FAQ

If the work halts due to severe winter conditions, is it legal to request compensation work?

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If the work halts due to severe winter conditions, is it legal to request compensation work?According to the regulation on work durations effective as of April 6, 2004, if the work is halted due to imperative reasons, national holidays or periods when working hours are shrunk considerably for similar reasons, the extra work time to make up the lost labour is called compensation work. The above-mentioned imperative reasons are unforeseen and unavoidable circumstances that no one could control. Being unable to deliver goods or complete installation due to intensive snow is a good example for these imperative reasons.

If the workload requires overtime, is any worker obligated to work?

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According to law number 4857, the regular work week is 45 hours. Any worker working over 45 hours works overtime. If a worker did not work over 45 hours per week on average for a period of 2 months but worked over 45 hours  during certain weeks, this will not be considered as overtime. If overtime work is necessary in a workplace, the worker has to give consent in writing. If a worker does not accept to work overtime, he cannot be forced. However, if overtime is mentioned in the employment contract, the provisions of the contract will be effective.

 

Is the employer obliged to give a raise on the workers salaries?

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The ratio of salary raise should be determined in the employment contract or collective contract. If the ratio and period are not determined in the contract, the employer cannot be forced to give a raise. In this case, whether there will be a raise or not, the ratio of raise, worker’s performance, promotion, inflation rate, salaries within the company or sector at large will be evaluated and determined by the employer. Therefore, if worker’s expectations of salary raise are not met and he decides to resign, he will not be entitled to any severance pay. However, if the ratio on the salary raise is determined in the employment contract or collective contract and the worker did not receive the determined raise, he will be entitled to severance pay upon terminating the employment contract.

 

How will the paid military service affect severance pay?

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As of December 31, 2011, males 30 years of age or older will be entitled to apply for paid military service. They will have to pay TL 30,000 (€13,000) and will be exempt from 21 day-long basic military training.

Are the employees who applied for paid military service entitled to severance pay upon resignation?    

The former labor law numbered 4857 article 14 clearly states that employees terminating employment contract due to military service are entitled to severance pay. Former paid military service required 21-day military training period. The employed recruit would be given a military recruitment document as he would be attending the military training. This document would be presented as a proof of recruitment in the military and the employee would be entitled to severance pay upon terminating the employment contract. Since there is no training in the new paid military service, the recruits will not receive any military recruitment document. Therefore, he will not be entitled to severance pay upon resignation.

 

What are the required documents for foreign workers who work under FDIs in Turkey?

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1. A work permit application petition addressing Ministry of Labour and Social Security,
2. Application Form for Foreigner (4 copies/3 pages, with photograph which was taken in last six months, signed originally with both employer and the foreign personnel)
3. Passport Copy (Translated to Turkish and notarized /consulate approved),
4. Diploma Copy (Translated to Turkish and notarized /consulate approved)
5. For interior applications residence permit (notarized copy) (Except residence permit for education, the residence permit has to be at least for six months and the application has to be done in this period. Otherwise, the foreigner has to apply from the Foreign Representative of Turkey in his/her country)
6. CV (1 copy / 2 pages, prepared in Turkish)
7. A document proofing the status, if the foreigner is a partner representative, nominated by principal company abroad or holding the status of key personnel (given by the employer, approved by competent authority)

Who is defined as 'key personnel' in these foreign direct investments?

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a) 1) Working in the company’s senior management or executive position,
2) Managing the entire or a part of the company,
3) Supervising or checking the works of the company’s auditors, administrative or technical personnel,
4) Taking new personnel to the company or terminating the employment of those existing or making suggestions in this subjects,
any person in charge of at least one of the above fields or authorized in these matters; acting in the position of the company’s associate, chairman of the board of directors, member of the board of directors, general manager, general manager associate, company manager, company manager associate and similar positions,
b) Any person featuring the knowledge considered essential for the company’s services, research devices, techniques or methods,
c) Maximum one person in the liaison offices, who has been issued a letter of authorization by the principal company abroad.

What are the requirements for a company to be considered a foreign direct investment?

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A company or a branch must provide one of the following circumstances to be counted as “special direct foreign investments” :
a) The fact that the company’s or branch’s last annual turnover amounts to at least 61,04 million Turkish Lira, under the condition that the total capital share of the foreign shareholders amounts to at least 812,277 million Turkish Lira,
b) The fact that the company’s or branch’s last annual exports amount to at least 1 million US Dollars, under the condition that the total capital share of the foreign shareholders amounts to at least 812,277 million Turkish Lira,,
c) The fact that at least 250 personnel are employed with the company or branch within the last year, which personnel is registered with the Social Securities Institution, under the condition that the total capital share of the foreign shareholders amounts to at least 812,277 million Turkish Lira,
d) That in case the company or branch shall realize an investment, the minimum fixed investment amount foreseen shall be at least 20.4 million Turkish Lira,
e) The fact that the principal company features any direct foreign investment in at least one more country apart from the country where its head offices are situated.

 

 

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