The Labour Code No. 4857, which is the basic law of Turkish Labour Law, allowed individuals who have not reached the age of 18 (who have the status of ‘children’ according to the Turkish Civil Code) to be employed and work in certain cases and with certain special conditions.
In this regard, according to the Code No. 4857, employees who have completed the age of fifteen but have not completed the age of eighteen are called as “young workers” and who have completed the age of fourteen are called as “child workers.”
Accordingly, it is prohibited to employ children under the age of fifteen.
However, children who are fourteen years old and have completed compulsory primary education; can be employed in light work that will not hinder their physical, mental, social and moral development and the class attendance of those who continue their education. Children under the age of fourteen can be employed in art, culture and advertising activities that will not hinder their physical, mental, social and moral development and the class attendance of those who continue their education in school, provided that they make a written contract and obtain separate permission for each activity.
Safety, health, physical, mental and psychological developments, personal predispositions and abilities of child and young workers are taken into account in the placement of children and young workers and the jobs in which they can be employed. The work the child does cannot prevent him from going to school, continuing his vocational education, or harming his ability to attend classes regularly.
The jobs that are prohibited for children and young workers who have not completed the age of eighteen, the jobs that young workers who have completed the age of fifteen but have not completed the age of eighteen will be allowed to do, the light jobs in which children who have completed the age of fourteen and have completed compulsory primary education can be employed, the jobs that young workers who have completed the age of sixteen but have not completed the age of eighteen can be employed, and their working conditions are determined by the regulation issued by the Ministry of Labour and Social Security.
The working hours of children who have completed compulsory primary education and do not continue formal education are seven hours a day and thirty-five hours a week; those working in arts, culture and advertising activities cannot be more than five hours a day and thirty hours a week. This period can be increased up to eight hours a day and forty hours a week for children over the age of fifteen.
Pre-school children and children attending school may work for a maximum of two hours a day and ten hours a week, outside of educational hours. Working hours during periods when the school is closed cannot exceed the periods stipulated in the paragraph above.
Scope of art, culture and advertising activities, granting work permits to children who will work in these activities, working and rest periods according to age groups and activity types, working environment and conditions, procedures and principles regarding payment of wages and other issues is being determined the regulation issued by the Ministry of Labour and Social Security, by taking the opinions of the Ministry of Health, the Ministry of National Education and the Radio and Television Supreme Council, the Ministry of Family and Social Policies, and the Ministry of Culture and Tourism.
It is forbidden to employ men under the age of eighteen and women of any age in underground or underwater jobs such as mines, cable laying, sewerage and tunnel construction.
It is prohibited to employ children and young workers under the age of eighteen in industrial jobs at night.
