Business in Turkey

2018 Fines for Illegal Employment of Foreigners in Turkey

on .

idaripara1

International Workforce Law No. 6735, published in Official Gazette numbered 29800 dated 13 August 2016, has replaced the former Work Permit Law No 4817 and introduced many changes as regard to work permit regulations of foreigners as well as new amounts of administrative fines for illegal employment of foreigners and for failure to fulfill the obligation of notification.

 Administrative fines arranged in Article 23 of the new Law are increased 14,47%, in parallel with the revaluations rate determined for the new year. You can find the previous and current amounts in the table below.

SSI Administrative Fines for 2018

on .

idaripara3

Administrative fines to be applied by the Social Security Institution are increased in 2018 in parallel to minimum wage hike. Amounts of the fines for the violations specified article 102 of Social Insurance and General Health Insurance Law No. 5510 are as follows.

Support for Employing on-the-job Trainees Continues

on .

isbasi egitim

SSI premium support for private sector establishments, who employ trained candidates of training-on-the job programs carried out by Turkish Employment Organization (İŞKUR), has been extended to the end of 2018.

Pursuant to said incentives the employer contribution share of some personnel's social security premiums will be paid from the Unemployment Insurance Fund for certain periods and under some condition stated below.

Intern Wages Updated

on .

stajyer destegi

Monthly wage of Interns who are in the scope of compulsory Internship is increased from 381,23 TRY to 435,27 TRY.

As we informed you before, the Government support provided from Unemployment Fund for the employers of interns will continue during 2017-2018 school year. (Cabinet Decree 2017/10834, issued in Official Journal numbered 30216, dated 20 October 2017)

Work Permit Fees of Syrian Nationals Reduced

on .

syria 

General Directorate of International Workforce announced that work permit fees of Syrian Nationals under Temporary Protection are reduced to 200,00 TRY.  

As per Turkish Act on Fees No. 492, temporary work permit (up to one year) fee is 537,50 TRY. However, this amount is decreased to 200,00 TRY for Syrian nationals as of 15 December 2017. 

WORK PERMIT REGULATION OF SYRIANS

“Regulation on Work Permit of Refugees under Temporary Protection" has been issued in the Official Journal No. 2016/8375, dated 15 January 2016, and these refugees will be granted work permit under certain conditions and restrictions.

Administrative Fine For Unreal Occupational Codes

on .

meslekkodu

In the New Year, notified occupational codes must reflect the truth; otherwise employers will be liable to an administrative fine. 

Article 98/A of Income Tax Law No. 193 stipulated that, deducted taxes with tax bases, employees’ SSI premiums and total earnings, name of occupations and occupational codes as well as premium paid days must be declared online with Withholding Tax and Monthly Premium Service Document.

Although application of “Withholding Tax and Monthly Premium Service Document” is postponed to 1 July 2018 for most the provinces of Turkey, employers should update these codes at the beginning of the new year.

Because January is the month promotions and statute changes takes place in. Workplaces can update the changes on SSI screens by entering the real occupational codes of their employees without any administrative fine.

 According to Law no 5519/102-n that will be in effect as of 1st January 2018;

Workplaces that notified the occupational codes contrary to the facts, an administrative fine equal to 1/10 of monthly gross minimum wage for per employee will be imposed.

Employers are advised to check the above mentioned codes carefully and update the ones that don’t reflect the true occupation of the employees. 

Workplaces That will Enter Into Private Pension Implementation in the New Year

on .

 bes eng

We would like to remind you that the workplaces employing 10 (Inc.) to 50 (Exc) personnel will start to enter into contracts with pension companies and offer pension plans to the employees as of 1st January 2018.

As is known, Private Pension System, which is complementary to the mandatory state social security scheme in Turkey has been introduced by Law No. 6740 and entered into force as of 1st January 2017.

Deductions of Fines From Wages

on .

ucret kesme

An amount of fine can be applied on employee’s wage for the reasons determined by the collective agreements or the employment contracts.  These fines are result of disciplinary punishments imposed by workplace’s disciplinary board, and cannot be more than two days’ wage in a month.

Fines are arranged in article 38 of Labor Law No. 4857, and the principles are as follows;

  • No fine can be imposed on an employee’s wage other than those determined by the collective agreement or the employment contract.
  • The fine must be notified to employee together with the reason immediately.
  • Wage deductions as fines cannot exceed two day’s wage in a moth. In case of piece work or in case the wage determined according to the amount of work to be done fine cannot be over employee’s two day’s earnings.
  • Fines must rely on solid evidences. 

E-Mail Subscription

Stay updated by signing to our monthly newsletter