two warnings do not automatically result in termination; termination is applied only when the valid/just cause and procedural requirements under applicable legislation are met. An employee’s deliberate reduction of production, consistent delays in deliveries, disruption of work, or failure to comply with instructions may also be subject to disciplinary action and termination evaluation. Failure to consistently or repeatedly meet the reasonable production capacity, delivery deadlines, quality standards, and filing, archiving, reporting, and handover obligations specified in the job description or in Appendix 3 is considered a performance deficiency. The company may issue a written warning, implement a performance improvement plan, provide training, or grant a reasonable period for correction based on measurable records. In the event of continued inadequacy, legal rights—including termination—may be exercised in accordance with the Labor Law No. 4857 and applicable procedures.
11. Professional Development and the Obligation to Stay Current
The employee is obligated to keep abreast of technical, creative, digital, and industry developments within their area of responsibility to a reasonable extent, maintain proficiency in the tools and methods they use, and participate in in-house training programs. The employer may also provide, to a reasonable extent, training, mentoring, resources, software, or external training support. No vague or unlimited liability arises against the employee as a result of such training.
12. Company-Sponsored Specialized Training Programs
If the company finances a high-cost, accredited specialized certification or training program that goes beyond the employee’s general professional development, a separate Training Expense and Retention Addendum may be signed. In such a protocol, only the verifiable actual cost of training, the benefit derived by the employee, the nature of the training, and a reasonable retention period are taken into account. If there is a repayment obligation, it is calculated on a pro-rata basis and is consistent with the mandatory provisions of Turkish law. In the event of the employer’s fault or unjust termination, the employee shall not be subject to a penalty-based training debt.
13. Loyalty, Conflicts of Interest, and Side Jobs
Employees are obligated to protect the employer’s legitimate interests and act with loyalty while the employment relationship continues. It is prohibited to compete with the company or to provide paid services outside the company to the company’s customers or suppliers. Employees must disclose in writing, in advance, any outside business, partnership, commission, supplier relationship, or customer relationship that could create a conflict of interest. Company business, customer opportunities, or leads may not be transferred to a third party without the employer’s written permission.
13/A. Outside Employment, Self-Employment, and Non-Competition
As long as the employment relationship continues, the employee may not accept or carry out any work, project, consulting engagement, freelance work, partnership, or commission-based arrangement that is of the same or similar nature as BOZBAY AJANS’s field of activity, directed at the company’s current or potential clients, leads, suppliers, franchise candidates, or competitors, without the employer’s prior written consent. The employee may not use the company’s resources, working hours, equipment, software, customer information, know-how, pricing system, production capacity, team members, or methods developed within the company for any outside personal business. Any other outside activities that may conflict with the company’s interests must also be reported in writing in advance and are subject to the employer’s approval. The purpose of this provision is not to restrict the employee’s private life, but to protect the employee’s duty of loyalty, work capacity, the company’s trade secrets, customer relationships, and business opportunities. Statutory rights remain reserved.
14. Ownership of Customers, Leads, and Business Opportunities by the Company
All customer records, leads, communication history, proposal files, pricing information, CRM data, and business opportunities that an employee accesses, manages, submits proposals for, or develops using company resources are the company’s commercial assets. Employees may not use these for their personal portfolio, personal client list, or for another employer or agency; nor may they conceal, copy, or divert them.
15. Confidentiality and Trade Secrets
Customer information, prices, margins, quotes, strategies, contracts, employee information, passwords, business plans, financial data, source files, design processes, prompts, automations, know-how, sales methods, supplier terms, and any other information not disclosed to the public are confidential. The employee may not use this information for any purpose other than the performance of their duties, disclose it to third parties, or transfer it to their own device or account without permission. The obligation to maintain confidentiality continues even after the employment relationship ends, to the extent necessary to protect the employer’s legitimate interests.
16. Information Security, Passwords, and Company Systems
Company email addresses, cloud accounts, CRM, project management systems, AI accounts, social media management dashboards, storage spaces, and devices are to be used only for authorized purposes. Sharing passwords, unauthorized use of USB drives or external hard drives, transferring company files to personal email or personal cloud storage, unauthorized screen recording or data export, and granting access to unauthorized individuals are prohibited. Any information security incident must be reported to management immediately.
17. Intellectual Property and Works
Any designs, logos, graphics, text, catalogs, presentations, photographs, videos, animations, 3D models, renders, technical drawings, code, web interfaces, software, data structures, strategies, research, templates, prompts, processes, documentation, and similar outputs are part of the company’s operations. Pursuant to Article 18 of Law No. 5846 and other applicable provisions, unless otherwise agreed upon in a specific written agreement, the right to exercise economic rights over works produced within the scope of employment belongs to the employer. If necessary, a separate written document regarding the transfer of certain economic rights or the right to use such rights shall be signed. The employee’s moral rights and mandatory statutory provisions are reserved; however, the employee shall provide the necessary cooperation, to the extent permitted by law, to enable the company to deliver, reproduce, distribute, adapt, digitally use, and commercially exploit the work for the client.
18. Prohibition on Portfolios, Social Media, and Personal Sharing
An employee may not present work produced for the company or a client—whether on Behance, Instagram, LinkedIn, a personal website, a PDF portfolio, a job application, or any other platform—as if it were their own personal work or that of a personal client without the company’s written permission. If the company grants permission, the terms of sharing, client confidentiality, publication date, credit/attribution format, and which visuals may be used will be specified separately. Confidential or unpublished work may not be shared under any circumstances.
19. Personal Data and Compliance Obligations Under the Personal Data Protection Law
Employees shall process personal data belonging to customers, employees, job applicants, suppliers, and other individuals solely within the scope of their duties and authority. Copying, unauthorized transfer, disclosure, or use for purposes other than those intended is prohibited. The employer processes employee data in accordance with the relevant privacy notices and Law No. 6698. The employee agrees to comply with the company’s Personal Data Protection Law (KVKK) and information security policies.
20. Company Equipment, Files, and Property
Computers, cameras, hard drives, phones, licenses, cards, keys, equipment, samples, printed documents, and other company assets are to be used solely for business purposes. Employees shall take good care of these items and return them in full upon request or upon leaving the company. Except for normal use and reasonable wear and tear, the parties reserve their legal rights regarding damages caused by the employee’s negligence and properly determined in accordance with established procedures; unilateral and unlimited deductions from wages are not permitted.
21. File Organization and Mandatory Corporate Archives
All work files are stored in their current versions in the folder, on the server, in the project management system, or in the DMS system designated by the company. Work stored solely on a personal device or in a personal account is not considered delivered. It is the employee’s fundamental responsibility to ensure that source files, project history, client notes, and necessary passwords are kept up to date in the company’s systems.
22. Communication with the Client and Scope of Authority
An employee may not, by exceeding the authority granted to them in writing, offer prices, discounts, payment terms, delivery guarantees, contract amendments, legal commitments, or promises of additional work free of charge on behalf of the company. Customer requests, approvals, and scope changes are documented through the channels designated by the company.
23. Disciplinary Process
In disciplinary evaluations, the severity of the violation, whether it is a repeat offense, the employee’s fault, the resulting damage, prior records, and the principle of proportionality are taken into account. Where appropriate, measures such as an oral interview, a written warning, a request for a hearing, a corrective action plan, or other legal measures may be applied. The disciplinary system set forth in this agreement does not preclude the provisions on just cause for termination under Articles 24–26 of Law No. 4857 or other mandatory termination rules.
24. Termination of the Employment Contract
Termination of an indefinite-term employment contract is carried out in accordance with applicable notice periods, seniority rights, valid/just cause, the right to a defense, and written notice requirements. In the event of termination based on performance or conduct, the employee’s defense is heard to the extent required by law, and the reason is stated clearly, definitively, and in writing. Objective performance records, task assignments, timelines, customer complaints, and KPI data are retained as company records serving as evidence. The employer reserves the right to immediate termination and compensation in cases of disclosure of confidential information, breach of trust, theft, falsification of records, diverting a company client for personal gain, serious data security breaches, or other acts deemed valid grounds for termination under the law.
25. Transfer of Assets and Revocation of Access Following Termination of Employment
In the event that the employment relationship ends for any reason, the employee shall return all devices, cards, keys, files, source files, passwords, project lists, customer information, and company data no later than the last day of employment. The employee shall delete any company data remaining on personal devices or accounts—subject to applicable legal retention obligations—and provide written confirmation upon request. The company may immediately revoke or restrict the employee’s access upon termination of the employment relationship.
26. Refrain from Actively Poaching Customers and Employees After the Business Relationship Has Ended
Within the bounds of mandatory law and the principle of proportionality, for a period of [6/12] months, the employee agrees not to engage in any targeted efforts to poach active company clients with whom they worked directly or to whom they had access to confidential information during their tenure; similarly, the employee agrees not to engage in any activities aimed at the collective or planned transfer of critical company employees. This provision does not constitute a non-compete clause that generally prevents the employee from practicing their profession. If a broader non-compete clause is required, a separate agreement—limited in terms of duration, location, and type of work—shall be entered into in accordance with the relevant provisions of the Turkish Code of Obligations.
27. Damages, Compensation, and Legal Liability
An employee may be held liable under the Turkish Code of Obligations and relevant legislation for direct damages caused to the company as a result of intentional acts or negligence, or conduct in violation of the contract or the law. When assessing liability, the nature of the work, the level of risk, the employee’s training and expertise, the severity of the negligence, and the actual damage are taken into account. In the event of a breach of confidentiality, data security, or intellectual property rights, the company reserves the right to seek injunctive relief, suspension of access, preservation of evidence, compensation for material and moral damages, and other legal remedies.
28. Limits on Penalty Clauses and Wage Deductions
Since there is a risk that unilateral and disproportionate penalty clauses in employment contracts may be deemed invalid, this contract does not provide for the automatic deduction of penalties from the employee’s wages. If a penalty clause is being considered for a specific high-risk position, a position-specific addendum will be prepared by a legal advisor, taking into account the principles of reciprocity and proportionality. Wage deductions as penalties may be applied only for reasons and within the limits permitted by law, and only after the required notice and communication have been provided.
29. Workplace Policies and Supplementary Documents
Employees shall comply with the current versions of the policies on information security, the Personal Data Protection Law (KVKK), social media, remote work, device usage, expenses/travel, leave, filing, quality, and customer communication that have been communicated to them. Legal procedures shall be followed for regulations that constitute a substantial change in working conditions.
30. Channels for Service of Process and Written Notifications
The addresses of the parties listed above are their addresses for service of process. Unless a change is notified in writing, the current address remains valid. For internal operational notifications, corporate email, the HR system, and service by signature may be used. Terminations and notices subject to specific legal formalities shall be carried out in accordance with the relevant legal procedures.
31. Resolution of Disputes
This agreement is governed by Turkish law. In the event of labor disputes, the applicable labor court legislation regarding the prerequisite of mediation and jurisdiction shall apply.
32. Effectiveness, Amendments, and Integrity
This agreement shall enter into force on the date it is signed by the parties. The written attachments are an integral part of this agreement. Subject to mandatory provisions of law, any amendments must be made in writing. The employee acknowledges that he/she has read and understood this agreement, has received a copy of it, and has been given the opportunity to ask questions. ATTACHMENTS
Appendix 1: Schedule of Working Hours, Wages, and Benefits
Appendix 2: Job Description and Scope of Authority
Appendix 3: KPIs / Performance and Delivery Standards
Appendix 4: Confidential Information and Information Security Policy
Appendix 5: Intellectual Property and Portfolio Use Protocol
Appendix 6: Company Equipment Issuance Form
Appendix 7: Annual Leave Request and Handover Form
Appendix 8: Overtime Approval Form
Appendix 9: Training Expense and Commitment Protocol (if applicable)
Appendix 10: Declaration of Termination, Handover, and Data Deletion
Appendix 1 — Working Hours, Compensation, and Benefits
Position [●] Monthly Gross Salary [●] TL Payday [●]th of each month Weekly Work Hours [●] hours Work Days [●] Daily Hours [●] - [●] Break [●] Meal / Commute / Other [●] Probationary Period [If applicable, within legal limits ●]
Appendix 3 — KPI / Performance Framework
KPI 1 Adherence to delivery dates: [●] KPI 2 Quality / revision rate: [●] KPI 3 Monthly/weekly production capacity: [●] KPI 4 Customer/project tracking: [●] KPI 5 File and reporting discipline: [●] Evaluation Period Monthly/quarterly [●]
Appendix 7 — Annual Leave Request and Handover
Requested Leave ____ / ____ / ____ - ____ / ____ / ____ Request Date ____ / ____ / ____ Projects Transferred [●] Designated Alternate [●] Pending Deliverables / Risks [●] Employee Signature [●] Manager Approval [●]
Appendix 10 — Declaration of Departure and Handover
The employee acknowledges that they have fully transferred all company devices, cards, keys, source files, passwords/access credentials, and customer and project information; that they have not left any company data on their personal accounts or devices, or that such data has been deleted in accordance with company instructions; and that their confidentiality obligation remains in effect.
EMPLOYER / BOZBAY AGENCY EMPLOYEE Name / Title:
Name:
Signature / Stamp:
Signature:
Date: ____ / ____ / ______ Date: ____ / ____ / ______
