Legal News

How Many Leave Days In The Feast Of Ramadan

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In many occasion it depends on whether you are employed in public or private sectors.

In this year's Ramadan Feast, public employees will have 5 days holiday uninterruptedly between 4th and 8th July, and many of the public institutions and agencies including SSI departments and tax offices will be closed during this period.

As a rule, and according toprinciple of equal treatment which is set forth in many legislation there cannot be any discrimination between employees concerning their public holiday, howeverespecially in the case of long lasting holidays such as Feast of Ramadan (3,5 days) and Feast of Sacrifice (4,5 days) public sector employees may enjoy longer leave days by being allowed administrative leaves.

2016 Ramadan Feast starts on Monday (13.00 00 o’clock) 4th and ends onThursday 7th of July, and public employees in state institutions and organizations will be deemed on administrative leave on Monday (half) 4th and on Friday 8th.Only very limited number of personnel will be on duty for emergencies.

How to Calculate the Annual Leave Periods Of Part-Time Workers

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Part-time workers cannot be treated discriminatingly concerning their annual leave. In short, how many days a part time employee works in a week don't matters, he can use his annual leave as if he worked in all days of the week.

Annual leave entitlement of employees working under a part-time or work-on-call employment contract is a highly controversial issue and we are receiving so many questions on this subject. We will try to clarify the matter with examples in the light of the "Regulation on the Paid Annual Leave".

Pursuant to Article 13 of Regulation on Paid Annual Leave; employees working under a part-time or work-on-call employment contracts must not be subjected to differential treatment, and benefit from the same rights as the full time employees do.

Such employees, as far as the contracts are continuing, can use their yearly entitled annual leaves by not working in the workdays of following yearwhich coincide whit the periods of leave.

Turkey Severance Pay System Takes Shape

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Severance payment will be made through a Fund that will be established for each individual employee, and all employees who even left the work by their own wish (resignation) or are dismissed for just cause, and whatever their length of service, will be able to receive their severance pay from their individual severance pay account.

According to the report of newspaper Dünya, the main point of Government's long-awaited severance pay reform became clearer, and a draft law intended to reconstruct the current system substantiallywill be submitted to Parliament.

Personal Use Of Corporate E-Mail Can Be A Reason Of Dismissal

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An employee can be fired for using corporate e-mail for personal purposes at work.

Corporate (or work) e-mail is an e-mail address owned by the company and assigned to you for professional activities. In case of using this address for the personal correspondencewithin working hours, employer may terminate the labor contract with just cause without waiting for the notice period and paying any severance.

According to a recent ruling of Turkish Constitutional Court; employer has the right to monitor every electronic mails send to or from company’s e mail address and that would not constitute a violation of right of privacy or violation of communication confidentiality. Also, termination of employment contract in such a case is found appropriate by the Court.

The ruling comes after the individual appeals of two employees, who are fired for personal use of company’s email address between their personal correspondences during working hours, and claimed that their right of privacy and confidentiality of communication are violated. But the claim declined by the Court.

Wages to be Paid Through Bank Account

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Wages of employees in the workplaces employing 5 or more personnel must be paid through banks as of 1st June 2016.

Turkish Labor Law No. 4857, Article 32 defines the “Wage” in general terms,as the amount of money to be paid in cash by an employer or by a third party to a person in return for work performed by him.

As a rule the wage should be paid at the establishment or should be deposited into a specially openedbank account.

By a Regulation issued in 2008 it was made compulsory for the establishments with at least 10 employees to pay every kind of remuneration via specially opened bank accounts.

Temporary Employment Accepted In Parliament

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temporary-employment-accepted-in-parliamentEmployers may apply to hire temporary employees by applying to private employment agencies that are authorized to establish temporary employment relationship by Turkish Employment Organization.

In many circumstances such as employees’ maternity leave, military service, annual leave, imprisonment, or for many reasons related to the workplace such as unexpected workload or emergency work, employer would be in need of additional personnel for a limited period which can be best to filled up by temporary personnel.

Government proposal, intended to meet the need of such temporary workforce, “AMENDING THE LABOR LAW AND TURKISH EMPLOYMENT ORGANIZATION LAW” got through the Parliament and soon to be published in Official Journal.

Telecommuting Accepted In Parliament

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telecommuting-accepted-in-parliamentThe concept of telecommuting (remote work) entered into Turkey's labor market by the amendments made in the Labor Law.

Telecommuting is the work performed in an environment other than the employer workplace. In general this type of work may be performed home based or from any other place through telecommunication, and it is also called remote, home, mobile, virtual, or cloud working.

New Regulation For Refugees

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new-regulation-for-refugeesForeigners who have the status of "Refugee" or "Subsidiary Protection" will be allowed to work without a work permit, however the "Applicants of International Protection" and "Conditional Refugees will still be under the obligation of obtaining a work permit to work independently or be employed.

"THE REGULATION ON WORKING PROCEDURES OF INTERNATIONAL PROTECTION APPLICANTS AND HOLDERS OF INTERNATIONAL PROTECTION STATUS," based on the Law on Foreigners and International Protection, No. 6458, and determining the procedures and principles governing the employment of the applicants or the beneficiaries of international protection status, has been issued in Official Journal No. 29695, dated 26 April 2016.

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