Labour Law is available on our website 10.08.2017

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LABOUR LAW

Law Number : 4857

Date of Enactment : 22/5/2003

Published in the Official Gazette Date : 10/6/2003 Issue: 25134

 

The English version of this Law is last updated on 10 August 2017

 

This translation has been produced on the basis of the Turkish version of the Law published on the official legislation website “http://www.mevzuat.gov.tr”

 

CHAPTER I

General Provisions

 

Objective and scope

Article 1 - The objective of this Law is to regulate the rights and obligations regarding the working conditions and work environment of employers and workers employed based on a labour contract.

This Law shall apply for all businesses, other than the exceptions given in Article 4, employers and employer representatives and workers of these businesses, regardless of their subjects of activity.

Businesses, employers, employer representatives and workers shall be bound by the provisions of this Law, without regard to the date of notification stated in Article 3.

 

Definitions

Article 2 - Any real person working based on a labour contract shall be called worker, any real or corporate person or unincorporated institutions and organizations employing workers shall be called employer, and the relation established between the worker and the employer shall be called employment relation. Any unit where material and immaterial elements and workers are organized together by the employer for producing goods or services shall be called business.

Places qualitatively connected to the goods or services produced by the employer at the business place and organized under the same management (places connected to the business place) and other premises such as rest rooms, lactation rooms, dining rooms, dormitories, washing, medical examination and care, physical and vocational training locations and courtyards and equipment shall also be considered within the business place.

Business is integral within the scope of the work organization formed by places connected to the business place, premises and equipment.

(Paragraph added on 23 July 2010 by Article 48 of the Law No. 6009; Fourth paragraph repealed on 20 June 2012 by Article 37 of the Law No. 6331)

Persons acting on behalf of the employer and assigned in the management of the work, business place and enterprise shall be called employer representatives. The employer shall be directly responsible for the actions and obligations of the employer representative against the workers in this capacity.

All responsibilities and obligations set forth for the employer in this Law shall also be applicable for the employer representatives. The capacity of being an employer representative shall not remove the rights and obligations granted to the workers.

 

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The relation established between an employer who assumes work from another employer in auxiliary works regarding the production of goods or services or in some part of the main works requiring expertise due to technologic reasons as a requirement of the enterprise and the work and who employs its workers assigned for this work only in the work assumed in that business place and the employer from which it assumes the work shall be called main employer-sub-employer relation. In this relation, the main employer shall be accountable, together with the sub-employer, to the workers of the sub-employer with respect to the relevant business, for the liabilities arising from this Law, labour contract or collective labour contract that the sub-employer is a party to.

The rights of workers of the main employer shall not be restricted through employment by the sub-employer or a sub-employer relation shall not be established with any person previously employed in that business place. Otherwise and in general, it shall be considered that the relation between the main employer and the sub-employer is based on prearranged procedures and the workers of the sub-employer shall be considered as the workers of the main employer and they shall be subject to procedures in this capacity. The main work shall not be divided and assigned to sub-employers except for the works required by the enterprise and the work and the works requiring expertise for technologic reasons.

(Paragraph added on 1 July 2006 by Article 18 of the Law No. 5538) In the public institutions and organizations established on the basis of the law or the power granted by law and in the partnerships in which they possess, directly or indirectly, at least 50 percent of the capital, within the framework of the Public Procurement Law No. 4734 or the other provisions of law, as required by the agreements concluded for service procurement, those employed by means of a contractor shall not be entitled, depending on such work experience, to:

a) be appointed to cadres and positions belonging to these institutions, organizations and partnerships,

b) benefit from any kind of financial rights and social welfare determined according to the provisions of collective labour contracts, personnel laws or other relevant legislation, for the employees working in the cadres or positions of the businesses belonging to these institutions, organizations and partnerships.

(Paragraph added on 1 July 2006 by Article 18 of the Law No. 5538) Those employed by the employers except for the contractors in the businesses stipulated in the eighth paragraph and those personally working in the businesses which are subject of tender assumed by themselves based on a contract in their private capacity and right within the framework of the procurement legislation, to which these businesses are subject to, shall be subject to the same provisions. The provisions of the eighth paragraph shall be applicable to the requests of the workers in the cadres or positions of the partnerships in which the institutions, organizations or partnerships mentioned in the eighth paragraph join the capital, to  be appointed to the cadres or positions of the partnering public institution, organization or partnership or to benefit from the financial rights and social welfare valid in these institutions, organizations or partnerships. The following provisions shall not be included in the contracts and specifications which will constitute the basis for service procurement:

a) Determination of the persons to be employed and delegation of the power to fire to the public institutions, organizations and partnerships,

b) Continuation of the employment of those who previously worked in the same business place within the framework of the service procurement agreements or as a temporary worker.

 

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Notification of the business place

Article 3 - Any employer who establishes a business covered by this Law, takes it over in any manner whatsoever, partially or completely changes its subject of activity or ceases its activity and closes it for any reason shall be obliged to notify the title and address of the business, the number of workers employed, the subject of working, the date of commencement or cease of the business activity, his/her own name and surname or title, address, and the names, surnames and addresses of the employer representative or representatives, if any, to the regional directorate within one month.

(Second paragraph amended on 15 May 2008 by Article 1 of the Law No. 5763) The sub-employer assuming business under the sixth paragraph of Article 2 of this Law shall be obliged to make notification under the provision of the first paragraph for the registration of his/her business, together with the written sub-employer contract obtained from the main employer and necessary documents. The documents of this business registered by the regional directorate shall be examined by the labour inspectors when necessary. In cases where the presence of a prearranged procedure is confirmed as a result of the examination, reasoned inspection report regarding this confirmation shall be notified to the employers. The employers shall be entitled to make an objection before the competent labour court within thirty working days as of the date of notification against this report. (Fifth sentence amended on 16 September 2014 by Article 1 of the Law No. 6552) The case to be heard upon objection shall be concluded within four months according to simple trial procedure. In cases where the decision rendered by the court is appealed, the Court of Cassation shall render a final judgment within six months. It shall be obligatory for public administrations to make an objection against these reports before the competent labour courts and to resort to other legal remedies against the court decisions. If no objection is submitted against the report within thirty working days or the court approves the confirmation of the prearranged procedure, the registration shall be cancelled and the workers of the sub-employer shall be considered as the workers of the main employer from the beginning. (2)(3) 

(Paragraph added on 11 June 2003 by Article 10 of the Law No. 4884) However, the registration of corporations shall be made through the documents sent by the offices of trade registry and such documents shall be forwarded to the relevant regional directorates of the Ministry of Labour and Social Security by the relevant office of trade registry within one month.

(Paragraph added on 15 May 2008 by Article 1 of the Law No. 5763) The establishment of a main employer-sub-employer relation, its notification, the registration of the business and the procedures and principles concerning other issues which should be included in the contract to be signed shall be determined by the regulation to be issued by the Ministry of Labour and Social Security.

 

Exceptions

Article 4 - The provisions of this Law shall not apply for the businesses and business relations specified below:

a) Sea and air transport businesses,

b) Businesses or enterprises carrying out agricultural and forestry works in which less than 50 (including 50) workers are employed,

c) Any kind of construction works related with agriculture, within the limits of family economy,

d) Houses and businesses where handicrafts are performed among the members of a family and relatives up to the third degree (including the third degree), without participation of persons from outside,

e) Domestic services,

f) Apprentices (...)(1),  (1)

g) Sporters,

h) Persons being rehabilitated,

ı) Businesses where three persons are employed pursuant to the description given in Article 2 of the Law No. 507 on Tradesmen and Craftsmen.

 

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(1) By Article 37 of the Law No. 6331 dated 20 June 2012, the clause of "without prejudice to the provisions of occupational health and safety" in this subparagraph was removed from the article.

(2) By Article 1 of the Law No. 6552 dated 10 September 2014, the clause of "six working days" in this paragraph was amended as "thirty working days".

(3) By Article 1 of the Law No. 6552 dated 10 September 2014, it was ensured that the second paragraph of Article 3 of the Labour Law No. 4857 would be amended and two-sentence amendment was added to the relevant part.

 

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However;

a) Loading and unloading actions from ships to shore and from shore to ships at the landing stages or ports and quays,

b) Works performed at all ground facilities of aviation,

c) Works performed at the workshops and factories where agricultural arts and agricultural tools, machinery and parts are produced,

d) Construction works performed at agricultural enterprises,

e) Works performed at parks and gardens which are open to public use or are premises of the business,

f) Works which are related with water products producers working at seas and are not covered by Maritime Labour Law and are not considered as agricultural works,

shall be subject to the provisions of this Law.

 

Principle of equal treatment

Article 5 – (Added on 6 February 2014 by Article 57 of the Law No. 6518) No discrimination shall be made in the business relation, based on language, race, colour, sex, disability, political thought, philosophical belief, religion and sect and similar grounds.

The employer shall not treat a part-time worker differently than a full-time worker and a fixed-term worker differently than a permanent worker unless on founded reasons.

The employer shall not treat a worker differently, directly or indirectly, while concluding the labour contract, establishing the conditions thereof, implementing and terminating it, due to sex or pregnancy, unless biological reasons or those pertaining to the work quality oblige.

A lower wage shall not be decided for an equal or comparable job on the grounds of sex.

Implementation of special protective provisions due to the sex of the worker shall not justify the application of a lower wage.

In case of contradiction to the provisions of the above paragraph in the business relation or its termination, the worker may demand the rights that he/she has been deprived of, besides an appropriate indemnity comparable up to four months' wage. The provisions of Article 31 of the Trade Union Law No. 2821 shall be reserved.

Without prejudice to the provisions of Article 20, the worker shall be obliged to prove that the employer has contradicted to the provisions of the above paragraph. However, when the worker puts forward a situation strongly suggesting the probability of the existence of an infringement, the employer shall become obliged to prove that no such infringement exists.

 

Transfer of the business or a part thereof

Article 6 - When the business or a part thereof is transferred to another person based on a legal procedure, the labour contracts effective in the business or a part thereof on the date of transfer shall be transferred to the transferee together with all rights and obligations.

The transferee employer shall be obliged to proceed according to the starting date of employment of the worker by the transferor employer, with respect to rights taking the period of service of the worker as basis.

In case of transfer pursuant to the above provisions, the transferor and transferee employers shall be jointly liable for the obligations which were incurred prior to the transfer and should be settled on the date of transfer. However, the responsibility of transferor employer for such liabilities shall be limited to two years as of the date of transfer.

 

 

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In case of termination by way of merging or participation or type modification of corporate personality, the provisions for joint liability shall not be applied.

Transferor or transferee employer shall not terminate the labour contract merely on the grounds of the transfer of the business or a part thereof and the transfer shall not constitute a justified ground for termination on the part of the worker. The termination rights of transferor or transferee employer necessitated by economic and technologic reasons or change of work organization or the immediate termination rights of workers and employers based on justified reasons shall be reserved.

The above provisions shall not apply for transfer of the business or a part thereof to another person due to liquidation of assets as a result of bankruptcy.

 

Temporary labour relation

Article 7 - (Amended on 6 May 2016 by Article 1 of the Law No. 6715)

A temporary labour relation may be established in case of assignment by means of private employment agency or within a holding or at another business connected with the same group of companies

Temporary labour relation may be established by means of a private employment agency, when a temporary worker procurement contract is signed between the private employment agency empowered by the Turkish Employment Agency and an employer and upon the turnover of one of its workers to this employer by signing a temporary;

a) In cases stipulated in the fifth paragraph of Article 13 and Article 74 of this Law, during the military service of the worker and in other cases where the labour contract remains suspended,

b) In seasonal agricultural works,

c) In domestic services,

d) In works which are not considered as the daily business of an enterprise and which the enterprise has the workers carry out intermittently,

e) In urgent works due to occupational health and safety or in case of the emergence of compelling reasons significantly affecting the production,

f) In cases where the average capacity of the goods and services production of the enterprise increases in a manner that will require the establishment of a temporary labour relation and at an unforeseen scale,

g) In case of increase in periodic job opportunities except for seasonal works.

A temporary worker procurement contract may be signed as far as the cases listed in the subparagraph (a) of the second paragraph continue; without any time limit in cases stipulated in the subparagraphs (b) and (c) and in cases stated in the other subparagraphs. This contract may be renewed twice at most provided that it will not exceed eight months in total, except for the subparagraph (g) of the second paragraph. The employer who employs temporary workers shall not employ temporary workers again for the same work, unless there is a period of six months in between. 

A temporary labour relation shall not be established for a period of eight months at the business places where workers are made redundant collectively within the scope of Article 29 of this Law and in public  institutions and organizations and at the business places where mines are extracted from the ground, within the scope of the second paragraph of this article.

The employer who employs temporary workers shall not have them work during strikes and lockouts, without prejudice to the provisions of Article 65 of the Law No. 6356 dated 18 October 2012 on Trade Unions and Collective Labour Contract.

 

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The number of workers employed through temporary labour relation within the scope of the subparagraph (f) of the second paragraph shall not exceed one fourth of the number of workers employed at the business place. However, a temporary labour relation may be established for five workers at the business places where the number of workers employed is ten or less. While determining the number of workers, those who are employed through part-time labour contracts shall be converted to full-time workers, with regard to the working period. The worker employed through temporary worker procurement contract shall not be included in the number of workers of the private employment agency and of the employer employing temporary workers, in the application of Article 30.

The employer who employs temporary workers shall not employ a worker, whose labour contract has been terminated, within the scope of a temporary labour relation, unless it has been six months since the date of termination. 

A temporary worker shall not receive any advance or debt, to be set off from the employer who employs temporary workers to the service fee of the private employment agency.

The employer who employs temporary workers shall;

a) be empowered to instruct its temporary worker as required by the work and in compliance with the temporary worker procurement contract.

b) be liable to notify the temporary worker of the vacancies at its business place and to preserve the documents to be requested by the Turkish Employment Agency for the determined periods.  

c) be liable to notify immediately the private employment agency of the work accident and occupational illness of the temporary worker, and the relevant authorities according to Articles 13 and 14 of the Law No. 5510 dated 31 May 2006 on Social Security and General Health Insurance.

d) allow temporary workers to benefit from the social services of the business in accordance with the principle of equal treatment, in the periods where temporary workers are employed. Temporary workers shall be allowed to benefit from educational and child care services in the private employment agency when they are not employed.

e) be liable to provide the union representative of the business place with the information regarding the state of employment of the temporary workers at the business place.

f) be liable to provide training envisaged in the sixth paragraph of Article 17 of the Law No. 6331 dated 20 June 2012 on Occupational Health and Safety, to take necessary measures in terms of occupational health and safety and the temporary worker shall be liable to attend these trainings.

The principal working conditions of the temporary worker shall not be below the conditions to be met in case of direct employment by the same employer for the same work, during the working period of the temporary worker at the business place of the employer who employs the worker.

The private employment agency shall be the employer in a temporary labour relation. A temporary labour relation shall be established in writing, by means of the private employment agency, by signing a temporary worker procurement contract with the employer who employs temporary workers. In the temporary worker procurement contract to be signed between the private employment agency and the employer who employs temporary workers, the beginning and ending date of the contract, the nature of the work, the service fee of the private employment agency, the special obligations of the employer who employs temporary workers and the private employment agency, if any, shall be included. No provisions shall be included to prevent the temporary worker from receiving services from the Turkish Employment Agency or another private employment agency or from working at the business place of the employer who currently employs him/her as a temporary worker or of another employer, after carrying out the action of working. The period, after which the worker will be able to terminate the labour contract for justifiable reasons since he/she is not called to work, shall be stated in the labour contract to be signed with the temporary worker. This period shall not exceed three months.

 

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In the temporary labour relation established within the scope of the subparagraph (f) of the second paragraph, the employer who employs temporary workers shall be liable to control whether the salaries of temporary workers employed for longer than one month are paid each month during the period in which the workers are employed and the private employment agency shall be liable to submit the documents showing that the salaries have been paid to the employer who employs temporary workers monthly. If there are unpaid salaries, the employer who employs temporary workers shall not pay its debt owed to the private employment agency until these salaries are paid and shall deposit the salaries of at most three months directly to the bank accounts of workers provided that this amount is set off from the debt owed to the private employment agency. The workers whose salaries are not paid and the amount of unpaid salaries shall be notified by the employer who employs temporary workers to the provincial directorate of labour and labour institution.  

In cases where the temporary labour relation continues despite the expiry of the period stated in the contract, a permanent employment contract shall be deemed to be concluded between the employer who employs temporary workers and the worker as of the ending date of the contract. In this case, the private employment agency shall be in charge of the payment of the wage arising from the temporary labour relation of the worker, the debt of surveillance of the worker and the social security contributions provided that it is limited to the term of the contract. 

The temporary worker shall be accountable to the employer who employs temporary workers for the damage he/she caused in fault to the business place and to the work.

A temporary labour relation shall also be established in cases where the employer turns over its worker temporarily, by obtaining his/her written consent during the turnover, in order to fulfil the action of working within the holding or at another business place connected with the same group of companies. Within the scope of this paragraph, the temporary labour relation may be established in writing, for not more than six months and may be renewed twice at most. The obligation of the employer who turns over its worker temporarily to pay his/her salary shall continue. The employer with whom a temporary labour relation is established shall be in charge, together with the employer who turns over the worker, of the unpaid salary of the worker during the period in which he/she was employed by himself/herself, the debt of surveillance of the worker and the social security contributions. The rights and obligations regulated in the fourth, fifth, tenth and fourteenth paragraphs, the subparagraphs (a) and (f) of the ninth paragraph and the first sentence of the subparagraph (d) shall be applied to the temporary labour relation established according to this paragraph.

 

CHAPTER II

Labour Contract, Its Types and Termination

Definition and form

Article 8 - Labour contract is the contract where one party (worker) agrees to work dependently and the other party (employer) undertakes to pay wage. Unless otherwise set forth in Law, labour contract shall not be subject to a special form.

It shall be obligatory to make labour contracts with one year and longer term in writing. These instruments shall be exempt from stamp duty and any kind of taxes and fees.

In cases where no written contract is made, the employer shall be obliged to present to the worker a written document indicating the general and special working conditions, daily or weekly work period, basic wage and additional wages, if any, wage payment period, term of contract, if fixed, and the provisions that the parties should observe in case of termination within two months at the latest. The provision of this paragraph shall not apply for fixed-termed labour contracts with a term of less than one month. If the labour contract is terminated before the expiry of two months, it shall be obligatory to present such information to the worker in writing on the date of termination at the latest.

 

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Freedom to determine the type and forms of work

Article 9 - The parties may arrange the labour contract in the type appropriate for their needs, without prejudice to the limitations brought about by the provisions of Law.

Labour contracts shall be made for fixed or permanent terms. These contracts may be made as full-time or part-time, with a probation period, or in other types with respect to forms of work.

 

Labour contracts in continuous and non-continuous works

Article 10 - Works that last maximum thirty days are called non-continuous works and that last more than that are called continuous works.

Articles 3, 8, 12, 13, 14, 15, 17, 23, 24, 25, 26, 27, 28, 29, 30, 31, 34, 53, 54, 55, 56, 57, 58, 59, 75, 80 and provisional article 6 of this Law shall not apply for labour contracts made in non-continuous works. In non-continuous works, the provisions of the Code of Obligations shall apply for the issues regulated in the above articles.

 

Fixed-termed and permanent labour contract

Article 11 - In cases where the labour relation is not dependent upon a fixed period, the contract shall be considered as permanent. The labour contract concluded in writing between the employer and worker in fixed-termed works or depending on objective conditions such as completion of a certain work or emergence of a certain phenomenon is a fixed-termed labour contract.

A fixed-termed labour contract may not be made successively more than once (in chain) without any founded reason. Otherwise, the labour contract shall be considered as permanent from the beginning.

Chain labour contracts based on founded reasons shall maintain their features of being fixed-termed.

 

Limits of distinction between fixed-termed and permanent labour contracts

Article 12 - Any worker employed on a fixed-termed labour contract shall not be subjected to different procedure compared to an comparable worker employed on a permanent labour contract, merely on the grounds that his/her labour contract has a fixed term, unless a reason justifying distinction exists.

Divisible benefits regarding the wage and money payable to a worker employed on a fixed-termed labour contract based on a certain period of time shall be given in proportion to the period in which the worker has been employed. When the seniority in the same business or enterprise is required for benefiting from any working condition, the seniority taken as a basis for the comparable worker employed on a permanent labour contract shall be applied for a worker employed on a fixed-termed labour contract, unless a reason justifying the application of different seniority exists.

Comparable worker is the worker employed on a permanent labour contract in the same or a similar work at the same business. In cases where no such worker exists at the business, a worker employed on a permanent labour contract in the said line of business who undertakes the same or similar work at a business place conforming to the conditions shall be taken into consideration.

 

Part-time and full-time labour contract

Article 13 - In cases where the normal weekly work time of the worker is established substantially less than a comparable worker employed on a full-time labour contract, such contract is a part-time labour contract.

The worker employed on a part-time labour contract may not be subjected to any procedure different than a full-time comparable worker, merely on the grounds that his/her labour contract is part-time, unless a reason justifying such discrimination exists. Divisible benefits of the part-time worker pertaining to wage and money shall be paid in proportion to the employment period compared to the full-time comparable worker.

 

 

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A comparable worker is a worker employed full-time for the same or a similar work at the business. In case no such worker exists at the business, a worker employed on a permanent labour contract in the said line of business who undertakes the same or similar work at a business place conforming to the conditions shall be taken into consideration.

The requests of the workers employed at the business to pass from part-time to full-time or from full-time to part-time employment when there are vacant positions matching their qualifications shall be considered by the employer and vacant positions shall be announced in due time.

(Paragraph added on 29 January 2016 by Article 21 of the Law No. 6663) Following the expiry of the leaves envisaged in Article 74 of this Law, one of the parents may request working as a part-time employee according to this article, until the beginning of the month following the date on which the child starts his/her compulsory primary school education. This request shall be met by the employer and shall not be considered as a justified reason of termination. Within the scope of this paragraph, a worker who starts working as a part-time employee may start to work as a full-time employee provided that he/she does not exercise this right for the same child again. In cases where the worker who initially works as a part-time employee but starts to work as a full-time employee, the labour contract of the worker employed in his/her place shall be terminated ipso facto. The worker who wants to benefit from this right or to return to full-time work shall notify the employer of this situation in writing, at least one month in advance. In cases where one of the parents does not work, the spouse working shall not request working as a part-time employee. Those who adopt a child under three years of age, together with his/her spouse or individually, shall benefit from this right as of the date on which the child is delivered de facto.   

(Paragraph added on 29 January 2016 by Article 21 of the Law No. 6663) It shall be determined what sectors and businesses will be available for part-time employment within the scope of the fifth paragraph as well as the principles and procedures regarding the implementation, in a regulation to be issued by the Ministry of Labour and Social Security.

 

On-call employment and remote employment (1)

Article 14 - The labour relation where it is agreed through a written contract that the action of working shall be performed in cases where the worker is required in relation with the work undertaken by him/her, is a part-time labour contract based on on-call employment.

Unless the parties determine the employment duration of the worker within a period of a week, month or year, the weekly period of working shall be deemed to be agreed as twenty hours. The worker shall become entitled for the wage, either he/she is employed or not during the term determined for on-call employment.

The employer, who is entitled to request the worker to fulfil his/her working liability upon call, shall be obliged to make such call at least four days in advance of the work time of the worker, unless otherwise agreed. The worker shall be liable to fulfil the action of working upon call observing the time condition. Unless a daily working period is agreed in the contract, the employer shall be obliged to employ the worker during at least four consecutive hours per day for each call.

(Paragraph added on 6 May 2016 by Article 2 of the Law No. 6715) Remote employment is a labour relation based on the principle of performing the action of working at home or by means of technological communication tools, within the scope of the work organization formed by the employer and established in writing.

(Paragraph added on 6 May 2016 by Article 2 of the Law No. 6715) In the labour contract to be signed according to the fourth paragraph; the definition of work, the form of performance, the term and place of the work, the matters concerning the wage and its payment, the equipment provided by the employer and the obligations regarding the protection of such equipment, the provisions about the communication between the employer and the worker and the special working conditions shall be included.

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(1) The title of this article previously being "On-call employment" was amended as in the text by Article 2 of the Law No. 6715 dated 6 May 2016.

 

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(Paragraph added on 6 May 2016 by Article 2 of the Law No. 6715) In the remote employment, workers shall not be subjected to any procedure different than a comparable worker, due to the nature of his/her labour contract, unless a reason justifying discrimination exists. The employer shall be liable to inform the employee of the occupational health and security measures, in consideration of the nature of the work performed by the employee through a remote employment relation, provide necessary training, ensure health monitoring and take necessary measures of occupational security relating to the equipment provided.

(Paragraph added on 6 May 2016 by Article 2 of the Law No. 6715)  The principles and procedures of remote employment shall be determined in a regulation issued by the Ministry of Labour and Social Security as well as the businesses which are not available for remote employment, in consideration of the nature of the work, and other matters concerning the implementation of the business management rules regarding the protection and impartation of the data.

 

Labour contract with probation period

Article 15 - When the parties include a probation condition in the labour contract, such period may be maximum two months. However, the probation period may be extended up to four months through collective labour contracts.

The parties may terminate the labour contract without the need for a notification period and without indemnity within the probation period. The wage and other rights of the worker for the days that he/she has worked shall be reserved.

 

Labour contracts constituted by team contracts

Article 16- The contract concluded between the employer and a worker representing a team composed of several workers, with the capacity of team leader, is called a team contract.

The team contract should be made in writing, regardless of the period agreed for the labour contracts to be concluded. The identity and wage of each worker shall be separately indicated in the contract.

A labour contract on the conditions of the team contract shall be considered to be concluded between each worker and the employer, when the worker named in the team contract starts to work. However, the provision of Article 110 of the Code of Obligations shall also apply for the team contract.

The employer or employer's representative shall be obliged to separately pay the wages of the workers with whom a labour contract is established when they start working. No deduction shall be made from the wages of the workers included in the team, for the team leader, for reason of mediation or a similar reason.

 

Termed termination

Article 17 - The situation should be notified to the other party prior to the termination of permanent labour contracts.

Labour contracts shall be considered to be terminated;

a) Two weeks after the notification of the other party, for workers who have worked less than six months,

b) Four weeks after the notification of the other party, for workers who have worked between six months and one and a half year,

c) Six weeks after the notification of the other party, for workers who have worked between one and a half year and three years,

d) Eight weeks after the notification of the other party, for workers who have worked more than three years.

These periods shall be minimum periods and may be extended through contracts.

The party that does not observe the condition of notification shall be obliged to pay an indemnity equal to the wage pertaining to the notification period.

 

 

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The employer may terminate the labour contract by paying the wage pertaining to the notification period in advance.

Non-compliance with the condition of notification or termination of the contract through advance payment of the wage pertaining to the notification period by the employer shall not preclude the application of the provisions of Articles 18, 19, 20 and 21 of this Law. Pursuant to first paragraph of Article 18, the worker shall be paid an indemnity equal to three times more than the notification period in cases where the labour contracts of workers not covered by Articles 18, 19, 20 and 21 of this Law are terminated through misuse of the right of termination. Non-conformity with the condition of notification for termination shall also require the payment of an indemnity under the fourth paragraph.

In the calculation of the indemnities payable under this article and the wage payable in advance for notification periods, the money or other benefits of the worker arising from the contract and the Law which can be measured in cash shall be considered in addition to the wage indicated in the first paragraph of Article 32.

 

Grounding termination on valid reasons

Article  18 - Any employer who terminates the permanent labour contract of a worker with at least six months of service at a business employing thirty or more workers shall be obliged to ground the termination on a valid reason arising from the qualification or behaviours of the worker or the requirements of the enterprise, business or work. (Sentence added on 10 September 2014 by Article 2 of the Law No. 6552) The condition of seniority shall not be required for workers who work underground. 

The periods given in Article 66 of this Law shall be taken into consideration for the calculation of the six-month service.

Particularly the following issues shall not constitute a valid reason for termination:

a) Being a member of a trade union or participating in union activities out of work hours or, within work hours with the consent of employer.

b) Being the trade union representative of the business.

c) Applying to administrative or judicial authorities against the employer in order to seek the rights arising from laws or the contract or fulfil the obligations, or participating in a proceeding already instituted on this issue. (1)

d) Race, colour, sex, marital status, family obligations, pregnancy, birth, religion, political view and similar reasons.

e) Not coming to work during the periods set forth in Article 74 and when it is prohibited to employ woman workers.

f) Being temporarily absent from work during the waiting period set forth in the subclause (b) of the subparagraph (b) of Article 25 due to illness or accident.

 

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(1) By Article 32 of the Law No. 5838 dated 18 February 2009, the clause of "fulfil the obligations" was added to the article after the clause of "seek the rights arising from laws or the contract" in this subparagraph.

 

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The six-month seniority of the worker shall be calculated by merging the periods elapsed in one or various businesses of the same employer. In cases where the employer has more than one business in the same line, the number of workers employed at the business shall be determined by the total number of workers employed at these businesses.

This article, Articles 19 and 21 and the last paragraph of Article 25 shall not apply for the employer's representative who manages the complete enterprise and his/her assistants and the employer's representatives who manage the complete enterprise and are authorized to hire or fire a worker.

 

Procedure for termination of contract

Article 19 - The employer shall be obliged to serve the notice for termination in writing and specify the ground of termination clearly and definitely.

The permanent labour contract of a worker shall not be terminated on grounds regarding the behaviour or efficiency of that worker, without receiving his/her defence against such claims. However, the employer's right for termination under the requirements of the subparagraph (II) of Article 25 shall be reserved.

 

Objection against notice of termination and its procedure (1)

Article 20 - Any worker whose labour contract is terminated may file a lawsuit at a labour court, within one month as of the serving of the notice of termination with the claim that no ground is asserted in the notice of termination or the asserted ground is not valid. In cases where (...)(1) the parties mutually agree, the dispute shall be referred to a special arbitrator within the same period. (1)

The employer shall be liable to prove that the termination is based on a valid reason. If he/she alleges that the termination is based on another reason, the worker shall be liable to prove such allegation.

The case shall be concluded within two months, based on an accelerated procedure of trial. In case of appeal of the decision taken by the court, the Court of Cassation shall give the final verdict within one month.

(Fourth paragraph repealed by the Decision of the Constitutional Court dated 19 October 2005 (Docket No: 2003/66, Decision No: 2005/72)  

 

Consequences of termination based on invalid grounds

Article 21 - In cases where the employer does not assert a valid reason or the court or special arbitrator decides that the asserted reason is not valid, and the termination is decided to be ineffective, the employer shall be obliged to employ the worker within one month. If the employer does not employ the worker within one month upon his/her application, the employer shall become liable to pay an indemnity equal to minimum four and maximum eight months' wage to the worker.

When the court or special arbitrator decides that the termination is invalid, they shall also determine the amount of indemnity payable in cases where the worker is not employed.

The worker shall be paid the wages and other claims that have accrued for up to maximum four months, for the period that he/she has not been employed until the finalization of the decision.

If the worker is employed, the wage and seniority indemnity paid in advance for the notification period shall be deducted from the payment to be made under the provisions of the above paragraph. If the worker who is not employed is not granted a notification period or the wage pertaining to the notification period is not paid in advance, the amount of wage pertaining to such periods shall be paid separately.

The worker shall be obliged to apply to the employer to start working, within ten business days as of the notification of the final decision of the court  or special arbitrator. If the worker does not apply within such period, termination by the employer shall be considered a valid termination and the employer shall be responsible only for the legal consequences thereof.

 

–––––––––––––––––––

(1)   By the Decision of the Constitutional Court dated 19 October 2005 (Docket No: 2003/66, Decision No: 2005/72), the clause of " a provision is made in the collective labour contract or" in the last sentence of the first paragraph of this article was repealed.

 

 

 

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The provisions of first, second and third paragraphs of this article shall not be amended through contracts; contract provisions expressing otherwise shall be invalid.

 

Change in working conditions and termination of labour contract

Article 22 - The employer may make an essential change in the working conditions occurring by means of the labour contract or personnel regulations annexed to the labour contract and similar sources or business practices only by notifying the worker of the situation in writing. Changes that are not made in this form and not accepted by the worker in writing within six business days shall not be binding on the worker. If the worker does not accept the proposal for change within such period, the employer may terminate the labour contract by explaining in writing that the change is based on a valid reason or that he/she has another valid reason for termination and by observing the notification period. In this case, the worker may institute a lawsuit under the provisions of Articles 17 to 21.

The parties may change the working conditions anytime upon mutual consent. Any change in the working conditions shall not be introduced retrospectively.

 

Responsibility of new employer

Article 23 - In cases where any worker employed at the business of an employer on a fixed-termed or permanent labour contract quits work and starts to work for another employer prior to the expiry of contract period or without observing the notification period, the new employer shall be jointly responsible, together with the worker, for such termination of the contract in the following cases:

a) If the new employer has caused such behaviour of the worker.

b) If the new employer has employed the worker by knowing this behaviour.

c) If the new employer continues to employ the worker after learning about this behaviour.

 

Right of immediate termination of worker on justified grounds

Article 24 - The worker may terminate the fixed-termed or permanent labour contract before the expiry of its period or without waiting for the notification period in the following cases:

I. Health reasons:

a) If the performance of the work subject to the labour contract poses hazard against the health or life of the worker due to a reason arising from the nature of the work.

b) If the employer or another worker that the worker continuously meets closely and directly suffers from a contagious illness or an illness that is incompatible with the work of the worker.

II. Cases contradicting the rules of ethic and goodwill and similar cases:

a) If the employer misleads the worker, at the time of conclusion of the labour contract, by showing false characteristics or conditions about one of the essential points of the contract or providing unrealistic information or making unrealistic statements.

b) If the employer tells words that will harm the honour and good name of the worker or one of the members of his/her family, behaves in such manner or attempts sexual harassment against the worker.

c) If the employer teases or threatens the worker or one of the members of his/her family, or encourages, provokes and drives the worker or one of his/her family members to act unlawfully or commits an offense requiring imprisonment against the worker or one of his/her family members or makes grave allegations or accusations harming the worker's honour and dignity.

 

 

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d) If the required measures are not taken although the worker becomes subject to sexual harassment at the business by another worker or third persons and notifies the employer thereof.

e) If the wage of the worker is not calculated or paid by the employer in accordance with the provisions of law or contract conditions.

f) In cases where the wage is agreed to be paid per a piece of work or over the work amount and the employer assigns the worker works below the number and amount that the worker can perform, if the deficient wage of the worker is not compensated by paying the wage difference on the basis of time or if the working conditions are not implemented.

III. Force major:

If force major occurs, requiring the interruption of the work at the business where the worker is employed, for more than one week.

 

Right  of  immediate  termination  of the employer  on  justified  grounds

Article 25 - The employer may terminate the fixed-termed or permanent labour contract, before the expiry of its period or without waiting for the notification period, in the following cases:

I- Health reasons:

a) In cases where the worker suffers from an illness or disability which will arise from his/her intention or disorganized living or alcohol addiction, when the absence due to such reason lasts three consecutive business days or more than five business days in a month. (1)

b) In cases where it is established by the Health Board that the illness that the worker suffers cannot be treated and the employment of the worker at the business is inconvenient.

The employer shall become entitled for termination of the labour contract without notification in cases such as illness, accidents, birth and pregnancy, other than the reasons indicated in the subclause (a), six weeks after the duration of the specified cases exceeds the notification periods given in Article 17 depending on the employment period of the worker at the business . In cases of birth and pregnancy, such period shall start at the end of the period indicated in Article 74. However, the wage shall not apply for the periods in which the worker cannot go to work as the labour contract is suspended.

II- Cases contradicting the rules of ethic and goodwill and similar cases:

a)  If the worker misleads the employer at the time of conclusion of the labour contract by asserting that he/she meets the qualifications or conditions required for one of the essential points of the contract although he/she does not meet them, providing unrealistic information, or making unrealistic statements.

b) If the worker tells words that will harm the honour and good name of the employer or one of the members of his/her family, behaves in such manner or makes baseless denouncements or allegations harming the honour and dignity of the employer or one of his/her family members.

c) If the worker attempts sexual harassment against another worker of the employer.

d) If the worker teases the employer or one of his/her family members, or another worker of the employer or comes to work under the influence of alcohol or narcotic drugs or uses such at work. (2)

e) If the worker attempts behaviours contradicting honesty and loyalty, such as misuse of the trust of the employer, theft and disclosure of professional secrets of the employer.

f) If the worker commits an offense at the business, which leads to imprisonment for more than seven days and the penalty of which is not deferred.

––––––––––––––––

(1) By Article 1 of the Law No. 6462 dated 25 April 2013, the clause of "suffers from malformation" in this subclause was amended as " suffers from an illness or disability".

(2) By Article 32 of the Law No. 6331 dated 20 June 2012, the clause of "acts in contradiction to Article 84" in this subclause was amended as "comes to work under the influence of alcohol or narcotic drugs or uses such at work".

 

 

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g) If the worker does not come to work during two consecutive business days or twice in a month on a day following any holiday or three days within one month without receiving the permission of the employer or without any justified reason.

h) If the worker insists on not performing the duties assigned to him/her although he/she is reminded thereof.

ı) If the worker jeopardizes the safety of work due to his/her own will or negligence or causes damage and loss on the machines, installations or other property and materials that belong to the business or do not belong to the business, but are available there, at a degree that he/she cannot compensate with the amount of his/her thirty-day wage.

III- Force major:

If force major occurs, preventing the employment of the worker at the business for more than one week.

IV- In cases where the worker is detained or arrested, when his/her absence exceeds the notification period indicated in Article 17.

The worker may resort to legal remedies within the framework of the provisions of Articles 18, 20 and 21, with the allegation that the termination does not comply with the reasons set forth in the above subparagraphs.

 

Term of exercise of the right for immediate termination

Article 26 - The authorization for terminating the contract furnished to the worker or employer based on the cases contradicting the rules of ethics and goodwill indicated in Articles 24 and 25 shall not be exercised after the elapse of six business days as of the date when one of the parties learns that the other party performs such behaviours  and one year after the conduct of the act in any case. However, the term of one year shall not apply when the worker derives material benefits from the act.

Based on such cases, the rights of indemnification, by the other party, of the workers or employers who terminate the labour contract within the period set forth in the above article shall be reserved.

 

Permission for seeking a new job

Article 27- The employer shall be obliged to give the worker permission to seek a job for finding a new job within business hours and without any deduction from his/her wage within the notification periods. The duration of job seeking permission shall not be less than two hours a day and the worker may merge the job seeking hours and use them in mass, if he/she wishes. However, any worker willing to use the job seeking permission in mass shall be obliged to choose the days in such a manner as to ensure that they will coincide with the days before his/her quitting the work and to inform the employer thereof.

If the employer does not give permission for seeking a new job or allows the worker to use it less than required, the wage pertaining to such missing period shall be paid to the worker.

If the employer makes the worker work during the permission for seeking a new job, he/she shall pay the wage of such work period twice as normal wage in addition to the wage that the worker receives without any work and by using a leave.

 

Employment certificate

Article 28 - The employer shall issue a certificate indicating the type and duration of work to the worker quitting the job.

The worker or the new employer admitting the worker, who sustains a damage due to non-issuance of the certificate on time or presence of inaccurate information on the certificate may claim indemnity from the former employer.

Such certificates shall be exempt from all duties and fees.

 

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Collective redundancy

Article 29 - When the employer intends to make workers redundant collectively due to economic, technologic, structural reasons and similar enterprise, business or work requirements, he/she shall notify this to the business trade union representative, the relevant regional directorate and Turkish Employment Agency in writing, at least thirty days in advance.

The redundancy of:                                                   

a) at least 10 workers from among 20 to 100 workers employed at the business,

b) at least ten percent of 101 to 300 workers employed at the business, ,

c) at least 30 workers from among 301 or more workers employed at the business,

in accordance with Article 17 and on the same date or on different dates within a period of one month shall be considered as collective redundancy.

It shall be obligatory to include, in the notification to be made under the first paragraph, information on the reasons of redundancy of the workers, the number and group of workers who will be affected by such and the period of time that the redundancy procedures will take place in should include.

In the negotiations to be made between the business trade union representatives and the employer following the notification, the issues of prevention of collective redundancy or reduction of the number of workers to be made redundant or minimization of the negative effects of redundancy on the workers shall be discussed. A document indicating that the meeting has been held shall be prepared at the end of negotiations.

Notices of termination shall become effective thirty days after the notification of the regional directorate by the employer of his/her intention of collective redundancy.

In cases where the business is completely closed and its activities are finally and continuously ceased, the employer shall only be obliged to notify the situation to the relevant regional directorate and Turkish Employment Agency at least thirty days in advance and to announce it at the business. In cases where the employer intends to employ workers for a work with the same qualifications within six months as of the finalization of collective redundancy, he/she shall preferably invite qualified workers.

If redundancy is made based on the qualification of works in the redundancy of workers employed in seasonal and campaign works, the provisions regarding collective redundancy shall not apply.

The employer shall not enforce the provisions regarding collective redundancy in order to preclude the implementation of the provisions of Articles 18, 19, 20 and 21; otherwise, the worker may institute a lawsuit according to such articles.

 

8434-1

 

Obligation   to   employ   handicapped persons and   former   convicts   (1)(2)(3)

Article 30 – (Amended on 15 May 2008 by Article 2 of the Law No. 5763)

Employers shall be liable to employ handicapped persons by three percent of the total number of workers in private business employing fifty or more workers, to employ handicapped persons by four percent and former convicts or those who fall within the scope of the Military Law No. 1111 or the Law No. 1076 dated 16 June 1927 on Reserve Officers and Reserve Military Servants and who were wounded in such a manner that they will not be considered invalid, as a consequence of the reason or effect of the terrorist incidents enumerated in Article 21 of the Anti-Terrorism Law No. 3713 dated 12 April 1991 while doing the military service by two percent in public business, in works appropriate for their professional, physical and mental state.  The number of workers that any employer who has more than one business within the borders of the same province has to employ within this scope shall be calculated based on the total number of workers.

The workers employed on permanent labour contract and fixed-termed labour contract shall be taken as a basis in determining the number of workers to be employed within this scope. The work durations of those employed on part-time labour contract shall be converted to full-time employment. Fractions of up to half shall be omitted and half and more shall be rounded up to full figures in calculating the rates. Priority shall be given to those who become handicapped while they are employed at the business.

The employers shall provide the workers that they are liable to employ through Turkish Employment Agency. The qualifications of the workers to be employed within this scope, the jobs that they can be employed for, their professional orientation through special studies that they shall be bound by at the businesses besides general provisions and their admission by the employer with respect to profession shall be determined through a regulation to be issued by the Ministry of Labour and Social Security, by receiving the opinion of the Ministry of Family and Social Policies. (4)

Handicapped workers shall not be employed in underground and underwater works and the workers employed in underground and underwater works shall not be taken into consideration while determining the number of workers at the businesses under the above provisions.

–––––––––––––

(1) The title of this article previously being "Obligation to employ handicapped persons, former convicts and terror sufferers" was amended as in the text, by Article 2 of the Law No. 5763 dated 15 May 2008.

(2) By Article 79 of the Law No. 6353 dated 4 July 2012, the clause of "by three percent of the total number of workers in private business employing fifty or more workers, to employ handicapped persons by four percent and former convicts or those who fall within the scope of the Military Law No. 1111 or the Law No. 1076 dated 16 June 1927 on Reserve Officers and Reserve Military Servants and who were wounded in such a manner that they will not be considered invalid, as a consequence of the reason or effect of the terrorist incidents enumerated in Article 21 of the Anti-Terrorism Law No. 3713 dated 12 April 1991 while doing the military service by two percent in public business, in works appropriate for their professional, physical and mental state." was added after the clause of "employ handicapped persons" in the first paragraph of this article.

(3) By Article 1 of the Law No. 6462 dated 25 April 2013, the clause of "Defective" in the title of this article was amended as "Disabled", the clauses of "defective" in the first paragraph were amended as "handicapped", the clause of "become injured" in the second paragraph was amended as "become handicapped", and the clause of "defective" in the fourth paragraph was amended as "handicapped".

(4) By Article 58 of the Law No. 6518 dated 6 February 2014, the clause of "by receiving the opinion of the Ministry of Family and Social Policies" was added after the clause of " through a regulation to be issued by the Ministry of Labour and Social Security".

 

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In cases where workers who were obliged to quit a business because of disability and whose disability have been eliminated later request reemployment at their former businesses, the employers shall be obliged to reemploy them on the current conditions immediately, if there is vacancy in their former jobs or similar jobs, or by preferring them over other applicants for the first vacancy to occur, if there is no vacancy. If the employer does not fulfil the obligation of concluding a labour contract although the required qualifications exist, he/she shall pay an indemnity equal to six months' wage to the former worker requesting reemployment.

The Treasury shall pay all the shares of the employers belonging to the social security contributions calculated through the lower limit of the earning taken as basic to contribution enumerated in Articles 72 and 73 of the Social Insurance Law No. 506 dated 17 July 1964 and stipulated in Article 78 thereof with respect to the handicapped insured persons who are employed by the employers in private sector within the scope of this article and who are subject to the same Law and to the handicapped insured persons who are employed in sheltered businesses stated in Article 14 of the Law No. 5378 dated 1 July 2005 as well as fifty percent of the shares of the employers belonging to the social security contribution calculated through the lower limit of the earning taken as basic to contribution with respect to each handicapped worker employed by the employers who make handicapped workers work in a number higher than the quota or make such people work despite having no obligation. In order for the Treasury to pay the contributions belonging to the shares of the employer, it shall be essential that the certificate of monthly contribution and service regarding the insured persons employed by the employers should be submitted to the Social Security Institution, within its legal period, in accordance with the Law No. 506 and the amount which corresponds to the share of the insured person from the social security contributions belonging to all the insured persons and the amount belonging to the share of the employer which is not paid by the Treasury should be paid. In cases where the contributions which should be paid by the employer according to this paragraph are paid late, a late fee shall be imposed by the Treasury on the employer, resulting from the delay of the payment to the Social Security Institution. The contribution amounts paid by the Treasury shall not be taken into consideration as expense or cost element in the implementation of the income and corporate income taxes. (Sentence added on 31 July 2008 by Article 10 of the Law No. 5797) The promotion regulated in this paragraph shall be implemented for the personnel subject to the status of the funds under provisional article 20 of the Law No. 506, through the tax assessment and rates regarding the insured persons within the scope of the Law No. 506, except for public administrations. The principles and procedures relating to the implementation of this paragraph shall be determined jointly by the Ministry of Finance, the Ministry of Labour and Social Security and the Undersecretariat of the Treasury.(1)(2)(3)

 

 

–––––––––––––

(1) By Article 38 of the Law No. 5763 dated 15 May 2008, it was provided that this paragraph would enter into force on 1 July 2008.

(2) By Article 1 of the Law No. 6462 dated 25 April 2013, the clauses of "defective" were amended as "handicapped".

(3) By Article 58 of the Law No. 6518 dated 6 February 2014, the clause of "fifty percent" in this paragraph was amended as "all".

 

8436

 

(Seventh paragraph amended on 11 October 2011 by Article 28 of the Decree Law No. 665) In cases contradicting this article, the fines to be collected under Article 101 shall be used in the projects ensuring that handicapped persons and former convicts can establish their own business, supporting technologies can be provided to allow handicapped persons to find a job, they can be employed, they can adapt to the business and business place and similar projects. Decisions shall be taken on matters concerning the use of the collected fines, under the coordinatorship of the Turkish Employment Agency, by a committee composed of one representative of the Directorate General for Labour and the Directorate General for Occupational Health and Safety of the Ministry of Family and Social Policies, the Directorate General of Services for Handicapped Persons and the Elderly of the Ministry of Family and Social Policies, the Directorate General of Prisons and Detention Houses of the Ministry of Justice, as well as the superior organization representing the highest number of workers and employers and the superior organization representing the highest number of handicapped persons. The working rules and procedures of this committee shall be arranged through a regulation issued by the Ministry of Labour and Social Security. (1)

The special provisions of law on the services relating to public security shall be reserved in the employment of former convicts.

 

Military service and working arising from law

Article 31 - The labour contract of any worker who is called to arms for manoeuvres or any other reason other than regular military service or who quits his/her work because of any working liability arising from any law shall be considered to be terminated by the employer two months after the date of cease of work.

The worker should have worked in the relevant business for at least one year to benefit from this right. Two more days shall be added for each excess year in return for working for more than one year. However, the total period shall not exceed ninety days.

The worker's wage shall not count within the waiting period required to consider the labour contract as terminated. However, the relevant provisions of special laws shall be reserved. Even though it is notified by the employer or worker to the other party that the labour contract is terminated based on another reason arising from Law within such period, the period set forth by Law for termination shall start after the end of such period. However, if the labour contract is made for a fixed period and is automatically terminated within the above-specified period, the provisions of this article shall not apply.

In cases where workers who have quitted work because of any military or legal obligation request to be employed within two months as of the end of such obligation, the employer shall be obliged to reemploy them on the current conditions immediately, if there is vacancy in their former jobs or similar jobs, or by preferring them over other applicants for the first vacancy to occur, if there is no vacancy. If the employer does not fulfil the obligation of concluding a labour contract although the required qualifications exist, he/she shall pay an indemnity equal to six months' wage to the former worker requesting reemployment.

 

CHAPTER III

Wage

Wage and payment of wage

Article 32 - In general terms, wage is the amount provided and paid in cash to a person by the employer or third persons in return for work performed.

–––––––––––––––––

(1) By Article 1 of the Law No. 6462 dated 25 April 2013, the clauses of "of the defective persons", "of the defective person", "the defective person" in this paragraph was amended as "of the handicapped persons", "of the handicapped person" and "the handicapped person".

 

 

8436-1

 

(Second paragraph amended on 17 April 2008 by Article 85 of the Law No. 5754) As a rule, wage, premium, bonus or any kind of claims of this nature shall be paid in Turkish Liras at the business or deposited in a bank account opened specially. If the wage, premium, bonus or any kind of claim of this nature is decided as foreign currency, it can be paid in Turkish Liras based on the current rate on the date of payment. With respect to the payment of the wage, premium, bonus and any kind of claim of this nature to the bank account opened specially, the Ministry of Labour and Social Security, the Ministry of Finance and the Ministry of State responsible for the Undersecretariat of the Treasury shall be jointly competent in imposing obligations on the employers or third persons by taking into consideration the scale of the enterprise, the number of workers employed, the province in which the business has been established and similar issues, and in determining whether the wage, premium, bonus and any kind of claim of this nature which will be deposited to the bank account will be paid through the net amount left after the deduction of the gross or legal deductions. The employers or third persons who are obliged to pay the wage, premium, bonus and any kind of similar claim of this nature to the workers through the bank accounts opened specially shall not be able to pay the wage, premium, bonus and any kind of claim of this nature to the workers by any means except for the bank accounts.

(Paragraph added on 17 April 2008 by Article 85 of the Law No. 5754) Other principles and procedures regarding the payment of the wage, premium, bonus or any kind of claim of this nature of the worker to the bank accounts opened specially shall be arranged by the regulation to be issued jointly by the mentioned ministries.

Wage shall not be paid in promissory notes (bonds), coupons or any bill allegedly representing the currency of the country or in any other way.

Wage shall be paid once a month at the latest. The payment period may be reduced to one week through labour contracts or collective labour contracts.

Upon termination of labour contracts, it shall be obligatory to fully pay the worker's wage and the benefits measurable by cash arising from the contract and Law.

At bars and similar entertainment places and shops and stores selling retail goods, wage payment shall not be paid to persons other than those employed in such places.

The limitation period shall be five years for unpaid wages.

 

Payment inability of the employer

Article 33 – (Repealed on 15 May 2008 by Article 37 of the Law No. 5763)

 

 

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Non-payment of wage on due date

Article 34 - Any worker whose wage is not paid within twenty days as of the date of wage payment except for a compelling reason may abstain from fulfilling his/her working liability. Even if the non-fulfilment of working liabilities for this reason based on personal decisions of workers gains a collective character numerically, this shall not be considered as a strike. The highest interest rate applied for deposits shall be applied for wages not paid on due date.

The labour contracts of such workers shall not be terminated, new workers shall not be admitted in their places and their works shall not be assigned to other persons for not working due to this reason.

 

Reserved portion of wage

Article 35 - More than one fourths of the monthly wages of workers shall not be sequestrated or transferred and assigned to another. However, the amount to be appreciated by the judge for the dependants of the worker shall not be included in this amount. The rights of alimony claimers shall be reserved.

 

Obligation of public authorities and main employers to deduct the wage from progress payments

Article 36 - Departments subject to general or annexed budget, local administrations or state economic enterprises or banks and institutions established based on a special law or on the authority conferred upon by a special law as well as the main employers shall pay the wages of those workers employed in contracted construction and repair works such as construction of any buildings, bridges, lines and roads, whose wages are found not paid by the contractor or subcontractors, upon inspection or application by unpaid worker, based on the payrolls to be requested by the contractor or subcontractors.

To this end, the relevant administration shall announce that payment will be made by posting announcements at the business visible by the workers, such as announcement board of the site office or places where workers are present in masses. The said administrations shall have no responsibility for the unpaid wages of workers for each payment period exceeding the amount of three months' wage.

All transfer and assignment procedures or sequestration and bailiff proceedings to be carried out on all types of guarantees and payments of the said contractors to such employers shall be applicable on the portion remaining after reserving the portion meeting the unpaid wages of the workers employed in such work.

The sequestration and bailiff  proceedings on the installations, materials, raw, semi-finished and finished products and other assets at the business arising from the debts of any employer to any third person shall be applicable on the portion remaining after reserving the portion meeting the unpaid wages of the workers employed in such business for three months before the date of bailiff writ.

(Fifth paragraph amended on 10 September 2014 by Article 3 of the Law No. 6552) In cases where the employers hire a subcontractor, they shall be liable to control, upon the application of the worker or monthly by their own motion, whether the wages of the workers of these subcontractors are paid and to deposit the unpaid wages, if any, to the bank accounts of the workers through deduction of the wages from the payments of the subcontractors.

 

Payroll

Article 37 - The employer shall be obliged to give a payroll to the worker in the payments that he/she makes at the business or deposits to the bank, showing the wage breakdown, which is signed or which bears the special sign of the business.

Such payroll should separately indicate the date of payment, the respective period, the amount of all additions to the basic wage, such as overtime, week holiday, festival and general holiday fees and any kind of deductions from it, such as tax, social security contribution, advance payment setoff, alimony and bailiff.

These procedures shall be exempt from stamp duty and all duties and charges.

 

 

 

8438

 

Wage deduction penalty

Article 38 - The employer shall not exercise wage deduction penalty for the worker for reasons other than those specified in the collective contract or labour contract.

The deductions to be made from worker's wages as penalties should be immediately informed to the worker along with reasons thereof. Such deductions from worker wages shall not exceed two daily wages in a month or two days' earning of the worker in wages paid per piece or per the amount of work performed.

Such deductions shall be deposited with the account of the Ministry of Labour and Social Security within one month as of the deduction for utilization for the training and social services of the workers, in one of the banks established in Turkey and entitled to accept deposits, to be nominated by the Ministry. Every employer shall be obliged to keep a separate account of such deductions at the business. The places and amounts of the allocation of the accumulated deductions shall be decided upon by a board to be presided by the Minister of Labour and Social Security and to be also attended by the workers' representatives . A regulation to be issued shall indicate who will be the members of this board and how and on what principles the board will function.

 

Minimum wage

Article 39 - Minimum limits of wages shall be determined every two years at the latest, by the Ministry of Labour and Social Security, through the Minimum Wage Determination Committee for regulating the economic and social conditions of any kind of workers working on labour contracts, which are covered or not covered by this Law.

              The Minimum Wage Determination Committee shall be established under the presidency of one of the members to be nominated by the Ministry of Labour and Social Security with the following composition: Director General for Labour of the Ministry of Labour and Social Security or his/her deputy, Director General for Occupational Health and Safety or his/her deputy, Head of Economic Statistics Department of the State Statistics Institute or his/her deputy, representative of the Undersecretariat of the Treasury, head of relevant department of the Undersecretariat for State Planning Organization or an official to be authorized by him/her and five representatives to be selected for different lines from the most superior workers' organization having the highest number of workers and five representatives to be selected for different lines from the employers' organization having the highest number of employers. The Minimum Wage Determination Committee shall convene with the participation of minimum ten members. The Committee shall decide with majority of the votes of its members. In case of equality of votes, the party where the President is included shall be considered to have achieved majority.

Decisions of the Committee shall be final. Decisions shall enter into effect through publication in the Official Gazette.

The form of convening and functioning of the Committee, the principles to be implemented in determining minimum wages and the attendance fees to be paid to the president, members and reporters shall be defined in the regulation to be jointly prepared by the Ministry of Finance and the Ministry of Labour and Social Security.

Secretariat services shall be provided to the Minimum Wage Determination Committee by the Ministry of Labour and Social Security.

 

Half wage

Article 40 - Any worker who cannot work or is not employed due to the force major indicated in the subparagraphs (III) of Articles 24 and 25 shall be paid a half wage for each day, for up to one week within this waiting period.

 

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Overtime wage

Article 41 - Overtime may be implemented for reasons such as general interests of the country or the nature of the work, or for increasing the production. Overtime is the work exceeding forty-five hours a week within the framework of the conditions set forth in the Law. In cases where the principle of balancing is applied under the provision of Article 63, even if the weekly average working time of the worker exceeds totally forty-five hours during some weeks, on the condition that it does not exceed normal weekly working time, such working times shall not be considered as overtime.

The wage payable for each hour of overtime shall be paid by increasing the amount of normal work wage per hour by fifty percent.

 In cases where the weekly working time is determined below forty-five hours through contracts, the work times exceeding the average weekly working time applied within the above principles and the works performed for up to forty-five hours are works with extra periods. In works with extra periods, the wage payable for each hour of extra period shall be paid by increasing the amount of normal work wage per hour by twenty-five percent.

If the worker who is working overtime or with extra periods wishes, he/she may utilize one hour and thirty minutes for each hour of overtime and one hour and fifteen minutes for each hour of extra period as free time instead of increased wage in return for these works.

The worker shall use the free time that he/she is entitled within six months, during work times and without any deduction from his/her wage.

Overtime shall not be made in short or limited-termed works, based on health reasons specified in the last paragraph of Article 63 and during the night work specified in Article 69.

The worker's approval shall be required for working overtime.

The total overtime period shall not exceed two hundred and seventy hours a year.

(Paragraph added on 10 September 2014 by Article 4 of the Law No. 6552) In cases other than those enumerated in Articles 42 and 43 of this Law, the workers working in mines shall not work overtime.  

(Paragraph added on 10 September 2014 by Article 4 of the Law No. 6552) In cases enumerated in Articles 42 and 43 of this Law, the wage to be paid to the workers working in mines underground, for each hour exceeding the thirty seven and a half working hours per week shall be paid by increasing the amount of normal working wage per hour by not less than a hundred percent.  (1)(2)

The form of implementation for overtime and extra period works shall be defined in the regulation to be issued.

 

Overtime due to force major

Article 42 -Either during a malfunction or a potential malfunction, or urgent works that should be performed immediately for the machines or equipment, or in case of emergence of force major, all or some of the workers may be made to work overtime, on the condition that this does not exceed the degree required to ensure normal operation of the business. In this case, it shall be obligatory to grant an appropriate rest allowance to the workers working overtime.

However, the provisions of the first, second and third paragraphs of Article 41 shall apply for overtime due to forced reasons.

Overtime under exceptional circumstances

Article 43 - In cases where overtime is required during mobilization and in businesses meeting the requirements of national defence, the Council of Ministers may increase the daily working hours to the maximum labour force of the worker, depending on the type of the work and level of requirement, provided that the mobilization period is not exceeded.

The provisions of the first, second and third paragraphs of Article 41 shall apply for the wages to be paid to workers who are made to work overtime by this means.

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(1) By Article 145 of the Law No. 6552 dated 10 September 2014, it was provided that this paragraph would enter into force on 1 January 2015.

(2) By Article 34 of the Law No. 6645 dated 4 April 2015, the clause of "exceeding the thirty six working hours per week" was amended as "exceeding the thirty seven and a half working hours per week".

 

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Working on national festivals and general public holidays

Article 44 - It shall be agreed through collective labour contracts or labour contracts whether or not to work on national festivals and general public holidays. In cases where nothing is provided for in such contracts, worker's approval shall be required for overtime on the said days.

The wages for such days shall be paid according to Article 47.

 

Reserved rights

Article 45 - Provisions contradicting the rights conferred upon workers working on week holidays, national festivals, general holidays and paid leaves and the rights conferred upon workers working on percentage through this Law shall not be included in collective labour contracts or labour contracts.

The acquired rights providing rights and benefits that are more convenient to the workers on these matters, arising from laws, collective labour contracts, labour contracts or traditions, shall be reserved.

 

Wage for week holiday

Article 46 - At businesses covered by this Law, at least twenty-four hours of rest allowance (week holidays) shall be given to the workers within a period of seven days, on the condition that they have worked during the working days determined under Article 63 before the holiday.

The employer shall pay the wage for the non-worked week holiday fully without any work correspondence.

However;

a) Periods that are legally considered within work time although not worked and holidays arising from the law or contract with or without daily wage,

b) (Amended on 4 April 2015 by Article 35 of the Law No. 6645) Leave periods that are enumerated in the additional article 2,

c) Other leaves allowed by the employer to be limited to one week and sick and rest leaves allowed through physician's report,

shall be counted as worked days.

In cases where the employer declares one or more days of the week as off-days without any compelling and economic reason, the non-worked days of the week shall be considered as worked for entitlement to paid week holiday.

In cases where compelling reasons requiring the declaration of more than one week as off-days at any workplace, the half wage paid to the workers for non-worked days due to force major specified in the subparagraphs (III) of Articles 24 and 25 shall also be paid for the week holiday.

At workplaces where the procedure of percentage is applied, the wage for week holiday shall be paid to the worker by the employer.

 

Wage for general holiday

Article 47 -  If the workers employed at businesses covered by this Law do not work on days accepted as national festivals and general holidays in the laws, they shall be paid the full wages pertaining to each day worked separately, without any work correspondence, if they do not go on holiday and work on such days.

At workplaces where the procedure of percentage is applied, the wages for national festivals and general holidays shall be paid to the workers by the employer.

 

 

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Temporary incapability

Article 48 - In cases where it is required to pay temporary incapability allowance to the workers, the payment shall be made by the payment agencies or funds for the national festivals, general holidays and week holidays coinciding with the period of temporary incapability over the criterion of temporary incapability.

The temporary incapability allowance paid by the Social Insurance Institution for the non-worked days due to illness shall be set off from the wages of monthly-paid workers.

 

Holiday wage as per forms of wage

Article 49 - The holiday wage of the worker is the wage corresponding to one day as per the worked days.

The holiday wages of workers working per piece, on accord, on lump sum or on percentage basis shall be calculated by dividing the wage earned by the worker within the payment period by the days that he/she has worked within the same period.

The holiday wage of workers working on hourly rate is seven and a half times the hourly rate.

The provisions of Articles 46, 47 and of the first paragraph of Article 48 shall not apply for monthly-paid workers who receive their wages fully even if they have excuses due to illness, leave or other reasons. However, one daily wage shall be additionally paid for each worked day on national festivals and general holidays.

 

Portions not covered by holiday wage

Article 50 - Wages received for overtime, premiums, fees and social aids received by workers working as permanent workers of the business in preparation, completion and cleaning works, out of normal work hours, shall not be counted in the determination of the wages paid for national festivals, week holidays and general holidays.

 

Payment of percentages

Article 51 - At hotels, restaurants, entertainment places and similar places and at enterprises that sell alcoholic drinks and food for immediate consumption, which implement the procedure of “percentage”, the employer shall be obliged to fully pay the money received by the employer in return for the service or by adding a “percentage” to the bills of the customers under other names or collected by different means and the money voluntarily left by the customer to the employer or collected under the control of the employer to all workers employed at the business.

The employer or employer's representative shall be liable to document that the money mentioned in the above paragraph has been fully distributed to the workers upon receipt by him/her.

The procedures and rates for distributing the money collected through percentages among the workers employed at the business depending on the nature of the works shall be defined in a regulation to be prepared by the Ministry of Labour and Social Security.

 

Documentation of percentages

Article 52 - At businesses where the procedure of percentage is implemented, the employer shall be liable to submit a document showing the grand total of each bill to a representative to be selected by the workers from among them. The forms and procedures of implementation of such documents shall be defined in the labour contracts or collective labour contracts.

 

Right for annual paid leave and periods of leave

Article 53 - Workers who have worked for at least one year, including the probation period, as of the date of recruitment shall be entitled for annual paid leave.

 

 

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The right for annual paid leave shall not be waived.

The provisions of this Law regarding annual paid leaves shall not apply for those working in seasonal or campaign works lasting less than one year due to their nature.

The duration of annual paid leave to be allowed to workers shall not be less than;

a) Fourteen days for those having a service period between one year and five years (including five years),

b) Twenty days for those having a service period of more than five and less than fifteen years,

c) Twenty six days for those having a service period of fifteen years (included) and more.

(Sentence added on 10 September 2014 by Article 5 of the Law No. 6552) The duration of annual paid leave of the workers working under ground shall be implemented with an increase of four more days.

However, the duration of annual paid leave to be allowed to workers at the age of eighteen and below and at the age of fifty and above shall not be less than twenty days.

Durations of annual leaves may be increased through labour contracts and collective labour contracts.

 

Entitlement for annual paid leave and period of using the leave

Article 54 - In calculating the period required to be entitled for annual paid leave, the periods that the worker has worked in one or several workplaces of the same employer shall be considered jointly. However, the periods that the workers have worked at the workplaces of an employer without being covered by this Law shall also be accounted for workers who work at a workplace of the same employer within the scope of this Law.

In cases where the attendance of the worker is interrupted within the period of one year for reasons other than those listed in Article 55, a service period to fill these gaps shall be added and thus, the date of expiry of one year required for entitlement to leave shall be transferred to the following service year.

The service period of one year that should be elapsed for the future leave entitlements of the worker shall be calculated, beginning from the date of previous entitlement towards the following service year and pursuant to the provisions of the above paragraph and Article 55.

The worker shall use his/her annual leave within the following service year for each service year to be calculated under the provisions of the above paragraphs and Article 55.

Periods elapsed at the businesses reporting to the same ministry and businesses of corporate persons reporting to the same ministry and those elapsed at state economic enterprises or banks and organizations incorporated under special laws or authorization conferred through special laws or at businesses reporting to such shall be taken into account in calculating the annual paid leave entitlement of the worker.

 

Circumstances considered worked with respect to annual leave

Article 55 - The following periods shall be considered as worked in calculating the entitlement for annual paid leave:

a) The days that the worker cannot attend work due to any accident or illness that he/she suffers from (However, periods exceeding the period set forth in the subclause (b) of the subparagraph (I) of Article 25 shall not be counted).

b) The days that the women workers are not employed before and after delivery under Article 74.

c) The days that the worker cannot attend work during assignment for manoeuvres or under any law, other than regular military service (More than 90 days of such period in a year shall not be counted).

d) Fifteen days of the period that the worker spends without working as a result of temporary suspension of work at the business for more than one week due to force major (on the condition that the worker restarts work).

e) Periods mentioned in Article 66.

 

 

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f) Week holidays, national festivals and general holidays.

g) Half day leaves other than Sunday that should be allowed to those working at X- ray examination rooms under the by-law issued on the basis of the Law No. 3153.

h) The days that the workers cannot attend work because of participation in mediation meetings of workers, attendance to arbitration boards, serving as workers' representatives at such boards, participation with the capacity of workers' representative or trade union representative in councils, boards, committees and meetings established under the legislation regarding working life or conferences, congresses or assemblies of international organizations regarding workers' issues.

ı) (Amended on 4 April 2015 by Article 35 of the Law No. 6645) Periods of leave enumerated in the additional article 2.

j) Other leaves allowed by the employer and short work periods defined in Article 65.

k) The annual paid leave period granted to the worker upon the implementation of this Law.

 

Implementation of annual paid leave

Article 56 - The annual paid leave shall not be interrupted by the employer.

The employer shall be obliged to grant such leave uninterruptedly within the periods specified in Article 53.

(Third paragraph amended on 14 April 2016 by Article 16 of the Law No. 6704) However, the leave periods set forth in Article 53 may be used in portions upon agreement by the parties, on the condition that one portion will not be less than ten days

Other paid and unpaid leaves or rest and illness leaves granted by the employer within the year shall not be set off from the annual leave.

National festivals, week holidays and general holidays coinciding with the leave period shall not be counted in the leave period in calculating the days of annual paid leave.

For those who will spend their annual paid leaves at a place other than that where the workplace is established, the employer shall be obliged to grant maximum four days of unpaid leave in total to meet the travel periods to and from such place, on the condition that they make a request and document the circumstance. The employer shall be obliged to keep a leave record indicating the annual paid leaves of the workers employed at the business.

(Paragraph added on 10 September 2014 by Article 6 of the Law No. 6552) The annual paid leave of the workers of the subcontractor, who continue working at the same business although the subcontractor has changed, shall be calculated by taking into account the periods in which they have worked at the same business. The main employer shall be liable to control whether the annual paid leaves of the workers employed by the subcontractor have been used and to ensure that these leaves will be used within the relevant year, and the subcontractor shall be liable to submit a copy of the leave record that he/she has to keep under the sixth paragraph to the main employer.

 

Wage for annual leave

Article 57 - The employer shall be obliged to pay in advance or raise as an advance payment the wage pertaining to the period of annual leave of each worker using his/her annual paid leave, prior to commencement of the leave.

The provision of Article 50 shall apply for the calculation of this wage.

The wage to be paid for the leave period of any worker earning wage on a permanent period and indefinite amount, such as accord, commission rate, profit share and percentage, without any definite daily, weekly or monthly wage shall be calculated over the average to be found by dividing the total wage that he/she has earned within the last year by the actual number of worked days.

However, in cases where any rise has occurred in the wage of the worker within the last year, the leave wage shall be calculated by dividing the wage earned between the beginning of the month where the worker goes on leave and the date of rise by the days worked within the same period.

This wage shall be paid by the employer, other than the money collected from percentages at businesses where the procedure of percentage is implemented.

 

 

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The wages pertaining to week holidays, national festivals and general holidays coinciding with the period of annual paid leave shall be paid separately.

 

Prohibition on working on leave

Article 58 - If it is understood that the worker is employed in a paid job during his/her annual paid leave period, the wage paid to him/her for such leave period may be withdrawn by the employer.

 

Leave payment upon termination of contract

Article 59 - In case of termination of labour contract by any reason, the wage of the worker for annual leave periods which he/she is entitled to but has not used shall be paid to himself/herself or his/her beneficiaries over his/her wage on the date of termination of the contract. The limitation period for such wage shall commence from the date of termination of the labour contract.

In case of termination of the labour contract by the employer, the notice period described in Article 17 hereof and the leaves for looking for a new job that should be granted to the worker pursuant to Article 27 hereof shall not coincide with annual paid leave periods.

 

Regulations for leaves

Article 60 - The terms within which annual paid leaves will be used during the year, according to the work conducted, the manner through which leaves will be granted and the persons who are authorized to grant leaves or establish the turns for the leaves, the measures which should be taken by the employer for a useful leave as well as the procedures for use of leaves and the form of records to be kept by the employer shall be established by a regulation to be prepared by the Ministry of Labour and Social Security.

 

Social security contributions

Article 61 - Payment of social security contributions except those for occupational accidents and occupational diseases shall be continued by employers and workers within the framework of the principles stipulated in the Social Insurance Law No. 506, over the wages to be paid to insured persons during annual paid leave period.

 

Circumstances under which no wage reduction may be made

Article 62 - No reduction shall be made in workers' wages, in any way, on grounds relating to statutorily decreasing the working periods applying to any works to lower limits, or to fulfilment of a legal obligation conferred upon the employer, or based on the result of implementation of any of the provisions hereof.

 

CHAPTER IV

Arrangement of Work

 

Working period (1)

Article 63 - The working period shall be maximum forty five hours a week in general aspect. Unless otherwise agreed, such period shall be applied by equally assigning it to working days of the week. (Sentence added on 10 September 2014 by Article 7 of the Law No. 6552; Sentence amended on 4 April 2015 by Article 36 of the Law No. 6645) The working period of the workers in underground mining shall be maximum seven and a half hours per day, and maximum thirty seven and a half hours per week.

 The normal weekly working period may be differently assigned to working days of the week, on the condition that it does not exceed eleven hours a day, upon agreement of the parties. In this case, the average weekly working period of the worker shall not exceed normal weekly working period within a period of two months. The compensation period may be increased by up to four months through collective labour contracts. (Sentence added on 6 May 2016 by Article 3 of the Law No. 6715) The average weekly working period of the worker in the tourism sector shall not exceed normal weekly working period within a period of four months; the compensation period may be increased by up to six months through collective labour contracts.

 

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(1) This sentence was added to the first paragraph of this article by Article 7 of the Law No. 6552 dated 10 September 2014 and it was provided by Article 145 of the same Law regulating the entry into force of the same Law.

 

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The forms of implementation of the working periods under the above mentioned principles shall be established by a regulation to be prepared by the Ministry of Labour and Social Security.

(Fourth paragraph repealed on 20 June 2012 by Article 37 of the Law No. 6331)

 

Compensation work

Article 64 - In cases where the work is performed substantially below normal working periods or completely stops because the work is interrupted due to force major, the business is temporarily closed prior to or after national festivals or general holidays or due to similar reasons or the worker goes on a leave upon his/her request, the employer may affect compensation work for  periods in which no work has been carried out within two months. Such works shall not be considered overtime or work with excess periods.

Compensation works shall not exceed three hours in a day, provided that they do not exceed daily maximum working period. Compensation works shall not be effected on holidays.

 

Short-time working and short-time working benefit

Article 65 – (Repealed on 15 May 2008 by Article 37 of the Law No. 5763)

 

Periods reckoned as working period

Article 66 - The following periods shall be reckoned within the daily working period of the worker:

a) The periods required for workers to descend to or enter the wells, passages or actual working sites and ascend from these places, in the works in mines, quarries, or underground or underwater positions by any means.

b) The periods spent on the way, in cases where the workers are sent by the employer from their workplace to any other places to work.

c) Free periods of the worker spent at the workplace, being available for working at any moment but waiting for any possible work, without working.

d) Periods spent by the worker for being sent by the employer to another place, or being made occupied at the house or office of the employer or any place relating to the employer, without performing his/her main job.

e) The periods of breast-feeding female workers to be specified for breast feeding.

f) Periods elapsing for collective and regular transport of workers from and to their workplaces which are distant from their settlement area for any kind of work requiring collective transport such as construction, maintenance or repair and modification of railways, roads and bridges.

 

 

Periods elapsing in the vehicles, during the transport from and to the workplace provided by the employer, not arising from the nature of the work but just for social benefit purposes shall not be reckoned within the working period.

 

Starting and ending times of daily working

Article 67 - The workers shall be informed of the starting and ending times of daily working periods as well as of break times.

Starting and ending times of the working period may be arranged differently for workers, according to the nature of the work.

 

Breaks

Article 68 - The workers shall be granted a break for;

a) Fifteen minutes for jobs lasting four hours or less,

b) Half an hour for jobs lasting longer than four hours but shorter than seven and a half hours (included),

 

 

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c) One hour for jobs lasting longer than seven and a half hours,

at an average time during the daily working period, by making arrangements according to the local traditions and requirements of the work.

Such breaks shall be at minimum level, and applied uninterruptedly.

However, such periods may be applied intermittently by reaching an agreement, considering the climatic and seasonal conditions and local traditions as well as the nature of the work.

Breaks may be used by workers at the same time or at different times at a workplace.

Breaks shall not be reckoned within working period.

 

Night period and night time working

Article 69 - The “night time” in work life is the period starting at 08.00 p.m. at the latest and ending at 06.00 a.m. at the earliest, and in any case, lasting for maximum eleven hours.

Regulations may be issued to start “night time” for work life earlier, depending on the nature and requirements of certain jobs or in terms of the characteristics of certain regions of the country, or to set summer and winter time, or to establish the means of implementation of the provision set forth in the first paragraph by specifying the start and end of daytime, or to introduce the procedure of additional payment for certain night time works at any rate, or to prohibit night time works for workers at the workplaces which are not economically required to be operated at night time.

Nighttimes work of the workers shall not exceed seven and a half hours. (Sentence added on 4 April 2015 by Article 37 of the Law No. 6645) However, in the works conducted for tourism, private security and health services, the night time work may last longer than seven and a half hours on the condition that the written consent of the worker is obtained.

(Fourth paragraph repealed on 20 June 2012 by Article 37 of the Law No. 6331)

(Fifth paragraph repealed on 20 June 2012 by Article 37 of the Law No. 6331)

(Sixth paragraph repealed on 20 June 2012 by Article 37 of the Law No. 6331)

In enterprises operated at day and night time and using worker shifts, the shifts shall be arranged so as to ensure that the workers who have worked at night time for a working week, work at daytime during the subsequent working week. Two-week rotation may also be applied for day and night shifts.

The worker whose shift will be changed shall not be assigned for another shift before having a rest for at least eleven hours uninterruptedly.

 

Preparation, completion and cleaning works

Article 70 - It shall be established by a regulation to be prepared by the Ministry of Labour and Social Security which of the provisions on arrangement of the work will not apply or what different rules and procedures will apply to the workers employed in preparation, completion or cleaning works generally required before or after certain working period in an enterprise.

 

Age of employment and prohibition on employment of children

Article 71 – (First paragraph amended on 4 April 2015 by Article 38 of the Law No. 6645) It shall be prohibited to employ children who did not complete the age of fifteen. However, children who have completed the age of fourteen and primary education may be employed for light works which will not obstruct their physical, mental, social and moral development and the education of those who attend the school. Children who have not completed the age of fourteen may be employed in artistic, cultural and advertising activities which will not obstruct their physical, mental, social and moral development and the education of those who attend the school, on the condition that a written contract is signed and a permission is obtained separately for each activity.

The security, health, physical, mental and psychological development, personal disposition and capability of children and young workers shall be considered in their employment and in the workplaces where they will be employed. The work conducted by the child shall not prevent him/her from attending his/her school, his/her professional education and regularly follow the courses.

 

 

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Jobs which are prohibited for children and young workers below eighteen years of age as well as those which will be permitted for young workers who are over  sixteen but are under eighteen years of age and the light works which will be allowed for children who have completed the age of fourteen and the period required to receive primary education, the type of works in which young workers may be employed and the working conditions shall be established by a regulation to be prepared by the Ministry of Labour and Social Security within six months. (1)(2)

(Fourth paragraph amended on 4 April 2015 by Article 38 of the Law No. 6645) The working hours for children who have completed their compulsory primary education and do not continue to receive formal education shall not be longer than seven hours a day and thirty five hours a week; these hours shall not be longer than five hours a day and thirty hours a week for those working in artistic, cultural and advertising activities. That period may be increased to eight hours a day and forty hours a week for children who have completed the age of fifteen.

The working hours during the education term of the children who receive preschool education and attend school may be at most two hours a day and ten hours a week, outside the education hours. The working hours for holiday terms shall not exceed the periods set forth in the fourth paragraph above. (3)

(Paragraph added on 4 April 2015 by Article 38 of the Law No. 6645) The scope of artistic, cultural and advertising activities, the work permit of the children to be employed in such activities, the working periods and breaks according to age groups and types of activities, the work environment and its conditions, the procedures and principles regarding the payment of the wage as well as other issues shall be laid down in a regulation to be issued by the Ministry of Labour and Social Security, by receiving the opinions of the Ministry of Family and Social Policies, the Ministry of Culture and Tourism, the Ministry of Health, the Ministry of National Education and the Supreme Board of Radio and Television.

 

Prohibition on employment in underground and underwater works

Article 72 - It shall be prohibited to employ men below the age of eighteen and women at any age in underground or underwater works such as mining, cabling, sewerage and tunnel construction.

 

Prohibition on employment at night time

Article 73 - It shall be prohibited to employ children and young workers below the age of eighteen for night time in industrial works.

The procedures and principles regarding the employment of female workers who have completed the age of eighteen in night shifts shall be established by a regulation to be prepared by the Ministry of Labour and Social Security, by receiving the opinion of the Ministry of Health.

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(1) By Article 32 of the Law No. 6331 dated 20 June 2012, the clause of "the type of works in which young workers may be employed" was added after the clause of "primary education," in this paragraph.  .

(2) By Article 38 of the Law No. 6645 dated 4 April 2015, the clause of "who have completed the age of fourteen and primary education who have completed the age of fourteen and primary education" in this paragraph was amended as "who have completed the age of fourteen and the period required to receive primary education".

(3) By Article 38 of the Law No. 6645 dated 4 April 2015, the clause of "children attending school" in this paragraph was amended as "children who receive preschool education and attend school" and the clause of "first" was amended as "fourth".

 

 

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Working during maternity and breast feeding leave

Article 74 - It shall be essential that female workers should not be employed for a period of sixteen weeks in total, eight weeks before and eight weeks after delivery. In case of multiple pregnancy, such eight-week period before delivery shall be increased by two weeks. If, however, the health condition allows, the female worker may work until three weeks before delivery, if she wishes, upon the approval of the physician. In this case, suck worked periods shall be added to the periods after delivery. (Sentence added on 13 February 2011 by Article 76 of the Law No. 6111) In cases where the female worker gives premature birth, the period which could not be used by her and during which she cannot be employed shall be used through addition to the period after delivery. (Sentences added on 29 January 2016 by Article 22 of the Law No. 6663) In case of mother's death during or after delivery, the periods which cannot be used after delivery shall be used by the father. One of the parents or a person adopting a child under the age of three shall be allowed to use a maternity leave for eight weeks as of the week in which the child is de facto delivered to the family.

(Paragraph added on 29 January 2016 by Article 22 of the Law No. 6663) As of the expiry of the maternity leave used after delivery in accordance with the first paragraph, the female worker or a female or male worker adopting a child under the age of three shall be allowed to use unpaid leave, upon their request, for half of the weekly working hours, for a period of sixty days in the first delivery, for a period of one hundred and twenty days in the second delivery and for a period of one hundred and eighty days in the third delivery, for the purposes of caring and raising the child and provided that the child remains alive. In case of multiple delivery, these periods shall be extended for thirty days each. In cases where the child is born disabled, this period shall be applied as three hundred sixty days. The provisions relating to breastfeeding leave shall not apply within the period used in accordance with the provisions of this paragraph.

The above mentioned periods may be prolonged before and after delivery, when required, depending on the health condition of the worker and the nature of the job. Such periods shall be established by a physician report.

Female workers shall be granted paid leave for periodic checks during pregnancy.

The pregnant female worker shall be employed in lighter positions suitable for her health, when required by a physician report. In this case, no discount shall be made in her wage.

The female worker shall be granted unpaid leave for up to six months after expiry of the sixteen-week period, or after the eighteen-week period in case of multiple pregnancy, upon her request. Such period shall not be taken into account in calculating the right of annual paid leave. (Sentence added on 29 January 2016 by Article 22 of the Law No. 6663) Such leave shall be granted to one of the parents or a person adopting a child under the age of three. This period shall be taken into account in calculating the right of annual paid leave.

Female workers shall be granted a breast feeding leave for one and a half hours a day in total to feed their infants below the age of one. The worker shall be entitled to determine the time segments and the number of parts in which she will use such leave. This period shall be reckoned within the daily working hours.

(Paragraph added on 29 January 2016 by Article 22 of the Law No. 6663) The provisions of this article shall be applied to any kind of workers employed through labour contract, without regard to whether they are within the scope of this Law or not.

 

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Worker’s personal file

Article 75 - The employer shall arrange a personal file for each worker. The employer shall be obliged to keep the identity particulars of the worker as well as any kind of documents and records that he/she has to arrange pursuant to this Law and to other laws, and submit the same to authorized officials and bodies, when requested.

The employer shall be liable to use the information on the worker he/she has acquired with good faith and lawfully , and not to disclose such information that would be kept confidential for justified interest of the worker.

 

Regulations

Article 76 - The procedures which will ensure that the working hours will be applied without exceeding the legal daily working hours and by allowing a compensation period for up to six months, in respect of jobs and businesses where daily and weekly working hours cannot be applied as described in Article 63 hereof due to its nature, shall be established by regulations to be prepared by the Ministry of Labour and Social Security.

In jobs which are carried out by consecutively changing shifts without interruption since they work continuously, special procedures and principles for working hours, week holidays and night time works shall be established by regulations to be prepared by the Ministry of Labour and Social Security.

 

CHAPTER V

Occupational Health and Safety

 

Obligations of employers and workers

Article 77 – (Repealed on 20 June 2012 by Article 37 of the Law No. 6331)

 

Regulations on occupational health and safety (1)

Article 78 – (Repealed on 20 June 2012 by Article 37 of the Law No. 6331)

 

Suspension of business or closing of enterprise

Article 79 - (Repealed on 20 June 2012 by Article 37 of the Law No. 6331)

 

Occupational health and safety board

Article 80 — (Repealed on 20 June 2012 by Article 37 of the Law No. 6331)

 

Occupational health and safety services (2)

Article 81 — (Repealed on 20 June 2012 by Article 37 of the Law No. 6331)

–––––––––––––

(1) The title of this article previously being "Bylaws and regulations on health and safety" was amended as in the text by Article 3 of the Law No. 5763 dated 15 May 2008.

(2) The title of this article previously being "Workplace physicians" was amended as in the text by Article 4 of the Law No. 5763 dated 15 May 2008.

 

 

8449-8453

 

Engineers or technical personnel in charge of occupational safety

Article 82 – (Repealed on 15 May 2008 by Article 37 of the Law No. 5763)

 

Rights of workers

Article 83 - (Repealed on 20 June 2012 by Article 37 of the Law No. 6331)

 

Ban on use of alcohol or narcotics

Article 84 - (Repealed on 20 June 2012 by Article 37 of the Law No. 6331)

 

Heavy and dangerous works

Article 85 - (Repealed on 20 June 2012 by Article 37 of the Law No. 6331)

 

Report for heavy and dangerous works

Article 86 - (Repealed on 20 June 2012 by Article 37 of the Law No. 6331)

 

Report for workers under the age of eighteen

Article 87 (Repealed on 20 June 2012 by Article 37 of the Law No. 6331)

 

Regulation on pregnant or breast-feeding women

Article 88 – (Repealed on 20 June 2012 by Article 37 of the Law No. 6331)

 

Various regulations

Article 89 - (Repealed on 20 June 2012 by Article 37 of the Law No. 6331)

CHAPTER VI

Job Placement and Employment

 

 

Mediation for job placement and employment

Article 90 - Mediation for employment of those who are looking for a job in suitable positions and for providing suitable workers for various positions shall be carried out by Turkish Employment Agency and private employment offices authorized in this respect.

 

CHAPTER VII

Control and Inspection of Work Life

 

State authority

Article 91 - The state shall monitor, control and inspect the implementation of legislation on work life. This task shall be carried out by labour inspectors in required number and with required qualifications who are authorized to inspect and control, reporting to the Ministry of Labour and Social Security.

(Paragraph added on 13 February 2011 by Article 77 of the Law No. 6111) The complaints of the workers, whose labour contract has been terminated de facto under Article 10 of the Labour Courts Law No. 5521 dated 30 January 1950, with respect to the personal claims arising from law, labour and collective labour contracts shall be examined by the regional directorates of the Ministry of Labour and Social Security.   

Procedures for the subject and results of the inspection and control of military organizations as well as enterprises manufacturing products required for national security shall be carried out according to the regulation to be prepared jointly by the Ministry of National Defence and the Ministry of Labour and Social Security.

 

 

8450-8454

 

Authorized bodies and officials

Article 92 - The labour inspectors in charge of monitoring, inspection and control of the work life for the purpose of implementation of the provisions of Article 91 hereof, shall be authorized to investigate and examine the workplaces and extensions thereof, the manner of performing the work and associated documents, the tools and equipment, the devices and machinery, the raw materials and finished products and the items required for the job in accordance with the principles set forth in Article 93 hereof, when required, and the facilities for health, security, training, resting or living and sleeping of workers at any time, and in cases where actions which are hereby considered offence are found, to prevent such actions by means described in the By-law on Labour Inspection to be issued by the Ministry of Labour and Social Security.

(Second paragraph amended on 13 February 2011 by Article 78 of the Law) During the inspections, controls and examinations, the employers, workers and all other persons involved in the work shall be obliged to be present when summoned by the labour inspectors in charge of monitoring, control and inspection and the officials of the regional directorate examining the workers' complaints, to provide testimony and information, to show and submit necessary documents and evidence; to provide them with any kind of facilities to perform their tasks set forth in the first paragraph and to perform their respective requests.

(Third paragraph amended on 13 February 2011 by Article 78 of the Law No. 6111 The minutes drawn up by labour inspectors in charge of monitoring, control and inspection of work life and the officials of the regional directorates in charge of examining the complaints of the workers shall be valid until otherwise is proven. The opposite party may object, before the competent labour court, to the sections relating to the claims of the workers in the reports drafted and the minutes drawn up by the labour inspectors within thirty days. The parties may appeal against the decision of the labour court under Article 8 of the Law No. 5521. Resorting to a legal remedy shall not prevent the collection of the worker's claims mentioned in the decision of the labour court.

 

Obligation of authorized officials

Article 93 -  While performing their tasks, labour inspectors in charge of monitoring, control and inspection of work life shall be liable to avoid interrupting, stopping and aggravating the normal progress of work and the operation of the workplace as much as possible, depending on the nature of the subject under inspection, and to keep fully confidential the information on professional secrets and conditions, economic and commercial standing of the employer and the enterprise they saw or learned, unless it is required to disclose them, in order to ensure that official procedures can be carried out and concluded, and not to disclose the names and identities of the workers and other persons, whose knowledge and statements were taken by them, or who applied or made denunciation to themselves.

 

Exemption

Article 94 - In case of written application to the Ministry of Labour and Social Security by workers and employers as well as their professional organizations in issues relating to themselves and work life, such applications and associated minutes, documents, books and procedures shall be exempted from stamp duty and any kind of fees and duties.

 

Inspections by other authorities

Article 95 – (Repealed on 20 June 2012 by Article 37 of the Law No. 6331)

 

 

8455

 

Responsibility of worker and employer

Article 96 - Employers shall be prohibited to directly or indirectly inspire the workers whose statements and knowledge are taken by labour inspectors in charge of control and inspection of work, or to lead or, by any means, force them to conceal or alter the facts, or to ill-treat against the workers when the latter apply to, notify or testify the relevant authorities.

The workers shall be prohibited to show ill-intentioned behaviours such as disclosing inappropriate information about enterprises and employers that they work or previously worked for, causing them to challenge with unnecessary procedures, or attempting to unjustly put the employers in a bad condition, or giving false answers to the questions asked to themselves by labour inspectors and making the control and inspection difficult or to mislead them.

 

Assistance of the municipal police

Article 97 - Municipal police forces shall be liable to provide the labour inspectors in charge of inspecting and controlling the workplaces, with any kind of assistance, when they require and request, to enable them to perform their tasks properly, for full and due implementation of the provisions hereof.

 

CHAPTER VIII

Provisions on Administrative Fines

 

Non-compliance with the obligation to notify the enterprise

Article 98 - (First paragraph amended on 15 May 2008 by Article 8 of the Law No. 5763) The employers or employer representatives who act contrary to the obligation to notify the enterprise provided for in the first and second paragraphs of Article 3 hereof shall be subject to an administrative fine of one hundred Turkish Liras for each worker employed; (…) (1) and each of the main employers, the subcontractors or their representatives who prearrangedly notify the enterprise in the second paragraph of Article 3 Liras shall be subject to an administrative fine of ten thousand Turkish Liras separately. (1)

 In case of continuation of such contrary acts after the finalization of the fine, the same amount of fine shall be applied for each subsequent month.

 

Non-compliance with general provisions

Article 99 – (Amended on 6 May 2016 by Article 4 of the Law No. 6715)

The employers or employer representatives who;

a) act contrary to the principles and obligations set forth in Article 5 hereof shall be subject to an administrative fine of one hundred and fifty Turkish Liras for each worker in this situation,

b) employ temporary workers, which is contrary to the principles and obligations set forth in Article 7 hereof, shall be subject to an administrative fine of two hundred and fifty Turkish Liras for each worker in this situation,

c) do not provide the worker with the certificate set forth in the last paragraph of Article 8 hereof, and act contrary to the provisions of Article 14 hereof shall be subject to an administrative fine of one hundred and fifty Turkish Liras for each worker in this situation,

d)  do not issue employment certificate, contrary to Article 28 hereof, or include incorrect information in the certificate shall be subject to an administrative fine of one hundred and fifty Turkish Liras for each worker in this situation,

Liras

An amount equivalent to four times of the fine stipulated in the subparagraph (b) of the first paragraph shall be applied to the employer or employer representative who acts contrary to the subparagraph (f) of the second paragraph of Article 7. 

 

Non-compliance with the provisions on collective redundancy(2)

Article 100 - The employers or employer representatives who make the workers redundant contrary to the provisions of Article 29 hereof shall be subject to an administrative fine of four hundred and fifty Turkish Liras for each worker in this situation.

_________________________

(1) By Article 37 of the Law No. 6331 dated 20 June 2012, the clause of "to a thousand Turkish Liras for each worker employed at the businesses under Article 85" in this paragraph was removed from the article.

 (2) By Article 17 of the Law No.6270 dated 17 January 2012, the clause of "fine of two hundred million Turkish Liras" in the first paragraph of this article was amended as "fine of four hundred and fifty Turkish Liras".

 

8456

 

Non-compliance with the obligation to employ handicapped persons and former convicts (1)(2)

Article 101 - The employers or employer representatives who do not employ handicapped persons and former convicts contrary to the provisions of Article 30 hereof shall be subject to an administrative fine of one thousand seven hundred  Turkish Liras for each month during which no such worker is employed and for each handicapped person or former convict who is not employed. Public organizations shall not be exempted from such administrative fine by any means.

 

Non-compliance with the provisions on wages (3)

Article 102 - The employers or employer representatives who;

a) (Amended on 17 April 2008 by Article 85 of the Law No. 5754) as well as a third party, intentionally do not pay, within due time, or incompletely pay the wage set forth in Article 32 hereof as well as the wage of the worker established by this Law or the collective labour contract, or the labour contract, or do not pay or incompletely pay to the worker the minimum wage established by the commission set forth in Article 39 hereof, and do not deposit any wage, premium, bonus and any kind of claims of such nature to the specifically opened bank account even though they are obliged to shall be subject to an administrative fine of one hundred and twenty-five Turkish Liras for each worker in this situation and for each month;

b) do not issue a payroll for the wage contrary to Article 37 hereof, or apply wage deduction penalty contrary to Article 38 hereof, or do not provide the reason for or account of such wage deduction, do not provide the certificate set forth in Article 52 hereof shall be subject to an administrative fine of four hundred and fifty Turkish Liras,

c) do not pay for overtimes set forth in Article 41 hereof, do not allow the workers to use free time acquired within six months, do not obtain worker's consent for overtimes, shall be subject to an administrative fine of two hundred and twenty Turkish Liras for each worker in this situation.

 

Non-compliance with the provisions on annual paid leaves (4)

Article 103 - Those employers or employer representatives who divide the annual paid leave contrary to Article 56 hereof, or pay the leave wage contrary to the procedure set forth in the third and fourth paragraphs of Article 57 or pay it incompletely, or in case of termination of labour contract before using acquired leave in accordance with Article 59 hereof, do not pay the wage for that leave, or do not permit the use of leave or permits incomplete use of leave contrary to the provisions of the regulation set forth in Article 60 hereof, shall be subject to an administrative fine of two hundred and twenty Turkish Liras for each worker in this situation.

_________________________________

___________________

(1) By Article 17 of the Law No. 6270 dated 17 January 2012, the clause of "fine of seven hundred and fifty Turkish Liras" in the first paragraph of this article was amended as "fine of one thousand seven hundred Turkish Liras".

(2) By Article 1 of the Law No. 6462 dated 25 April 2013, the clause of "Defective" in the title of this article was amended as "Handicapped" and the clause of "defective" in the first paragraph was amended as "handicapped".

(3) By Article 17 of the Law No. 6270 dated 17 January 2012, the clause of "a hundred Turkish Liras" in the subparagraph (a) of the first paragraph of this article was amended as "one hundred and twenty-five Turkish Liras", the clause of "fine of two hundred million Turkish Liras" in the subparagraph (b) was amended as "fine of four hundred Turkish Liras" and the clause of "fine of one hundred million Turkish Liras" in the subparagraph (c) was amended as "fine of two hıındred and twenty Turkish Liras".

(4) By Article 17 of the Law No. 6270 dated 17 January 2012, the clause of "fine of one hundred Turkish Liras" in the first paragraph of this article was amended as "fine of two hundred Turkish Liras".

 

8457

 

Non-compliance with provisions on arrangement of work (1)

Article 104 - The employers or employer representatives who employ their workers contrary to the working hours established in Article 63 hereof and in the regulation referred to therein, or do not apply the breaks mentioned in Article 68 hereof duly, or cause their workers to work longer than seven and a half hours at night contrary to Article 69 hereof, or do not change the day and night shifts, or act contrary to the provision of Article 71 hereof, or employ boys, young persons under eighteen years of age and women at any age in workplaces set forth in this article contrary to the provisions of Article 72 hereof, or cause children and young workers to work at night time contrary to Article 73 hereof, or act contrary to the provisions of the said regulation, or cause women who are pregnant or in childbed to work or do not allow unpaid leave during prenatal and postnatal periods contrary to the provisions of Article 74 hereof, or do not draw up personal files set forth in Article 75 hereof, or do not comply with the provisions of the regulation mentioned in Article 76 hereof, shall be subject to an administrative fine of one thousand two hundred Turkish Liras. (2)

The employers or employer representatives who act contrary to the provisions of Articles 64 (...)(3) hereof shall be subject to an administrative fine of two hundred and twenty Turkish Liras for each worker in this situation. (3)              

 

Non-compliance with provisions on occupational health and safety

Article 105 – (Repealed on 20 June 2012 by Article 37 of the Law No. 6331)

 

Non-compliance with the provisions on job placement and employment

Article 106 - The employer who operates without obtaining the permission provided for in Article 90 hereof subject to an administrative fine of one billion Turkish Liras.

 

Non-compliance with the provisions on inspection and control of work life

Article 107 –  (Amended on 23 January 2008 by Article 500 of the Law No. 5728)

The employers or employer representatives who;

a) do not perform the obligations set forth in the second paragraph of Article 92 hereof,

b) do not comply with prohibitions set forth in Article 96 hereof,

shall be subject to an administrative fine of eight thousand Turkish Liras.

 Those who obstruct labour inspectors to perform and conclude their tasks during the performance of their tasks, according to any kind of inspection and control tasks and authorities conferred upon by this Law or other laws, shall be subject to an administrative fine of eight thousand Turkish Liras, unless the act constitutes another offence.

 

Issues on the enforcement of administrative fines

Article 108 – (Amended on 15 May 2008 by Article 10 of the Law No. 5763)

Administrative fines provided for herein shall be applied by the Regional Director of the Ministry of Labour and Social Security, indicating the reason. (Second sentence amended on 13 February 2011 by Article 79 of the Law No. 6111) Administrative fines within the scope of Articles 101 and 106 shall be collected directly by the provincial director of the Turkish Employment Agency; administrative fines to be applied to employers who do business in more than one province shall be provided by the provincial directorate of the Turkish Employment Agency in the province where the centre of the businesses is located and shall be collected according to the general principles. The amount indicated in the subparagraph (h) of Article 20 of the Law No. 4904 shall be taken as basis for the administrative fine to be given under Article 106.

––––––––––––––

(1) By Article 17 of the Law No. 6270 dated 17 January 2012, the clause of "fine of five hundred million Turkish Liras" in the first paragraph of this article was amended as "fine of one thousand two hundred Turkish Liras", the clause of "one hundred Turkish Liras" in the second paragraph was amended as "two hundred twenty Turkish Liras".

(2) By Article 39 of the Law No. 6645 dated 4 April 2015, the clause of "do not comply with the provisions of the regulation mentioned in Article 76 hereof" was added after the clause of "files set forth in Article 75 hereof, or" in this paragraph.

(3) By Article 35 of the Law No. 6645 dated 4 April 2015, the clause of "and 65" in this paragraph was removed from the article.

 

8458

 

CHAPTER IX

Miscellaneous, Provisional and Final Provisions

Written notice

Article 109 - The notices provided for herein should be made to the concerned person in writing and upon signature. In cases where the notified person does not sign such notice, it shall be fixed in a minute in that place. However, notices under the Law No. 7201 shall be made according to the mentioned provisions of the Law.

 

Specific working conditions of concierges

Article 110 - Different forms and procedures to apply in regulating the scope and qualifications of services of concierges, as well as their working hours, weekly holidays, national festivals and general public holidays, annual paid leaves and concierge housing shall be governed by a regulation to be issued by the Ministry of Labour and Social Security.

 

Industrial, commercial, agricultural and forestry activities

Article 111 – (Amended on 15 May 2008 by Article 11 of the Law No. 5763)

In terms of the implementation of this Law, the principles of the activities to be considered among industrial, commercial, agricultural and forestry activities are indicated below.

The principles of the activities to be considered in the industrial sector are as follows:  

a) Any kind of mineral research and extraction, stone and sand pits and limekilns.

b) Processing, cleaning, reshaping, ornamenting and preparing of raw, semi-finished and fully-finished materials for sales.

c) Any kind of installation, reparation, disassembly, dismantlement and destruction.

d) Construction and restoration of buildings, changing, ruining, destroying them and any kind of auxiliary industrial construction.

e) Construction and restoration of roads, railways, tramlines, ports, channels, dams, airports, breakwaters, tunnels, bridges, sewages and wells, findings of sunken vehicles and draining swamps.

f) Seizure, change, moving, installation and distribution of electricity and any kind of driving power.

g) Installation and operation of water and gas treatment works.

h) Installation of telephones, telegrams, wireless devices, radios and televisions.

i) Construction, restoration, change and dismantlement of ship and steamboats.

j) Loading and discharge of property at stations, storehouses, landing stages, ports and airports.

k) Printing houses.

The principles of the activities to be considered in the trade sector are as follows:

a) Any kind of raw, semi-finished and fully-finished herbal, animal or industrial products and goods.

b) Banking and financing procedures, insurance business, brokering, store keeping, stock keeping, warehousing,  

c) Purchase and sales of water products.

d) Transport of human or property and animal by land, lakes and rivers.

 

8458-1

 

The principles of the activities to be considered in the agricultural and forestry sectors are as follows:

a) Growing, producing, improving, researching any kind of fruit and fruitless plants; tea, cotton, tobacco, fibre plants; citrus fruits, rice, leguminous plants; trees, shrubs, vine stocks, seeds, tillers; vegetables and field crops; forage plants and lactogenic plants; any kind of soil works relating to them such as planting, sewing, inoculation, pruning, irrigation, fertilisation, harvest, blending, picking, cleaning, preparation and separation, fight against illnesses and pests, soil improvement, protection of meadows, pastures, soil and water.

b) Protection, planning (amenajman), growing, cultivation, limitation of forests, infrastructure works relating to such works and seed collection, plantation, forestation, erosion control, study project and its rehabilitation, forestry research and national park, resting areas in forests and installation, maintenance and improvement of city forests.

c) Raising and keeping, farming, improving any kind of animals (including bees, silkworms and etc.), caring, herding, managing, shearing, milking and taking products, collecting and preserving them, and fight against land and water hunting and the illnesses and parasites of these animals.

d) Preserving and transporting the products of land and water hunting and growing, without prejudice to the provisions of the Sea Labour Law No. 854.

In line with the principles listed above, which of the industrial, commercial, agricultural and forestry works will include a work in the implementation of this Law shall be determined by a regulation to be issued within six months by the Ministry of Labour and Social Security, by receiving the opinion of the Ministries of Industry and Commerce and of Environment and Forestry and of Agriculture and Rural Affairs.

 

Severance payment for those employed in certain public institutions and organizations

Article 112 - Payments made with the nature of severance payment to the personnel of the institutions and organizations established based on law or on the authority conferred by law, who are not subject to provisions of this Law and the provisions of the Laws No. 854, 5953 and 5434, and those who are employed under contract in public institutions, shall be considered as severance payment.

(Paragraph added on 10 September 2014 by Article 8 of the Law No. 6552) The severance payments of the workers employed by subcontractors under the subparagraph (e) of the first paragraph of Article 62 of the Public Procurement Law No. 4734 dated 4 January 2002;

a) shall be calculated, based on the terms of service pertaining to the severance payment for the periods worked continuously at the businesses of the same public institution or organization, without regard to the change of subcontractors, and on total working period at the businesses of the same public institutions and organizations. Among such, the severance payments of those whose labour contracts concluded with the last subcontractor have been terminated to require severance payment under Article 14 of the Labour Law No. 1475 shall be deposited to the bank account of the worker by the relevant public institutions or organizations,

b) and, among the workers employed in different public institutions or organizations, by the same subcontractor and within the framework of the same labour contract, those whose labour contracts have been terminated to require severance payment under Article 14 of the Labour Law No. 1475 shall be deposited to the bank account of the worker by the public institution or organization in which they have been employed last, on the basis of total term of service at the businesses reporting to different public institution and organization within the scope of the subparagraph (e) of the first paragraph of Article 62 of the Law No. 4734.

 

8458-2

 

(Paragraph added on 10 September 2014 by Article 8 of the Law No. 6552) The severance payment of the worker whose labour contract concluded with the subcontractor has not ended and who continues to be employed by the subcontractor in a business apart from those reporting to the administrations under the Law No. 4734 and whose labour contract is terminated to require severance payment while employed as such shall be deposited to the bank account of the worker, upon the written request of the worker, by the last public institution or organization, by calculating the updated amount of the portion of the severance payment claimed in the mentioned public institutions or organizations, with regard to the increase rates of the minimum wage as of the years in which the worker has been employed in the last business of the public institution or organization. In cases where the amount of the severance payment made based on such calculation is lower than the amount of the severance payment to be calculated with regard to the same periods, over the wage on the date when the labour contract is terminated, the right of the worker to request the difference in between from the subcontractor shall be reserved.

(Paragraph added on 10 September 2014 by Article 8 of the Law No. 6552) In cases where the severance payment is made over the total term of service at the businesses in different public institutions or organizations in accordance with the subparagraph (b) of the second paragraph, the last public institution or organization making the severance payment shall receive the portion of the severance payment made with respect to the term of service in the other public institutions or organization from the relevant public institution or organization. However, no reception shall be made between the public administrations under the scope of central administration in accordance with the provisions of this paragraph.

(Paragraph added on 10 September 2014 by Article 8 of the Law No. 6552) The amount of severance payment shall be made from the budget to be allocated for severance payment at the businesses determined within the scope of the subparagraph (a) of the first paragraph of the additional article 8 of the Law No. 4734, and from the cost item for services at the businesses under the scope of the subparagraph (b), without regard to whether the indemnity is sufficient or not.

(Paragraph added on 10 September 2014 by Article 8 of the Law No. 6552)  The calculation of the term of service of the workers employed to work with the subcontractors at these businesses within the scope of this article, the documents to be requested from the subcontractor and the worker of such and the other procedures and principles relating to the payment process shall be determined by a regulation issued by the Ministry of Labour and Social Security, by receiving the opinion of the Ministry of Finance and the Public Procurement Institution.

(Paragraph added on 4 April 2015 by Article 40 of the Law No. 6645) The incomes obtained by the Saving Deposit Insurance Fund by selling, through seizure or pursuance, the property belonging to the companies of underground mining and their partners within the framework of the royalty agreements concluded within the scope of the Law No. 4735 dated 5 January 2002 on Public Procurement Contracts and the Mining Law No. 3213 dated 4 June 1985 shall be used to make the severance payment and the payment in lieu of notice as well as the payments of leaves, overworks and other unpaid wages of the workers, primarily among those who have worked at the mentioned businesses within the scope of these agreements, whose labour contract has  been terminated  to entitle the worker to severance payment. These payments shall be made by the Saving Deposit Insurance Fund, depositing to the bank accounts of the relevant workers. The information and documents regarding the payment shall be submitted by the last employer of the worker to the Saving Deposit Insurance Fund.  

 

Guarantee for wages of those employed in certain works

Article 113 - Provisions of Articles 32, 35, 37 and 38 hereof shall apply for workers employed in enterprises listed in the subparagraphs (b) and (ı) of the first paragraph of Article 4. In case of failure to comply with these articles, the relevant penal provisions shall apply.

 

8459

 

Tripartite Advisory Board

Article 114 - A consultative advisory board shall be established based on tripartite representation to ensure effective solidarity between the government and the employer, the civil servants and the confederations of workers' unions, for the purpose of monitoring preparation and implementation of legislation on labour life during the development of labour peace and industrial relations.

The procedures and principles for the operation of the board shall be governed by a regulation to be issued.

 

Opening of canteen facilities

Article 115 - In cases where one hundred and fifty or more workers are employed in enterprises, spaces may be assigned by employers to consumers' cooperatives to be established by workers to meet the requirements of workers and their families.

 

Article 116 - (It concerns the Law No. 5953 dated 13 June 1952 on the Regulation of the Relations between Press Employees and Employers and has been provided in the relevant place)

 

Article 117 - (It concerns the Trade Union Law No. 2821 dated 5 May 1983 and has been provided in the relevant place.)               Article 118 - (It concerns the Trade Union Law No. 2821 dated 5 May 1983 and has been provided in the relevant place.)

 

Regulations

Article 119 - The regulations stipulated herein shall be issued within six month as of the date of publication hereof.

 

Repealed provisions

Article 120 –All articles of the Labour Law No. 1475 dated 25 August 1971, except Article 14 hereby have been repealed.

 

Wages of handicapped persons employed at sheltered businesses

Additional Article 1(Added on 6 February 2014 by Article 59 of the Law No. 6518)

From among the wages paid in time by the employers to mentally disabled persons, who are employed at sheltered businesses and whom it is difficult to introduce into the labour market, the employer shall be provided by the Treasury with;

a) the monthly amount paid for each handicapped person employed in sheltered businesses in accordance with the subparagraph (a) of the first paragraph of Article 2 of the Law No. 2022 dated 1 July 1976 on the Provision of Pensions for Needy, Weak and Destitute Turkish Citizens who are over 65 Years of Age,

b) twenty percent of the amount determined additionally by the subparagraph (a), for each handicapped person employed in sheltered businesses established in the provinces within the scope of Article 2 of the Law No. 5084 dated 29 January 2004 on Investment and Employment Incentives and the Amendments to Certain Laws ,

c) twenty percent of the amount determined additionally by the subparagraph (a), for each handicapped person employed over the number of handicapped workers employed compulsorily at the businesses employing more handicapped workers than the compulsory number in the relevant legislation, in order to gain the status of sheltered business,

on the condition that the legal obligations relating to these wages are fulfilled exactly and in time.

The principles and procedures regarding the payment of parts of the wages stipulated in the first paragraph shall be determined by a regulation issued by the Ministry of Family and Social Policies, by receiving the assent of the Ministries of Finance and of Labour and Social Security.

 

8460

 

Excused leave

Additional Article 2 – (Added on 4 April 2015 by Article 35 of the Law No. 6645)

The worker shall be given a three-day leave in cases where he/she is married or adopts a child or his/her mother or father, spouse, brother/sister, child dies, and a five-day leave if his spouse gives birth.

The worker shall be given a leave for up to ten days, in mass or in sections, within one year during the treatment of his/her child who is at least 70% disabled or has a chronic illness, depending on the medical report and provided that only one of the working parents use such leave.

 

Provisional Article 1 - References in other legislation to the Labour Law No. 1475 shall be deemed to have been made hereto.

References to Articles 16, 17 and 26 of the Law No. 1475 in the subparagraphs 1 and 2 of the first paragraph and in eleventh paragraph of Article 14 of the said Law which is kept in force by Article 120 hereof, shall be deemed to have been made to Articles 24, 25 and 32 hereof.

 

Provisional Article 2 - (Repealed on 20 June 2012 by Article 37 of the Law No. 6331)

 

Provisional Article 3 - The minimum wage decision taken according to the Law No. 1475 shall remain in force until it is determined according to Article 39 hereof.

Provisional Article 4 -  The severance payment mentioned in Provisional Article 6 hereof shall commence as of 12 August 1967 for those for whom the provisions of Article 13 of the annulled Labour Law No. 3008 shall not apply.

The severance payment for those who are subject hereto for the first time shall commence from the date of entry into force of this Law.

 

Provisional Article 5 - The rates contained in Article 25 of the Law No. 1475 and in the paragraph (B) of Additional Article 1 of the Law No. 3713 shall prevail until the new rates are determined by the Council of Ministers pursuant to Article 30 hereof.

 

Provisional Article 6 - A severance pay fund shall be formed for severance payment. The severance pay benefits according to Article 14 of the Law No. 1475 shall be reserved until the date of entry into force of the Law relating to severance pay fund.

 

Provisional Article 7 - (Added on 6 May 2016 by Article 5 of the Law No. 6715)

Temporary labour relations established on the condition that a worker is employed for similar jobs he/she performs in accordance with the first paragraph of Article 7 before the date of publication of the Law making such provision and in order to fulfil the act of working for another employer shall continue during the contracts.

 

Entry into force

Article 121 - This Law shall enter into force on the date of its publication.

 

Enforcement

Article 122 - The provisions of this Law shall be enforced by the Council of Ministers.

 

8460-1

 

LIST SHOWING THE DATE OF ENTRY INTO FORCE

OF THE LAWS

ADDING PROVISIONS TO AND AMENDING THE LAW NO. 4857

 

       

 

Law / Decree Law No.

 

Date of the Official Gazette including the Promulgation of the Law /

Decree Law

Date of Entry into Force of the Law / Decree Law

Date/No. of the Constitutional Court Decision

Amended Articles of the Law No. 4857

  1.  

4884

17/6/2003

17/6/2003

-

3

  1.  

5378

7/7/2005

7/7/2005

-

108

  1.  

5538

12/7/2006

12/7/2006

-

2, 81

  1.  

5728

8/2/2008

8/2/2008

-

107, 108

  1.  

5754

8/5/2008

8/5/2008

-

32, 102

  1.  

5763

26/5/2008

26/5/2008

-

3, 33, 65, 78, 81, 82, 88, 95, 98, 105, 108, 111

  1.  

5763

26/5/2008

1/7/2008

-

30

  1.  

5763

26/5/2008

1/1/2009

-

85

  1.  

5797

19/8/2008

On the date of publication as of 1/7/2008

-

30

  1.  

5838

28/2/2009

(Repeating)

28/2/2009

-

18

  1.  

6009

1/8/2010

1/8/2010

-

2, 81

  1.  

6111

25/2/2011

(1. Repeating)

25/2/2011

-

74, 91, 92, 108

  1.  

Decree Law/665

2/11/2011

(Repeating)

2/11/2011

-

30

  1.  

6270

26/1/2012

26/1/2012

-

99, 100, 101, 102, 103, 104, 105

  1.  

  6353

12/7/2012

12/7/2012

-

30

  1.  

6331

30/6/2012

30/12/2012

-

2, 4, 7, 25, 63, 69, 71, 77, 78, 79, 80, 81, 83, 84, 85, 86,87, 88, 89, 95, 98, 105, Provisional Article 2

  1.  

6462

3/5/2013

3/5/2013

-

25, 30, 101

  1.  

6518

6/2/2014

28918

19/2/2014

-

5, 30, Additional Article 1

 

8460-2

 

LIST SHOWING THE DATE OF ENTRY INTO FORCE OF THE LAWS

ADDING PROVISIONS TO AND AMENDING THE LAW NO. 4857

 

 

Number of the Amending Law / Decree Law / Decision of Annulment of the Constitutional Court

 

Articles amended or annulled/repealed in the Law No. 4857

 

Date of Entry into Force

6552

3, 18, 36, 41, 53, 56, 112

41, 63

11/9/2014

1/1/2015

6645

41, 46, 55, 63, 69, 71, 104, 112, Additional Article 2

23/4/2015

6663

13, 74

10/2/2016

6704

56

26/4/2016

6715

7, 14, 63, 99, Provisional Article 7

20/5/2016

 

Judiciary of Turkey