As the employer and the employee are not in equal positions in the employment relationship, and despite that there is a rule of “freedom of contract”, the public authority involves in and defines the minimum conditions for an employment relationship. In case of violation or breach of the rules defined in the Turkish Labour Law, administrative sanctions are being implemented to employers in-line with the provisions of the Act No. 4857. These sanctions might be criminal or in the form of administrative fines.
All administrative fines that are specified in the Turkish Labour Code No. 4857 are subjected to be revaluation each year in line with the Revaluation Rate to be determined annually. The General Communiqué Serial No. 542 on Tax Procedure Law has been published at the Turkish Official Gazette, and with this Communique the Revaluation Rate for the calendar year of 2023 is determined as 122.93 percent.
Accordingly, the administrative fines that are specified at the Turkish Labour Code No. 4857 have been revaluated with the revaluation rate of 122.93%. The fine amounts for each violation act to be applied in 2023 is being enlisted below:
| ADMINISTRATIVE FINES TO BE APPLIED ACCORDING TO THE LABOUR CODE NO. 4857 IN THE CALENDAR YEAR OF 2023 (Revaluation Rate 122.93%) | |||||
| ARTICLE NUMBER OF THE LAW DEFINING THE OBLIGATION | ARTICLE NUMBER OF THE SANCTION | ACT REQUESTING ADMINISTRATIVE FINE | AMOUNT OF THE FINE TO BE IMPLEMENTED IN 2023 (TL) | IMPLEMENTATION BASIS | |
| 3 | 98 | Reporting the workplace in collusion | 105.688 | Separately, to the principal employer and sub-employer representatives whom workplaces are being declare as collusion. | |
| 5 | 99/1-a | Acting against the principle of equal treatment to workers | 885 | For each worker in this situation | |
| 7 | 99/1-b | Employing temporary workers in violation of the principles and obligations stipulated in the Article | 1.480 | For each worker in this situation | |
| 7/2-(f) | 99/2 | Acting against subparagraph f of paragraph 2 of article 7 | 5.921 | Four times the penalty clause 99/1-b | |
| 8 | 99/1-c | Not giving a written document that specifies the content of the employment contract | 885 | For each worker in this situation | |
| 14 | 99/1-c | Violating the on-call and remote working provisions | 885 | For each worker in this situation | |
| 28 | 99/1-d | Not giving a Certificate of Employment to the employee who left the job, writing false information on the document | 885 | For each worker in this situation | |
| 29 | 100 | Dismissal of workers in violation of the provision of the article (collective dismissal) | 3.475 | For each worker in this situation | |
| 30 | 101 | Not Employing Disabled and Ex-Convicts | 13.190 | For every disabled and ex-convict and non-employed month | |
| 32 | 102/a | Intentionally failing to pay or paying incompletely the wage arising from this law or arising from the CLA or employment contract. | 956 | For every worker and every month in this situation | |
| 32 | 102/a | Failure to pay wages, premiums, bonuses and all kinds of remuneration of this nature to a specially opened bank account when required | 956 | For every worker and every month in this situation | |
| 37 | 102/b | Not issuing a wage calculation slip | 3.475 | ||
| 38 | 102/b | To impose an illegal wage deduction or not to report the reason and amount of the deduction | 3.475 | ||
| 39 | 102/a | Not paying or underpaying the minimum wage | 956 | For every worker and every month in this situation | |
| 41 | 102/c | Not paying the wage for overtime work, not allowing the worker to use the free time he/she deserves within six months, not getting the employee’s approval for the work to be done as overtime work | 1.683 | For each worker in this situation | |
| 52 | 102/b | Not giving the relevant document to the representative in the works that wages are paid with the percentage method | 3.475 | ||
| 56 | 103 | Unlawfully splitting annual paid leave | 1.683 | For each worker in this situation | |
| 57 | 103 | Not paying the annual paid wage or paying incompletely | 1.683 | For each worker in this situation | |
| 59 | 103 | Failure to pay annual leave to the employee whose contract has been terminated | 1.683 | For each worker in this situation | |
| 60 | 103 | Failure to allow or incomplete use of the leave in violation of the essential procedures of the annual leave regulation | 1.683 | For each worker in this situation | |
| 63 | 104 | Failure to comply with the working hours and the provisions of the relevant regulation | 9.302 | ||
| 64 | 104 | Failure to comply with make-up work procedures | 1.683 | For each worker in this situation | |
| 68 | 104 | Failing to comply with the rules regarding breaks during work | 9.302 | ||
| 69 | 104 | Working the workers for more than 7.5 hours at night, not changing their day and night shifts | 9.302 | ||
| 71 | 104 | Violating the prohibition of employing children below a certain age | 9.302 | ||
| 72 | 104 | Non-compliance with the prohibition of working on the ground and underwater for some employees | 9.302 | ||
| 73 | 104 | Working children and young people at night or acting contrary to the provisions of the relevant regulation | 9.302 | ||
| 74 | 104 | Employing a female worker before or after giving birth and not giving her unpaid leave | 9.302 | ||
| 75 | 104 | Not editing the Employee Personnel file | 9.302 | ||
| 76 | 104 | Violating regulations regarding working hours | 9.302 | ||
| 92/2 | 107/1-a | Not to come when they are called, not to give statements and information, not to bring the necessary documents and evidence, not to provide all kinds of facilities for the Labour Inspectors to perform their duties written in paragraph 92/1, and not to fulfill their orders and requests without delay. | 84.552 | ||
| 96/1 | 107/1-b | Making suggestions by employers to workers whose statements and information are sought, forcing them to hide or changing the truth, or behaving badly against them when they testify to the relevant authorities. | 84.552 | ||
| 107/2 | To prevent the execution and conclusion of the inspection and audit duties of the Labour Inspectors | 84.552 | |||
