Business in Turkey

Can You Combine Annual Leave With National Holidays?

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In principle yes! But it is your employer who says the last word. This question became a FAQ in these days because of approaching national holidays.

First of all, national holidays, weekly rest days and public holidays which coincide with the duration of annual leave cannot be included in the annual leave period.  As an example, an employee starting his/her 7 days vacation on Monday should get back to work on next Tuesday (instead of next Monday), as the Sunday, being a weekly rest day, is not considered within the paid annual leave period and one day is added to vacation. Practice is likewise for the other official public holidays.

Obligation of Employing Victims on the Way

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In Turkey private sector establishments employing fifty or more employees are required to employ disabled persons not less than 3 % of their number of personnel. For employers who have more than one establishment within the boundaries of a province, the number that the employer must employ shall be computed according to the total number of employees.

Now, the Victim Rights Law Draft prepared by Ministry of Justice proposes that workplaces with fifty or more employees are to employ victims of certain crimes up to 2% of their total number of personnel, in addition to above mentioned 3% disabled persons.

How Many off Days Can You Take Due to Illness?

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Every employee have the right to take the days off during an illness or injury provided that temporary disability to work is documented by a medical report. 

Employer cannot ask or force you to work during this period, and your being ill doesn't give employer a valid reason for termination of employment contract. However, there is a limit to take days off because of illness even it is based on medical report. Employer may terminate a long-term sick employee's contract by paying his/her severance pay.

Annual Vacation of Seamen in Turkey

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Principles and periods related to paid annual leave of seamen are arranged in article 40 of Maritime Labor Law No.854.

Who are seamen?

Captain, officer, sailor and other persons who are working in the ships with an employment contract are considered seamen.

For application of Maritime Law the ships should be bearing Turkish flag and sailing on the seas, lakes and rivers and weighing 100 gross tons.

Entitlement to annual vacation:

Seamen who have worked under same employer or in the same ship, based on one or more employment contract, at least six months within a calendar year will be entitled to annual leave.

Calendar year means 1st January to 31st December of the year.

Period of annual vacation:

Leave periods cannot be less than;

  • 15 days for the seamen whose length of service between six months and one year,
  • One month for the seamen whose length of service is one year or over.

How to use:

  • Vacation should be taken at the date approved by the employer,
  • Annual vacation right cannot be waived,
  • And cannot be converted into wage unless in case of termination of employment contract.
  • Due but not yet used vacation periods must be paid to seamen as wage. Gross salary should be taken as a base.
  • Seamen may require to take unpaid leave for travel up to seven days,
  • Seamen cannot be forced to use their annual leave in a foreign port or in other than a place where employment contract concluded,

One month vacation can be divided into two by mutual consent, provided that both parts should be used within the same year.

How to Calculate the Unused Vacation Pay

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Hesap MakinesiIn principle annual leave right cannot be waived and cannot be converted into wage unless the employment contract is terminated. So payment for unused vacations is possible only in case of termination of the contract.

Upon the termination the unused annual leave remuneration must be paid to employee or the persons entitled on his behalf at the wage rate valid on the date of termination.

Due but not yet used annual leave days are multiplied by the daily gross wage valid in termination date.

What is the result of absenteeism in Turkish Labor Law?

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You can be dismissed without receiving severance pay due to unexcused absence from work for certain periods.  

Employees may miss some work days for various reasons that may be excused or unexcused. As absenteeism affects the productivity of a company, employer has the right to terminate the employment contract with just cause.

As per Labor Law 4857, Article 25/II, the employer may break the contract, whether for a definite or indefinite period, before its expiry or without having to comply with the prescribed notice periods

Annual Leave Periods of Press Employees

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Press members, unlike other workers who are in the scope of Law No. 4857, are subjected to Press Labor Law (Law on Sector Regulations between Press Employees and Employers) No. 5953, which includes different arrangements for the press member such as longer annual leave periods.

Unemployment Benefits for Foreigners in Turkey

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Foreign employees are already entitled to unemployment salary provided by İŞKUR (Turkish Employment Agency). Now with the new issued İŞKUR Circular 2017/1 foreigners who are satisfying some conditions will be benefiting from training programmes conducted by the Agency within the framework of active labor market policies.

UNEMPLOYMENT BENEFITS

Unemployment benefit, also called "Jobseekers Allowance" or "Dole," is an allowance granted to insured employees who lost their jobs against their will.  In Turkey, it is simply referred as “unemployment salary” and paid to eligible workers in the scope of mandatory unemployment insurance in line with the Law on Unemployment Insurance No. 4447.

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