Business in Turkey
On the occasion of International Working Women's Day, we would like to present the provisions concerning women in Turkish Labor Legislation briefly to your attention. Subject of this first part will be the “Principle of Equal Treatment” and “Protective Provisions” concerning female employees.
PRINCIPLE OF EQUAL TREATMENT
Turkey is a party to the Convention on the Elimination of All Forms of Discrimination against Women adopted in 1979 by the UN General Assembly that defines the discrimination and the actions to be taken to end it.
Also, Article 10 of Constitution of the Republic of Turkey sets forth the principle Equality before the Law;
"All individuals are equal without any discrimination before the law, irrespective of language, race, color, sex, political opinion, philosophical belief, religion and sect, or any such considerations. Men and women have equal rights and the State is responsible to implement these rights…"
Equal treatment in employment and occupation is arranged in Article 5 of Labor Law No. 4857 which stipulates the employer’s obligation of equal treatment to employees regardless of their gender.
On the occasion of International Working Women's Day we presented the provisions in labor legislation related to “Equality Principle” and “Protective Provisions” in our first article. Further we want to specify some arrangements for working mothers included in Labor Law, and Regulations.
WORK DURING MATERNITY NURSING LEAVE
- Women cannot be employed in work for eight weeks prior and eight weeks after the childbirth. In cases of multiple pregnancies, two weeks are added to the eight-week period prior to the birth. If the expectant mother stops working three weeks before the delivery, and obtains doctor’s approval, the leave period she worked will be added to her leave period after the birth.
- Female employee may also take an unpaid leave of up to six months after the expiry of the sixteen weeks, or in the case multiple pregnancies, after the expiry of the eighteen weeks.
- The female employee shall be granted paid leave for periodic examinations during her pregnancy.
Depend on the medical report; the pregnant women may be assigned to lighter duties without any reduction in her wage.
You can get access to the full details of 2016 minimum wage support and full translation of related article in the recent write-ups issued in our website through the links below,
Working class in Turkey isacquainted with first time introduced rights concerning their working times after birth and adoption. Turkish mothers have sixteen weeks statutory maternity leave and may take an additional unpaid leave up to six months starting from this period. There were no arrangements concerning the leaves or pays of male employers or the adopters.
Now with the "Law on Amending Income Tax Law and Some Other Laws No.6663,"that has been accepted in General Assembly on 29 January 2016, working women will be offered a choice to work half time up to two months on her first childbirth, four months on her second and six months for the third child,without losing their full-time earningsafter the expire of their statutory maternity leave, in order to spare more time for their infants.The working women or man (one of the married coupleor the adopter) who adopted a child under three years of age will be benefiting from the same right.
Any one of the working parents will be allowed to work half time until the child begins to school, and the same right will be granted to adopting parents. But non-worked hours during this period will not be covered.
Law on Amending Military Service Law and Some Other Laws, No. 6661 has been issued in Official Journal No. 29606, dated 27 January 2016 and is in effect as of 1st January 2016.
We informed you recently, the article 17 of above said (colloquially known) bag law thatarranges theprocedures and principles of benefiting from minimum wage incentives is accepted in Parliament's General Assembly.
English version ofLAW ON AMENDING MILITARY SERVICE LAW AND SOME OTHER LAWS, No. 6661, dated 14/1/2016,ARTICLE 17 is provided below.
Nursing benefit (colloquially known as “milk money”) is a lump-sum payment made to the insured nursing mother or to the male insurance holder due to his not insured spouse giving birth, to help them to feed their infants.
The amount of the benefit isdetermined by the Board of Directors of the Institution yearly at the rate of the increase inConsumer Price Index (TÜFE). By the Circular No. 2016/3, dated 28 January 2016, the amount of nursing benefit is increased from 112.00 TL to 122.00 TL.
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