An announcement about the Work Permit Extension Application Document is being published by the Ministry of Labour and Social Security on the date of 17th of May 2024. In this regard, the following provision in the Article 27/5 of the International Labour Force Code’s Implementation Regulation is being reminded by the Ministry: “Foreigners on whose...
“The Principle of Equal Treatment” is stipulated in the 5th Article of the Turkish Labour Code No. 4857. According to the article, the employer has the obligation to act equally. If there is no reason that justifies discrimination between the nature of the work and the workers, equal wages should be paid for equal work....
In terms of the Turkish Labour Code No. 4857, which is the primary legislation of the Turkish Labour Law, the statute of limitations begins on the date of birth of the right. For example, the statute of limitations for overtime wages is also applied while the employment contract continues, but since the right to annual...
The Ministry of Labour and Social Security has published the “Regulation on Amendments to the Implementation Regulation of the International Labour Code” in the Official Gazette dated October 15, 2024 and numbered 32693 and thus entered into force. The Implementation Regulation of The International Labour Code aims to determine, implement and monitor policies regarding international...
The Article 29 of the Social Insurance and General Health Insurance Code No. 5510, which is the primary legislation of the Turkish Social Insurance Regime, entitled “Calculation of Old Age Pension” explains the calculation method of old age pensions (retirement pensions) in Türkiye: “The old age pension of the insured within the scope of subparagraphs...
“Severance pay” (or “Severance compensation”) is a payment made to the employee whose employment contract has ended due to the conditions and reasons stipulated in the 14th Article of the Labour Law No. 1475. The payment shall be made to the employee or to the heirs of the employee in the event of the decease...
The Turkish Labour Code No. 4857, which is the primary law of the Turkish Labour Legislation, has brought several principles and provisions regarding “the principle of equal treatment” and “the rule of prohibition of discrimination” in labour relationship. “The equal treatment principle” and “the rule of prohibition of discrimination” shall be applied to recruitment processes...
According to the provisions of the International Labour Code No. 6735, employers who are planning to employ foreign nationals who will work in Türkiye are required to apply and obtain a work permit before the foreigner commences working. The work permit is a type of permit issued by the Ministry of Labour and Social Security...
As is known, for the termination of indefinite-term employment contracts by the employer, a valid reason has to be presented as determined in International Labour Organization (ILO)’s Convention No. 158. In line with this international rule, what can and cannot be a valid reason is being regulated in the Turkish domestic legislation by the Article...
The Article 29 of the Turkish Labour Code No. 4857 has set forth certain rules regarding collective dismissals and imposed an obligation of notifying such layoffs. In order to avoid administrative fines, it is important for employers to pay attention to the rules regarding collective dismissals and the notification requirement regarding it. Accordingly, collective dismissals...
Depending on the economic developments experienced nationwide or at the sector or at the enterprise level, mass layoffs may be made in some enterprises. The Article 29 of the Turkish Labour Code No. 4857 has set forth certain rules regarding collective dismissals and imposed an obligation of notifying such layoffs. In order to avoid administrative...
The payment made to unemployed people who are covered by the unemployment insurance and who have become unemployed against their will, provided that they meet certain conditions defined in the Act No. 4447 and to be made for a certain period of time in-line with the aforementioned act is called “Unemployment Benefit.” Insured people whose...
The Turkish Council of State 10th Chamber, with its decision numbered 2023/170 and decision numbered 2024/1853, annulled the subparagraph (a) of the seventh paragraph of the Article 97 of the Social Security Procedures Regulation and the Articles 2.1.2 and 2.1.4 of The Employer Procedures Circular of the Social Security Institution (SSI) numbered 2020/20 which is...
The payment made to unemployed people who are covered by the unemployment insurance and who have become unemployed against their will, provided that they meet certain conditions defined in the Act No. 4447 and to be made for a certain period of time in-line with the aforementioned act is called “Unemployment Benefit.” Insured people whose...
One of the most important disagreements between the parties to the employment contract (employee and employer) is ensuring the sustainability of the employment contract in practice. In order for the employment contract to be terminated by the employee or employer without a justified reason (termination to be effective immediately), the terminating party must notify the...
The Article 29 of the Turkish Labour Code No. 4857 has set forth certain rules regarding collective dismissals and imposed an obligation of notifying such layoffs. In order to avoid administrative fines, it is important for employers to pay attention to the rules regarding collective dismissals and the notification requirement regarding it. If the number...
Depending on the economic developments experienced nationwide or at the sector or at the enterprise level, mass layoffs may be made in some enterprises. Mass layoffs are being specially regulated in all labour regimes as they have a potential to harm the labour market. In this regard, the Article 29 of the Turkish Labour Code...
The primary regulations regarding occupational health and safety measures to be followed in workplaces in Türkiye are regulated by the Occupational Health and Safety Code No. 6331 of 2012. One of the obligations imposed on employers by the Article 18 of Code No. 6331 is to ensure that employees’ opinions are obtained and their participation...