VIOLATION

TRY

Notification of NEW STARTERS

• Not notifying the new starters within the stated time period or in format and procedure set forth by the Institution.

Administrative fine equal to the minimum wage for each employee:

In case the declaration is submitted within 30 days after the legal time period, and paid within 15 days following the notification from SSI, ¼ of the minimum wage: 639.60

2,558.40

• For each new starters who are found, by the public bodies/officials and courts, that are not notified to Institution.

Administrative fine equal to two times the minimum wage for each employee:

5,116.80 

• In case it is found out that the notification is not submitted again within one year in the case stated above.

Administrative fine equal to five times the minimum wage for each employee:

12,792.00

In case the WORKPLACE NOTIFICATION is not submitted to SSI/SGK within the legal period, or in accordance with the format or procedure determined by the Institution, below administrative fines shall be applied.

• For those obliged to bookkeeping on the basis of balance, the amount of three months minimum gross wage.

7,675.20 

• For those obliged to keep other books, two months minimum gross wage.

5,116.80 

• For those not obliged to keep any book, one months minimum gross wage.

2,558.40

In case the MONTHLY PREMIUM AND SERVICE DECLARATIONS are not submitted in time or in the format determined by SSI below administrative fines shall be applied.

• If the document is original, provided that the amount is not over two times of the monthly minimum wage,

Administrative fine equal to one fifth of the minimum wage forper registered insurance holder

511.68

upper limit

5,116.80

• If the document is an attachment, provided that the amount is not over two times the monthly minimum wage,

Administrative fine equal to one eighth of the minimum wage per insurance holder registered in each attached document:

319.80 

upper limit

5,116.80

• If the document is an attachment, in case information and documents proving that the insurance holders worked less than thirty days are not submitted to the Institution within due time for monthly premium and service document or in case submitted information and documents are not considered valid by the Institution, monthly premium and service document is prepared by the Institution, sua sponte, for periods declared less than thirty days,

Administrative fine equal to  half of the minimum wage for each employee:

1,279.20 

upper limit

5,116.80

• In case it is found out, by the public bodies/officials and courts, that insurance holders who have not communicated, or notified incompletely, their services or earnings to the Institution, independent of the facts whether the document is original, is an attachment or is prepared by the employer, or not,

Administrative fine equal to two timesof the minimum wage for each employee:

    5,116.80

Administrative fine equal to two times the minimum wage shall be applied for each month attributed to incomplete workmanship amount determined not to be communicated to the Institution, based on reports prepared by inspection and control officers authorized to examine books and documents.

5,116.80

To individuals who do not completely fulfil the obligation of presenting the workplace books, records and documents to the Institution officers charged with inspection and control duties, upon their requests, without any force majeure, within fifteen days, in spite of Institution's written warning, or/and in case the books are uncertified.

• Administrative fine equal to twelve times the monthly minimum wage shall be applied for those who are obliged to keep books based on balance sheet principle,

30,700.80

• Administrative fine equal to six times the minimum wage shall be applied for those who are obliged to keep other books,

15,350.40

• Administrative fine equal to three times the minimum wage shall be applied for those who are not obliged to keep books

7,675.20 

• In case of invalid records,  even the above mentioned documents presented in time, administrative fine equal to half of the minimum wage for each employee:

1,279.20

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.

255.84

Upper limit

5,116.80 

ViolatedArticle

Penalty Clause

VIOLATION

Amount of Fine / TRY

Revaluation Rate 23,73%

3

98

Not notifying the setting up or taking over an establishment, or the changes in the nature of business, or permanently closing down an establishment, to the regional directorate of labor. (Same for the subcontractor)

26.027,00

5

99/1-a

Making discrimination based on language, race, sex, political opinion, philosophical belief, religion and sex or similar reasons

219,00

7

99/1-b

Acting in violation of provisions of temporary employment relationship for each employee

 366,00

8

99/1-c

Not informing the employee about working conditions in case there is no written contract for each employee.

219,00

14

99/1-c

Violating the “work on call and remote working” principles for each violation

219,00

28

99/1-d

Violating the obligation to arrange a work certificate for the leaver, or writing incorrect information on this certificate for each employee

219,00

29

100

Dismissal of employees in contravention of the provisions of collective dismissal for each employee.

857,00

30

101

Violating the obligation of employing disabled (or ex-convict/not applicable to private sector workplaces) for each disabled who isn’t employed.

 3.250,00 

32

102/a

Deliberately failing to pay the full wages of employee, entitled under Labor Law, or in the collective agreement or the employment contract for each employee and each month.

236,00

32

102/a

Failing to pay the minimum wage in full fixed by the commission, and not paying the wage and other benefits such as bonus etc. through bank account despite the fact that it is stipulated in law, for each employee and each month.

236,00

37

102/b

Failing to provide employees with payslips

857,00

38

102/b

Imposing fine on employee’s wage unlawfully

857,00

52

102/b

In establishments where the percentage wage method is practiced, the employer is under the obligation to submit a document showing the general total of each account slip to an employee representative elected by the employees; failing to fulfill this obligation

857,00

41

102/c

Failing to pay the employee overtime wages; failing to allow the employee to use the free time to which he is entitled within six months; and does not obtain the employee’s approval for work at extra hours. 

 416,00

56

103

Splitting the annual paid leave in contravention of regulations per employee.

416,00

57

103

Not paying the full amount of annual leave for each employee.

416,00

59

103

Any annual leave remuneration due to, but not yet drawn by an employee, must be paid to him or to other persons entitled on his behalf, upon the termination of his employment contract for any reason, at the wage rate prevailing on the date of termination. Acting against this provision for each employee.

416,00

60

103

Failing to implement in full the provisions of the Regulation on Annual Leave” (Not letting the employee to use his annual leave days completely) for each employee.

416,00

63

104

Acting in contravention of provisions of working hours stated in law

2.292,00

64

104

Acting in contravention of provisions related to compensatory work, for each employee.

416,00

68

104

Not allowing the rest breaks stated in law.

2.292,00

69

104

Having the employees work over 7.5 hours at nights

2.292,00

71

104

Acting contrary to provisions related to working age and prohibition of child work

2.292,00

72

104

Employing boys under the age of 18 and women irrespective of their age on underground or underwater work

2.292,00

73

104

Employing children and young employees under the age of eighteen on industrial work during the night

2.292,00

74

104

Employing female employees during the pre and after birth periods, and not allowing them to have unpaid leave granted in the law

2.292,00

75

104

Not arranging personnel files for each employee working in the establishment

2.292,00

76

104

Not complying with the provisions of “Regulation on Working Hours”

2.292,00

90

106

Performing employment services without procuring the permit from İŞKUR (Turkish Employment Agency)

20.822,00

92/107

107

During an inspection it shall be the duty of the employer, his representatives, the employees and any other persons concerned to attend whenever summoned by the authorities or officials responsible for inspection, to give them any information requested, to present for their inspection and, if necessary, to hand over all relevant documents and records, to provide them with every assistance in the exercise of their functions, and to comply, without any attempt at evasion, with all relevant orders and requests received in this connection. Acting contrary to these provisions, and preventing them to perform their duties.

 20.822,00