RECENT AMENDMENTS ON TURKISH LABOR LAW

In August 2017, some important amendments came into force in relation with the Turkish Labor Law.

You can find here-below a brief summary of the new provisions to be applied in Labor Law.

1. AMENDMENTS REGARDING THE REGULATION ON THE PAID ANNUAL LEAVE (In Turkish “Yıllık Ücretli İzin Yönetmeliği”)
   • Former Provision (Article 6): Paid annual leave could only be divided into three parts provided that the duration of one of the parts would not be less than 10 (ten) days.
     Amended Provision: The amended provision has brought a more flexible approach for the use of paid annual leave. In this respect, the limitation of dividing the paid annual leave maximum into three parts has been abolished. According to the amended provision, the paid annual leave may be used in parts (without any limitation) provided that one of the parts shall not be less than 10 (ten) days and that the parties (employer and employee) shall reach an agreement on.
   • New Added Provision (Article 6, paragraph 9): If the subcontractor employees (in Turkish “Alt işveren işçileri”) continue to work at the same place of business, even the subcontractor changes, the duration of the paid annual leave entitled by the subcontractor employee shall be calculated by taking into consideration the entire period of work at the same place of business.The primary employer (in Turkish “Asıl işveren”) is obliged to control whether or not the subcontractor employees use the paid annual leave that they are entitled to and to ensure the use of the same. On the other hand, the subcontractor is obliged to provide the primary employer with a copy of the annual paid records (annual paid book etc.) that the subcontractor should keep as being the employer.
   • New Added Provision (Article 9, paragraph 7) : The paid annual leave entitled by the employees working underground shall be increased by adding 4 (four) days to the regular term of the paid annual leave.
2. AMENDMENTS REGARDING THE REGULATION ON WORKING CONDITIONS FOR FEMALE EMPLOYEES AT NIGHT SHIFT (In Turkish “Kadın Çalışanların Gece Postalarında Çalıştırılması Koşulları Hakkında Yönetmelik”)
   • Former Provision (Article 5) : In the former provision, it was not allowed to ask a female employee to work more than 7,5 hours at night shift for whatever reason.
     Amended Provision: With the new amendment, for the activities carried out in tourism, private security and health services, it is allowed for the female employees to work more than 7,5 hours at night shift provided that the written approval of the female employee is obtained.
3. AMENDMENTS REGARDING THE REGULATION ON SPECIAL PROCEDURES AND PRINCIPLES RELATED WITH THE WORKS CARRIED OUT BY RELYING ON SHIFT WORK (In Turkish “Postalar Halinde İşçi Çalıştırılarak Yürütülen İşlerde Çalışmalara İlişkin Özel Usul ve Esaslar Hakkında Yönetmelik”)
   • New Added Provision (Article 4, paragraph “a”) : In the former provision, for all types of work, the business could only be arranged as three shifts at least in 24 hours. However, the provision newly added has foreseen an exemption for the business activities carried out in tourism, health and private security services. Accordingly, in such activities the business may be arranged as two shifts in 24 hours.
   • Former Provision (Article 7) : As per the former provision, it was not allowed for the employees to work more than 7,5 hours at night shift.
     Amended Provision: In the amended provision, an exemption has been brought for the employees carrying out tourism, health and private security services. In such activities, the employees may work more than 7,5 hours at night shift provided that they have given their written approval.
   • Former Provision (Article 12): At shift work, the employer or the representative of the employer had to present to the relevant regional directorate a list including the names and surnames of the employees working in each shift and a copy of the periodic health reports that would be taken for the employees before starting to work.
     Amended Provision: At shift work, the employer or the representative of the employer shall keep the lists including the names and surnames of the employees working in each shift to be presented to the Ministry whenever required.
4. AMENDMENTS REGARDING THE REGULATION ON SUBCONTRACTING (In Turkish “Alt İşverenlik Yönetmeliği”)
   •  Former Provision (Article 13): As per the former provision, the primary employer and/or the subcontractor had 6 (six) business days to raise objections before the labour court against the report of the labour inspector that alleges that there is a fictious relation (in Turkish “muvazaalı ilişki” ) between the primary employer and the subcontractor.
     Amended Provision : Following the amendment of the provision, the primary employer and the subcontractor have 30 (thirty) business days to raise objections before the labourt court against the report.
   • New Added Provision (Article 13, paragraph 1): The court procedure of a lawsuit to be initiated by the primary employer and/or subcontractor against the report of the labour inspector has been determined.
   • Former Provision (Article 13, paragraph 3): In the former provision, an administrative fine was stipulated in case of a fictious relation to be determined by the labour inspector.
     Amended Provision: The administrative fine has been abolished, which means that no administrative fine shall be accrued against the primary employer and the subcontractor even a fictious relation between them is determined.
5. AMENDMENTS REGARDING THE REGULATION ON WORKING TIMES CONCERNING LABOUR LAW (In Turkish “İş Kanununa İlişkin Çalışma Süreleri Yönetmeliği”)
   • Former Provision (Article 4) : The weekly working hour for all employees was 45 (fourty five) hours.
     New Added Provision (Article 4, Paragraph 8) : Weekly working hour of underground mining employees has been set forth as 37,5 (thirty seven and a half) hours instead of 45 (fourty five) hours and maximum 7,5 (seven and a half) hours per day.
   • Former Provision (Article 5): The equalization (in Turkish “Denkleştirme”) in all sectors was possible only for 2 (two) months period or it could be extended to 4 (four) months period with collective bargains.
     New Added Provision (Article 5, paragraph 2): The equalization period in tourism sector has been determined as 4 (four) months instead of 2 (two) months. With the new added provision, this four-month period can be extended to 6 (six) months with collective bargains.
6. AMENDMENTS REGARDING THE REGULATION ON OVERTIME AND EXCESSIVE WORK CONCERNING LABOUR LAW (In Turkish “İş Kanunu’na İlişkin Fazla Çalışma ve Fazla Sürelerle Çalışma Yönetmeliği”)
   • Former Provision (Article 4) : As per the former provision, in all sectors every hour of extra work exceeding 45 (fourty five) hours in a week is called overtime work. The employee may either get paid for the hour of extra work or may spend a designated free time in exchange of extra work. According to the Article 41/2 of the Labour Code, overtime wage for one hour is increased 50% in comparison to normal wage.
     New Added Provisions (Article 4, paragraph 5 and Article 8, paragraph “e”): As per the new added provisions, an exemption has been set forth for underground mining employees. Accordingly for underground mining employees, every hour of extra work exceeding 37,5 (thirty seven and a half) hours in a week is called overtime work. In such a case the overtime wage for one hour is increased at least 100 % in comparison to normal wage. Further, extra work is allowed for underground mining employees only in case ofovertime of imperative reasons (article 42 the Labour Code) (in Turkish “Zorunlu nedenlerle fazla çalışma”) and overtime at state of emergencies (article 43 of the Labour Code) (in Turkish “Olağanüstü hallerde fazla çalışma”) as defined in the Labour Code.
   • Former Provision (Article 9, paragraph 2) : As per the former provision, the written approval of the employee had to be taken in the beginning of each year for overtime work and it had to be kept in the personal file of each employee.
     Amended Provision: As per the amended provision, necessity of receiving the employee’s written approval each year has been abolished. Accordingly, it is sufficient to receive the employee’s written approval whilst signing the employment contract or when the overtime work requirement is in question. The written approval shall be kept in the personal file of each employee.
     New Added Provision (Article 9, paragraph 2, last sentence) : As a new right granted to the employee, the employee is entitled to renounce his/her approval for overtime or excessive work provided that he/she notifies the employer in writing 30 (thirty)days before his /her renouncement.

Our law firm remains at your disposal for any further clarifications you may require.