Obligation to Employ Disabled and Ex-Convicts According to Turkish Labour Code

April 21, 2024by Bünyamin Esen0

The obligation of employers to employ disabled and ex-convict personnel in their workplaces is regulated in the Article 30 of the Labour Code No. 4857, which is the basic law of Turkish Labor Law.

Accordingly, employers who are within the scope of the Act No. 4857 are obliged to employ three percent disabled people in private sector workplaces where they employ fifty or more workers.

In public workplaces, it is mandatory to employ four percent disabled and two percent ex-convict workers. In public workplaces, instead of ex-convict workers, those who fall within the scope of the Military Service Law No. 1111 or the Reserve Officers and Reserve Military Officers Law No. 1076 and who were injured while performing their military duty as a result of the cause and effect of terrorist incidents enlisted in the Article 21 of the Anti-Terrorism Law No. 3713 can also be employed.

According to the Turkish Labour Law, there is no obligation to employ ex-convicts in private sector workplaces.

For those employed as disabled or ex-convicts, the employer is obliged to employ in jobs appropriate to their professional, physical and mental conditions.

The number of workers that an employer who has more than one workplace within the borders of the same province of Türkiye is obliged to employ in this context is calculated according to the total number of workers.

Addition to that, in determining the number of workers to be employed, workers employed according to fixed and indefinite term employment contracts are both taken as basis. According to a part-time employment contract, employees are converted to full-time employment, taking into account their working hours. In calculating the ratio, fractions up to half are not taken into account, and those that are half or more are converted to whole.

While the liability to employment of disabled is considered priority is given to those who become disabled while working in the workplace.

Bünyamin Esen

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