Business in Turkey

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.

Support for Employing Registered Unemployed of İŞKUR

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The third circular has been issued on the support for employing registered unemployed of İŞKUR  (Turkish Employment Agency) and the scope of the support is widened.

Circular 2017/10 (dated 1st March 2017)

As we informed you before, private sector employers are refunded daily 22,22 TRY of total SSI premiums to be paid for each personnel who are employed amongst the registered unemployed of İŞKUR until 31st December 2017, as per the Cabinet Decree/687, issued in Official Gazette No. 29974, dated 9th February 2011.

Also, for the above described employees, the withholding tax applied on minimum wage is set-off from the withholding tax return after the minimum living allowance is applied. Besides, stamp tax deducted from minimum wage are not declared and not paid.

National Employment Strategy of Turkey Issued

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istihdamraporuAs of 2023, unemployment rate will be reduced down to 5%, unregistered employment rate in non-agricultural sector will be under 15%, women’s employment participation rate will be increased to 41%, and child labor will be eliminated, according to government’s new “National Employment Strategy” published in the official gazette on 7th June 2017.

The target of the new strategy is;

  • Creating strong relations between education and labor market
  • Ensuring Flexicurity (flexibility and security) which strike a balance between flexibility and security in the labor market and help both workers and employers to seize the opportunities offered by globalization.
  • Increasing the employment of the groups that require special policy.
  • Strengthening the employment-social protection relation. 

All about Annual Vacation in Turkey

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Paid annual leave is arranged between Articles 53 and 62 of Labor Law, No. 4857, and relevant procedures and principles are set out by the Regulation on Paid Annual Leave.

Who Decides Who is Taking Vacation and When?

For workplaces employing more than 100 employees it is obligatory to constitute an “Annual Leave Committee,” comprised of representatives of employers and authorized for planning paid annual leave. Planning may be made by employers or employers’ representatives or persons authorized by them in other establishments.

Written requests for entitled paid annual leave should be submitted to the employer at least one month prior to the date at which employee wish to start his/her paid leave.

Employer is not bounded with the start and end dates of the leave demanded by employee, and may determine different dates by taking into account the continuity and regularity of operations in general, order of precedence as regard to seniority, or the special issues pertaining to employer's workplace. But that does not mean employee cannot take his/her paid annual leave in the relevant year.

Leave of Absences with Pay in Turkish Labor Law

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Employees are allowed to take some days off on some occasions such as marriage, birth, death, adoption etc. Remuneration of these leaves shall be paid by employer, and such leaves shall be regarded as worked in computation of the length of service required to qualify for paid annual leave.

Rights of Father in Turkish Labor Law

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Turkish Labor Law contains many provisions creating positive discrimination (which is praiseworthy) for female employees, however until recently male workers had not got any parental leave.

By the new arrangements came into effect in last two years, male employees whose spouse has given birth, or adopters of a child are granted paid and unpaid leaves.

Leave of absence with pay (paternity leave)

* Female employee will be allowed to take 5 days paid leave in case of his spouse has given birth.

* Weekends and national holiday coinciding with leave period are not taken into consideration, so the leave may be over 5 days in these cases.

* In determining the right to annual leave with pay, the paternity leave periods will be treated as having been worked.

* Also, father (or any of the parents) may take 10 days paid leave to attend his treatment of the child who has at least seventy percent disability or chronic disease.

Termination of Contract by the Employer - Points to Consider

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Termination of employment contract, either by employee or by employer is subject to strict rules arranged in Labor Law.

Especially the employer should be more careful and take the following points in the execution of termination.

§ Notice of termination must be in written,

§ The exact reason of termination should be explicitly notified to employee,

§ In case misdemeanor of employee, this act must be documented. Statements must be taken and appended to an official report,

§ Employee's defensive statement must be taken. If employee refrains from giving statement, a notice should be sent to employee through a notary public.

Prescription period for execution of termination

Prescription period is 6 working days.

The right to break the employment contract for the immoral, dishonorable or malicious behavior of the employee may not be exercised after six working days of knowing the facts, and in any event after one year following the commission of the act, has elapsed.

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