Av. Alparslan LEVENT -Karşıyaka Avukat - İzmir Avukat
Av. Alparslan LEVENT -Karşıyaka Avukat - İzmir Avukat
Av. Alparslan LEVENT -Karşıyaka Avukat - İzmir Avukat

LABOR LAW

Introduction to Turkish Labor Law

Turkish Labor Law is primarily governed by the Labor Law No. 4857, which regulates the rights and obligations of employees and employers. This law, enacted in 2003, aims to harmonize Turkish labor standards with international norms, particularly those of the European Union. It covers a wide range of topics including employment contracts, working conditions, wages, leaves, and termination of employment. The law seeks to ensure fair treatment, protect employee rights, and promote safe and healthy working environments.

One of the key principles of Turkish Labor Law is the protection of employee rights. This includes provisions on minimum wage, working hours, overtime pay, and social security. The law mandates a maximum of 45 working hours per week, with any additional hours considered as overtime, which must be compensated at a higher rate.

The Labor Law also emphasizes the importance of written employment contracts, especially for definite-term contracts exceeding one year. These contracts must detail essential terms such as job description, wages, and working hours.

Dispute resolution mechanisms are also outlined in the law, providing avenues for both employees and employers to address grievances. This includes mediation and litigation processes aimed at resolving conflicts in a fair and timely manner.

Overall, Turkish Labor Law aims to balance the interests of employees and employers, fostering a cooperative and productive work environment.

Employment Contracts

Employment contracts in Turkey can be written or oral but must include essential elements such as the nature of the job, wages, and working hours. There are various types of employment contracts including indefinite-term, definite-term, part-time, and full-time contracts. The Labor Law No. 4857 stipulates that written contracts are mandatory for definite-term contracts exceeding one year.

Indefinite-term contracts are the most common form and do not have a specified end date. These contracts continue until one of the parties terminates the agreement under the conditions set forth by the law. Definite-term contracts, on the other hand, have a specific end date and are often used for temporary or project-based employment. However, these contracts cannot be repeatedly renewed without a valid reason, as this would convert them into indefinite-term contracts.

Part-time contracts are for employees working fewer hours than the standard weekly hours, typically less than 30 hours per week. Full-time contracts adhere to the standard working hours of 45 hours per week. Both part-time and full-time employees are entitled to the same rights and protections under the Labor Law, including social security benefits, leaves, and minimum wage.

Employment contracts must clearly state the job description, the working hours, the wage and payment terms, and other essential conditions of employment. It is also crucial to include provisions for probation periods, if any, which typically last up to two months but can be extended to four months for managerial positions.

Failure to comply with these requirements can result in legal disputes and penalties for employers. Therefore, it is advisable for both parties to ensure that all terms are clearly defined and agreed upon in the contract.

Working Hours and Overtime

The standard working hours in Turkey are 45 hours per week, usually spread over six days. The Labor Law No. 4857 specifies that the daily working time should not exceed 11 hours. Any work beyond the standard 45 hours per week is considered overtime and is subject to additional pay. Overtime pay is typically 1.5 times the regular hourly wage.

Employees can also choose to take compensatory time off instead of overtime pay, with the agreement of the employer. The compensatory time off must be granted within six months following the overtime work. The law sets a limit on the maximum amount of overtime an employee can work, ensuring it does not exceed 270 hours annually.

There are also provisions for night work, which is defined as work performed between 8:00 PM and 6:00 AM. Night work should not exceed 7.5 hours per day. Employees engaged in night work are entitled to special protections and benefits due to the health and safety risks associated with working at night.

Rest breaks and daily rest periods are also regulated. Employees are entitled to a minimum of one rest break during their workday, depending on the length of the working hours. Additionally, there must be at least 11 consecutive hours of rest between two working days.

Wages and Payments

Turkish Labor Law establishes the framework for determining wages and payments, ensuring that employees receive fair compensation for their work. The minimum wage in Turkey is set by the government and reviewed annually. Employers are required to pay at least the minimum wage to all employees, regardless of the sector or job position.

Wages must be paid in Turkish Lira and on a regular basis, at least once a month. Payment can be made through bank transfer or in cash. Employers are obligated to provide employees with a detailed pay slip outlining the gross wage, deductions, and net wage.

In addition to regular wages, employees are entitled to various allowances and benefits. These may include transportation and meal allowances, bonuses, and other forms of compensation agreed upon in the employment contract. Employers must also make contributions to social security on behalf of their employees, covering health insurance, unemployment insurance, and pension contributions.

Deductions from wages are strictly regulated and can only be made for specific reasons such as taxes, social security contributions, and court-ordered deductions. Any other deductions require the written consent of the employee.

The Labor Law also mandates that employees who work on official holidays or rest days are entitled to additional compensation. This compensation is usually at least double the regular hourly wage.

Leaves and Holidays

Employees in Turkey are entitled to various types of leave, ensuring they have adequate time for rest and personal matters. Annual paid leave is a fundamental right for all employees who have completed at least one year of service with the same employer. The duration of the annual leave depends on the length of service:

  • 1 to 5 years of service: 14 days of annual leave
  • 5 to 15 years of service: 20 days of annual leave
  • More than 15 years of service: 26 days of annual leave

Young employees (under 18) and senior employees (over 50) are entitled to a minimum of 20 days of annual leave, regardless of their length of service.

In addition to annual leave, employees are entitled to public holidays, which are designated by the government. These include national and religious holidays such as New Year's Day, National Sovereignty and Children's Day, Republic Day, and the religious holidays of Eid al-Fitr and Eid al-Adha.

Employees are also entitled to sick leave, maternity leave, and paternity leave. Sick leave is granted upon the presentation of a medical report, and the duration depends on the nature and severity of the illness. Maternity leave is 16 weeks, divided into 8 weeks before and 8 weeks after the birth. Fathers are entitled to 5 days of paternity leave following the birth of their child.

Other types of leave include marriage leave (3 days), bereavement leave (3 days), and leave for other personal reasons as stipulated in the employment contract or collective bargaining agreement.

Termination of Employment

Termination of employment in Turkey is regulated to protect both employees and employers. Employment can be terminated either by the employee (resignation) or by the employer (dismissal). The reasons and procedures for termination are governed by the Labor Law No. 4857.

Employees wishing to resign must provide notice to their employer. The notice period depends on the length of service:

  • Up to 6 months of service: 2 weeks’ notice
  • 6 months to 1.5 years of service: 4 weeks’ notice
  • 1.5 to 3 years of service: 6 weeks’ notice
  • More than 3 years of service: 8 weeks’ notice

Employers must also provide notice to employees when terminating their employment. The notice periods are the same as those for employee resignation. During the notice period, employees are entitled to 2 hours per day to seek new employment.

There are specific grounds on which an employer can terminate employment without notice. These include serious misconduct, such as theft, violence, or disclosure of confidential information. In such cases, the employer must terminate the employment within six working days of becoming aware of the misconduct.

If an employer dismisses an employee without a valid reason, the employee may file a claim for unfair dismissal. In such cases, the employer may be required to reinstate the employee or provide compensation equivalent to up to eight months' wages.

Severance pay is mandatory for employees who have completed at least one year of service and whose employment is terminated for reasons other than resignation, retirement, or serious misconduct. Severance pay is calculated based on the employee's length of service and is equivalent to 30 days' wages for each year of service.

Employee Rights and Obligations

Employees in Turkey are entitled to a wide range of rights designed to protect their welfare and ensure fair treatment. Key rights include:

  • Right to Fair Wages: Employees are entitled to receive at least the minimum wage set by the government.
  • Right to Safe Working Conditions: Employers must provide a safe and healthy working environment, adhering to occupational health and safety regulations.
  • Right to Social Security: Employees are covered by social security, which includes health insurance, unemployment insurance, and pension benefits.
  • Right to Non-Discrimination: Employees must not be discriminated against based on gender, age, race, religion, or other protected characteristics.
  • Right to Privacy: Employees have the right to privacy regarding their personal data and communications.

Employees also have obligations towards their employers, including:

  • Duty of Loyalty: Employees must act in the best interests of their employer and avoid any conflicts of interest.
  • Duty of Confidentiality: Employees must keep any confidential information obtained during their employment private and not disclose it to third parties.
  • **Duty

of Diligence**: Employees must perform their duties diligently and in accordance with the terms of their employment contract.

Failure to fulfill these obligations can result in disciplinary action, including termination of employment.

Employer Rights and Obligations

Employers in Turkey have rights and obligations aimed at maintaining a fair and productive workplace. Key rights include:

  • Right to Manage the Workforce: Employers have the authority to manage their workforce, including hiring, assigning tasks, and setting work hours.
  • Right to Disciplinary Action: Employers can take disciplinary action against employees for misconduct or poor performance, following the procedures outlined in the employment contract and Labor Law.
  • Right to Terminate Employment: Employers can terminate employment for valid reasons, provided they comply with the notice and severance requirements.

Employers also have significant obligations, including:

  • Providing Safe Working Conditions: Employers must ensure that the workplace is safe and compliant with occupational health and safety regulations.
  • Paying Fair Wages: Employers must pay employees at least the minimum wage and ensure timely payment of wages and benefits.
  • Contributing to Social Security: Employers must make regular contributions to social security on behalf of their employees.
  • Preventing Discrimination: Employers must ensure that their employment practices are non-discriminatory and comply with equality laws.

Non-compliance with these obligations can result in legal penalties and compensation claims from employees.

Dispute Resolution and Litigation

Dispute resolution in the context of Turkish Labor Law involves several mechanisms to address conflicts between employees and employers. These mechanisms aim to resolve disputes in a fair and timely manner, minimizing disruption to the workplace.

The first step in resolving labor disputes is typically negotiation between the employee and employer. If direct negotiation fails, the parties can seek mediation. Mediation is a voluntary and confidential process where a neutral third party helps the disputing parties reach an agreement. The mediation process is encouraged by the Labor Law as it is often quicker and less adversarial than litigation.

If mediation is unsuccessful, the dispute can be taken to labor courts. Labor courts in Turkey specialize in resolving employment-related disputes and have the authority to adjudicate claims related to unfair dismissal, wage disputes, workplace discrimination, and other employment issues. The court process involves filing a lawsuit, presenting evidence, and attending hearings. Labor court decisions can be appealed to higher courts.

For disputes involving collective bargaining agreements, trade unions play a crucial role. Trade unions can represent employees in negotiations with employers and in collective disputes. If a collective bargaining dispute cannot be resolved through negotiation or mediation, it may result in industrial action, such as strikes or lockouts.

Conclusion

Turkish Labor Law provides a comprehensive framework to regulate the employment relationship, protecting the rights of employees while balancing the interests of employers. Key elements of the law include the regulation of employment contracts, working hours, wages, leaves, and the procedures for terminating employment. The law also outlines mechanisms for resolving disputes between employees and employers, promoting fair and timely solutions.

Understanding the intricacies of Turkish Labor Law is essential for both employees and employers to ensure compliance and maintain a harmonious workplace. By adhering to the provisions of the Labor Law, both parties can foster a cooperative and productive work environment that benefits all stakeholders.