Business in Turkey

New Circular on Incentive Bans

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tesvik modul

We have informed you that one year incentive-deprivation period of employers, who are found not notified the employed personnel as insured, or the notified insured is not working virtually (insured falsely), is shortened to one month according to additional article14 of Law No. 5510 which is added by article 17 of Law No. 6824 issued in Official Gazette numbered 30001, dated 8th March 2017.

As there are so many incentives, supports and deductions in Turkey’s application, questions aroused about which of them are in the scope of the new arrangement. Now with the SSI Circular No.2017/18 issued on 11 April 2017 the matter is clarified.

WORKPLACES, INCENTIVES AND SUPPORTS IN THE SCOPE OF THE LAW

Employers/Workplaces liable to incentive ban

  • Employers who are detected to be employing unregistered personnel (not notified the employed as insured), or in case the personnel is falsely notified as insured (not working virtually)
  • In case the number of unregistered or falsely registered personnel is exceeding 1% of total registered personnel in the workplace, (and more than five if it doesn’t exceed 1%)
  • Employers cannot benefit from the below stated incentives for one month in the first detection, and in case the employers continue to employ unregistered personnel within the following 3 years they will be devoid of premium incentives for a period of one year each time they are detected to be doing so.

Proving the Right to Annual Leave – Supreme Court Decision

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yillikizin site

Burden of proof as regard to use of annual leave rests on the employer according to Supreme Court decision. The ruling depends on the provision that stipulates “employer must keep a roster showing the paid annual leaves of the employees working in the establishment”.

ANNUAL LEAVE IN TURKISH LABOR LAW

Labor Law places special emphasis on paid annual leave of employees and contains many detailed articles concerning the subject. Some of them are as follows:

  • Employees, who have completed a minimum of one year of service in the establishment since their recruitment, including the trial period, shall be allowed to take annual leave.
  •  An employee neither can waive his right of vacation nor can s/he engage in gainful employment during this period.
  • Leave periods may be divided by mutual consent, provided that one of the parts shall not be less than ten day.
  • National holidays, weekly rest days and public holidays that coincide with the duration of paid annual leave may not be included in the annual leave period.
  • Employees’ paid leave entitlements and the leaves taken should be recorded in a "vacation book" and the documents in respect to leaves must be signed with both employee and employer. Documents related to annual paid leave should be kept in employees' personal files.
  • Any annual leave remuneration due to, but not yet claimed by employee must be paid to them, or persons entitled on their behalf, upon the termination of an employment contract for any reason, at the wage rate prevailing on the date of termination.

Wages and Social Security Status of Interns in Turkey

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stajyerler son site

As summer is approaching hundred thousands of high school (lise) and university students will be employed in workplaces as interns in a couple of months, however status of interns and their wages, also the government supports provided for them are confusing and we would like to summarize the subject in a simplest way possible.

First of all, the determining factor is whether the internship is compulsory or optional.

  • Compulsory Internship

These are the ones having internship compulsorily within the determined periods as a requirement of their school or occupation. Employment processes and SSI transactions of such trainees will be conducted by their school at the start of the internship. They will be insured only in the scope of short term insurance branches.

New Era in General Health Insurance Application - Premiums Lowered to 53,32 TL

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As of 1st April 2017 a single premium amount, monthly 53,32 TL, will be applied for all the persons subject to General Health Insurance (GSS) and the unpaid debts will be collected by taking the said amount as a base, according to Law on Restructuring Some Receivables No 6824,  issued in Official Gazette Numbered 30001, dated 8th March 2017 and is in force as of 1 April.

Exemption for Syrian Medical Personnel

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Principles and procedures for foreign professionals of healthcare services working in private health institutions are arranged by a regulation issued in Official Gazette Numbered 28212, dated 22 February 2012; and also provisions of International Workforce Law No. 6735 are applicable.

Work Permit  Obligation

In the work permit applications, foreigners seeking to work in healthcare services must obtain preliminary permission from the Ministry of Health. (Law No.6735, Article 8)

Requirements of Work

Foreign medical personnel may work in private health institutions by satisfying the following conditions;

Rights of an Employer after Military Return

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Military service is mandatory for young males in Turkey with some exceptions; and many youth people leave their civilian employment for a considerable period of time. Turkish Labor Law provides some provisions to prevent these people having lost their severance pay and the jobs they had to leave because of military service.  

Entitlement to Severance Pay Because of Leaving for Military Service

Employee will be entitled to severance pay when he left for mandatory military service, provided that the period of employment with the same employer is minimum 1 year. However no notice pay will be paid to them.

You can be Fired for Being Overcritical about Your Boss on Social Media

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Social media may be a dangerous place for the people who cannot hold their tongues; especially for the employees go beyond the acceptablelevel of criticism about their workplace and employer.

A publicly shared snide comment or a nasty remark about your employer, even intended to be a joke, can cost your job.

What the Labor Law Says?

Pursuant to Turkish Labor Law 4857, Article 25; the employer may terminate the employment contract, whether for a definite or indefinite period, before its expiry or without having to comply with the prescribed notice periods, for immoral, dishonorable or malicious conduct or other similar behavior of employee. For example “if the employee is guilty of any speech or action constituting an offence against the honor or dignity of the employer or a member of his family, or levels groundless accusations against the employer in matters affecting the latter’s honor or dignity.”

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