2021 Labor Law Administrative Fines

Those who do not comply with the legal regulations are subject to administrative fines. The monetary fines are determined every year based on the minimum wage. Upon declaration of the minimum wage for 2021 as 3.577.50 TL, administrative fines on businesses that do not comply with the provisions of the Labor Law No.4857 are updated as follows:

4857 Labor LawSubjectPenal Sanction CodeAct Requiring PenaltyPenalty Fee
3Obligation to notify the workplace98Separately to the principal employer and sub-employer or their representatives who notify the workplace in the second paragraph of the article with a pretense (whose notification about the sub-employer is falsified).34.809 TL
5Equal Treatment Principle99/1 -aFor every worker whom the employer does not treat equally.292 TL
7Temporary Work Relationship99/1 -bFor every worker whom the employer violates the provisions of temporary employment.488 TL
8Mandatory document to be given to the employee in the absence of an Employment Agreement99/1 -cFor every worker who is not given a document regarding the working conditions.292 TL
14Remote work or on-call work99/1 -cFor every worker whose employer does not comply with the provisions of the on-call procedure.292 TL
28Certificate of Employment99/1 -dFor every worker who has not been given a certificate of employment even though s/he has left the job or who has incorrect information written on the certificate of employment given.292 TL
7/fTemporary Work Relationship – Unforeseen Increase in Production99/2. fıkraTo the employer or employer’s representative who employs temporary workers against the stipulated principles and obligations – for each worker.1.958 TL
29Mass layoff100For the employer who dismissed workers by acting against the provisions of collective dismissal, for each dismissed worker.1.145 TL
30Obligation to Employ Disabled and Former Convicts101Although the employer is obliged to employ a disabled worker, for each disabled worker he / she does not employ and for each month.4.345 TL
32Non-payment of wage102/aFor each employee whose wage is not paid in case of deliberate failure to pay or underpayment of the wage arising from the collective labor agreement or the labor agreement – for each month.315 TL
39Minimum Wage102/aFailure to pay the minimum wage and other wages, premiums, bonuses and all kinds of remuneration in full  that are required -and it is not deposited in a specially opened bank account-.315 TL
37Payroll102/bNot to process payroll1.145 TL
38Wage cut102/bWage cut implemented against the labor law.1.145 TL
52Documentation of percentages102/bIn the workplaces where the percentage method is applied, the document showing the general total of each account statement is not given to the representative chosen by the workers.1.145 TL
41Overtime pay102/cFor each worker who is not paid overtime, does not use the free time he deserves within six months, and works overtime without his approval.555 TL
56Annual Paid Leave Application103For every worker whose annual paid leave is illegally divided.555 TL
57Annual Leave Fee103For every worker whose annual leave pay is illegal or underpaid.555 TL
59Leave Fee at Termination of Contract103For each worker who is not paid the leave s/he did not use at the end of her/his employment contract.555 TL
60Regulations on leave103For every worker who has not been granted leave or granted less leave than the permit regulation specifies.555 TL
63Work period104Not complying with the provisions of the regulations regarding work periods.3.064 TL
64Compensatory work104For every worker employed without complying with the provisions of the law regarding compensation work.555 TL
68Rest break104Rest breaks are not given according to the provision of law.3.064 TL
69NIght time and night work104Making workers work for more than 7.5 hours a night, not changing their day and night shifts.3.064 TL
71Employment age and prohibition of child labor104To act contrary to the provisions of employment age and prohibition of child employment.3.064 TL
72Prohibition of operating under ground and under water104To employ male workers under 18 and female workers of all ages underground and underwater.3.064 TL
73Prohibition of night work104To employ children and young workers at night, acting contrary to the provisions of the laws and regulations on the prohibition of employment.3.064 TL
74Maternity work and lactation leave104Not giving unpaid leave during the prenatal and postnatal periods to female workers.3.064 TL
75Worker’s personnel file104Not arranging employee personal files.3.064 TL
76Failure to comply with regulations104Not to comply with the provisions of the regulation on working periods3.064 TL
90Mediation to find work and workers106Engaging in employment and employment activities without obtaining permission from İş-Kur. (based on the Employment Agency Act No. 4904 of Article 20 (h))27.848 TL
92Authorized authorities and officers107Not cooperating with labor inspectors, not giving statements and information, not showing and giving necessary documents and evidence, not showing the necessary convenience to the inspectors.27.848 TL
96/1Employee and employer’s responsibilities107To force workers whose expressions and information are consulted by labor inspectors to hide or change the truth.27.848 TL
96/2Employee and employer’s responsibilities107The workers’ making unnecessary acts or unfairly misconduct the employer by giving false news, making it difficult to carry out inspection and inspection, and engaging in malicious acts.27.848 TL
107/2Non-compliance with the Provisions Regarding the Inspection and Inspection of Business Life107/2To prevent labor inspectors from performing and concluding their inspection and inspection duties.27.848 TL
Note:– The amount of administrative fines to be applied is increased annually at the revaluation rate and amounts below 1 (one) TL are not taken into account. – The revaluation rate for 2020 has been determined as 9.11%.

About datassist

Check Also

Employment Contracts and Penal Clause

Employment contracts are established between the employees and the employer in order to regulate the …

Leave a Reply

Your email address will not be published. Required fields are marked *